International Humanitarian Law and Human Rights Law in Peace Operations as Parts of a Variable Ius Post Bellum

This contribution addresses the application of international humanitarian law (IHL) and human rights law (IHRL) in peace operations and the relevance of this issue to the ius post bellum. In order to do so, it is necessary to first inquire briefly into what the ius post bellum is or may be. The concept has received increased attention in legal scholarship in recent years and much can be said and has been written about it. It is not the aim of this contribution to extensively dwell on this. Rather, in the first section, I will attempt to highlight the challenges in defining the scope of application of a ius post bellum as a legal concept, in particular in the framework of its relationship with other areas of international law. In the second section, I will analyse the question of the applicability of IHL and IHRL in peace operations, and more specifically those aspects thereof that are relevant to the ius post bellum. This will lead to some reflections and conclusions in the final section.

Publication year:2011

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