1st Edition

International Law in the Transition to Peace Protecting Civilians under jus post bellum

By Carina Lamont Copyright 2022
348 Pages
by Routledge

348 Pages
by Routledge

348 Pages
by Routledge

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... Read more

Section I: Introduction

1. Introduction

Section II: Setting the scene: A brief history, and international legal foundations of United Nations peace operations

2. A brief historical account of security, protection, and United Nations peace operations

3. International law and the legal foundations of peace operations

4. Applicability of international law to peace operations

Section III: Protection of civilians in contemporary context: Policy, guidelines, and mandates on protection

5. United Nations policy and guidance on protection

6. Security Council mandates to protect civilians

Section IV: An introduction to the law of protection under jus post bellum

7. International Human Rights Law under jus post bellum

8. International Humanitarian Law under jus post bellum

9. Identification and classification of armed conflicts

Section V: The protective nature and function of law: Towards a normative framework for effective, purposive and sustainable protection under jus post bellum

10. The protective nature and function of the law enforcement paradigm under International Human Rights Law

11. Protective nature and function of the paradigm of conduct of hostilities under International Humanitarian Law

Section VI: A protection regime jus post bellum: The law of occupation, the law of non-international armed conflicts and an emergency law regime under jus post bellum

12. Protection in the law of occupation

13. Protection in non-international armed conflicts

14. An emergency law regime under jus post bellum- a missing link to peace?

15. Identifying a dividing line between conduct of hostilities and law enforcement under jus post bellum

Section VII: Conclusion— a normative framework for protection under jus post bellum

16. A normative framework for effective, purposive and sustainable protection of civilians jus post bellum

Biography

Carina Lamont is as a lecturer and Director of Studies at the Swedish Defence University. She has more than 30 years’ experience in the security and peace and conflict fields, both as an academic and as a practitioner at field, operational and strategic levels of conflict and post-conflict management.