Takes an in-depth look into the war victim's right to reparation from the seventeenth century until the present day.

This collection of essays explores the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes.

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la

"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--