Human Rights in the Peace Treaties

Contemporary international law is in a state of flux based on shifts within the geopolitical order. This chapter discusses the normative evolution of the concept of peace international law from peaceful coexistence to the current identification of a right to peace and discusses the interface with the Responsibility to Protect doctrine. It discusses a wide range of dilemmas presented by peace treaties, Jus Post Bellum, and the interface between the umbrella terms of Human Security, Security, and Peace. The chapter suggests that these normative iterations represent a watershed in human rights and international law as non-Western approaches to conflict prevention gain traction.

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The Contribution of the International Court of Justice to the Promotion and Protection of Human Rights

10.1093/oso/9780198816423.003.0011 ◽

2018 ◽

Author(s):

Dominika Švarc Pipan

Keyword(s):

Human Rights ◽

International Humanitarian Law ◽

Humanitarian Law ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

The Icj ◽

Protection Of Human Rights ◽

Individual Human ◽

Peace Treaties

Dominika Švarc explores the way in which the interstate International Court of Justice (ICJ) deals with individual human rights and international humanitarian law. She argues that ever since the Interpretation of Peace Treaties case in 1950, the ICJ has taken an increasingly strong role in recognizing, interpreting, and developing these two disciplines. The Court relies on the cooperation with regional human rights courts and global human rights treaty bodies.

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Roots and Branches

Just Peace After Conflict ◽

10.1093/oso/9780198823285.003.0002 ◽

2020 ◽

pp. 29-47

Author(s):

Brian Orend

Keyword(s):

Human Rights ◽

Immanuel Kant ◽

Short Term ◽

Jus Post Bellum ◽

German Philosopher ◽

Novel Concept ◽

Peace Treaties ◽

The Way ◽

Forward Looking

Jus post bellum is commonly considered a new and novel concept. But it does have a deeper historical pedigree; and this past is of relevance for its future, both as concept and as practice. This chapter argues that the most plausible contender for ‘inventor of jus post bellum’ in its unique, substantive, recognizable, and forward-looking form, is the German philosopher Immanuel Kant (1724–1804). The main aim of this chapter is not to defend such a purely historical claim. It is, rather, to show in detail all that Kant had to offer regarding the jus post bellum: how he develops it in both a short-term (procedural) sense and a long-term (substantive) sense, ranging from immediate ceasefires and public peace treaties all the way to the worldwide spread of a cosmopolitan federation devoted to peace and the realization of everyone’s human rights.

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