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Title:	The missing link of just war theory in international law: rethinking just peace in jus post bellum
Authors:	Farhatul Mustamirrah Mahamad Aziz (P69942)
Supervisor:	Mohd Rizal Yaakob, Assoc Prof. Dr.
Keywords:	Just war doctrine Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	8-Jan-2017
Description:	War has only been discussed in terms of before it happens, the jus ad bellum, and during the process of war, the jus in bello. Meanwhile, war has three phases, the beginning, the middle, and the end. The overwhelming attention given to jus ad bellum and jus in bello and neglecting jus post bellum is problematic in achieving just peace. The assumption of this study states that the main principles of just war theory, jus ad bellum and jus in bello, has failed to guide and limit the occurrences of war through its application by the international law thus failed in achieving just peace. The element of just peace in jus post bellum has been recognized as the gap in post-conflict reconstruction and peacebuilding in order to avoid a relapse into another cycle of violence. However, there is no systematic framework for jus post bellum in the international law. This study examines the missing link of just war theory that is jus post bellum or justice after the war in order to achieve just peace. This study seeks to find factors why just post bellum was left out in the discussion of just war theory so that just peace can be understood. The qualitative methodology used in this study is library research by focusing on the traces of jus post bellum in the classical discussion of just war theory. Interview is used as means of verification in order to achieve the requirement of validity and reliability targeting on varying respondents from scholars, experts and NGOs that are relevant to this study. Cambodia is selected as a reference to confirm and achieve the objectives of the study. The most significant finding upon the case of Cambodia is that the law of jus post bellum is needed in order to achieve just peace. 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.,Ph.D.
Pages:	231
Call Number:	U22.F337 2017 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Social Sciences and Humanities / Fakulti Sains Sosial dan Kemanusiaan

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