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Title

JUS POST BELLUM AND THE RESPONSIBILITY TO PROTECT VICTIMS OF ARMED CONFLICTS

Writers

ASKARY POURIA

Pages

 Start Page 957 | End Page 976

Abstract

 The theory of "Just War" belongs to ancient times that even precede the era of Jus Gentium. This theory had three distinct sections i.e. the Jus ad bellum, with main focus on State's right to wage to war; Jus in bello, which revolved around means and methods of warfare; and finally, Jus post bellum, which dealt with justice after war. In this article, the main argument is that the modern concept of the RESPONSIBILITY TO PROTECT is rooted in the theory of "Just War". As a result, all obligations raised from the mentioned theory must exist in this new concept to protect the war victims. The article discusses the three pillars of R2P and eventually argues that on the basis of R2P's Responsibility to Rebuild, in addition to the State and the party to conflict who violates the rules of jus in bello, the International community, also has a RESPONSIBILITY TO PROTECT the victims of war.

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