Jus ad Bellum, Jus in Bello and Jus post Bellum
Research Handbooks in International Law series
Edited by Nigel White and Christian Henderson
Chapter 15: Peace settlements and international law: from lex pacificatoria to jus post bellum
This chapter will examine the ways in which peace settlements are producing a lex pacificatoria, a new ‘law of the peacemakers’, in a range of different areas relating to international conflict and security law. The chapter considers the relationship between this ‘lex pax’ and proposals for re-invigorating a concept of jus post bellum which forms a theme of this collection. The chapter illustrates how the practice of fashioning and implementing peace settlements is forcing a revision of relevant international law, as the traditional assumptions and boundaries of relevant legal regimes do not fit within post-settlement political landscapes, are inadequate for enabling and regulating peace settlement implementation, and do not contain guidance for the dilemmas faced post-settlement. The chapter sets out the relationship between peace agreements and international law, describing the ways in which a lack of fit between peace settlement dilemmas and international legal doctrines has generated new practices and new articulations of international law. Building on earlier arguments, I argue that these revisions constitute a new lex pacificatoria, or ‘law of the peacemakers’, in the form of a normativized practice of conflict resolution. The extent to which these new practices constitute ‘law’ at all is critically evaluated throughout the chapter. In conclusion, I consider whether it is possible, useful and desirable to frame and develop the ‘new law’ as a new jus post bellum that might supplement existing categories of jus ad bellum and jus in bello. The contemporary peace settlement is a post-Cold War phenomenon.
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