ABSTRACT
So far in this book, we have considered the ad bellum and in bello parts of war. In this chapter, we will look at some of the issues covered by jus post bellum: justice after war. The first part of the chapter considers Alex Bellamy’s distinction between minimalist and maximalist approaches to post bellum obligations. We will also outline Brian Orend’s maximalist principles of jus post bellum, paying particular attention to the idea of reconstruction as part of a just peace. The second part of the chapter will focus on issues surrounding the prosecution of war crimes. We will consider the superior orders defence of war crimes, the role of duress in excusing war crimes and the principle of command responsibility. We will also look at how non-judicial truth commissions have been used to facilitate reconciliation in the aftermath of conflict.
