International law and the legal foundations of peace operations -- Applicability of international law to peace operations -- The concept of protection in United Nations policy and guidance instruments -- Security Council mandates to protect civilians -- International human rights law under jus post bellum -- International humanitarian law under jus post bellum -- Identification and classification of armed conflicts -- The protective nature and function of the law enforcement paradigm under international human rights law -- Protective nature and function of the paradigm of conduct of hostilities under international humanitarian law -- Protection in the law of occupation -- Protection in non-international armed conflicts -- An emergency law regime under jus post bellum- a missing link to peace? -- Identifying a dividing line between conduct of hostilities and law enforcement under jus post bellum -- A normative framework for effective, purposive, and sustainable protection of civilians jus post bellum.
Summary:
"This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today's peace and security realities"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.