IBA Annual Conference on International Criminal Law: The World in Crisis
4 Feb 2017
Peace v Justice - the jus post bellum dilemma (Columbia, Yemen, Syria, Sri Lanka and Nepal)
Saturday 4 February (1400 - 1530)
War Crimes Committee
European Regional Forum
Political leaders often invoke post-war developments, like bringing democracy or stability, to justify or condemn a war. Twentieth century warfare and modern interventions, however, have all too often shown that the use of force, whether in international or non-international armed conflict, is followed by chaos and legal uncertainty. Jus post bellum has thus become the subject of interest for many international lawyers concerned with transitions from conflict to peace. Just settlement, conflict termination and peace-making have historically been the focus of this discipline as it has evolved in the Law of Nations. With the birth of modern international criminal law, however, and future developments in the law on the use of force, questions have arisen and will continue to arise concerning the propriety and sequencing of justice and accountability mechanisms for violations of the laws of war during and in the lead up to the conflict. Drawing from case studies such as Yemen, Syria, Colombia, Sri Lanka, Nepal and many others, jus post bellum questions of public international law, human rights law, and international criminal law will be explored in the course of this panel.