ABSTRACT

Jus post bellum presumes that post-conflict peace-making must be accompanied by peacebuilding addressing the long-term conditions associated with a lasting peace, which can include both structural changes as well as attitudinal changes. As much of a challenge as the new warfare poses for jus ad bellum and jus in bello rules, the contemporary landscape presents even more obstacles for the application of jus post bellum principles. Peter Bergen captured the challenge facing the United States: Afghanistan was supposed to be the model: a quick war and a thorough renovation of the country's infrastructure and political system. Some called the Libyan humanitarian intervention a textbook application of R2P principles. Libya's criminal justice system, barely functioning, did not inspire confidence in its verdicts. The National Transitional Council gave way in August 2012 to an elected General National Congress (GNC), which was supposed to form a Constituent Assembly that would draft a new constitution.