Abstract
War has three phases, the beginning (jus ad bellum), the middle (jus in bello), and the end (jus post bellum). This article discusses the mismanagement of post-conflict justice that is the end of war in achieving just peace which is the objective of jus post bellum. Jus post bellum is a problematic aspect of war in which the law regulating the transition of the state of war to the state of peace was not fully developed at the moment and in most cases it is heavily dependent on an ad hoc committee under the auspices of the United Nations. Cambodia is selected as the case study for this discussion in order to emphasize on the need for a systematic framework for jus post bellum in the international law. Due to the absence of a systematic framework for jus post bellum, just peace in Cambodia was not achieved. This discussion finds out that a systematic framework for post-conflict justice is imminent but without major reforms in certain areas it will be unachievable. These major reforms include, revamping and reducing the veto power of the Security-Council, empowering the Secretary-General and the General Assembly, reforming the International Court of Justice, and empowering more NGOs.
Highlights
The first Indo-China War (1946-1954) was a war of independence, a war in which Cambodia fought against France for deliverance of its status as a protectorate (Cable, 1986)
This is where the start of several complicated events starting from civil wars within the state and alongside the borders of Vietnam and Cambodia to genocide that triggers the attention of the UN due to its gross violation of human rights
Given the dimension of the crimes committed by the Khmer Rouge during the Pol Pot regime, the fact that the Cambodia is a party to the Genocide Convention and the degree of international involvement in the comprehensive state building process would lead to the assumption that the Paris Agreement or – at any rate – the Cambodian institution would address the issue of post-conflict justice (Marks, 1994)
Summary
The first Indo-China War (1946-1954) was a war of independence, a war in which Cambodia fought against France for deliverance of its status as a protectorate (Cable, 1986). The Un and the Peace Process The first international reaction to the Cambodian conflict was in 1978, when the UN considered Cambodia’s human rights situation during the period of the Khmer Rouge regime for the first time (Keller, 2005).
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