Dona nobis pacem: Occupied before jus post bellum?

Dona nobis pacem: Occupied before jus post bellum?

Bibliographic Details
Main Author: Klein, Albert W., Jr.
Language:English
Published: University of Cincinnati / OhioLINK 2019
Subjects:
International Relations
Belligerent Occupation
Jus post bellum
return of sovereignty
whole of government
The Hague Conventions
Geneva Conventions
Online Access:http://rave.ohiolink.edu/etdc/view?acc_num=ucin1573569456466366
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spelling ndltd-OhioLink-oai-etd.ohiolink.edu-ucin15735694564663662021-08-03T07:13:15Z Dona nobis pacem: Occupied before jus post bellum? Klein, Albert W., Jr. International Relations Belligerent Occupation Jus post bellum return of sovereignty whole of government The Hague Conventions Geneva Conventions Abstract: Returning sovereignty to a vanquished county after a state on state war can be accomplished by a belligerent occupation and jus post bellum phases. The concept of belligerent occupation was developed by the French to take the place of conquest after a state on state war. Belligerent occupation seeks to return the sovereignty back to the vanquished rather than retaining control over that defeated people and territory. In the last quarter millennium, the diplomats, the militaries and the courts have established the concept of belligerent occupation but with varying success due to a lack of planning for this end. With the careful and extensive planning for the Allied occupation after the Second World War success was attained albeit with great effort during the belligerent occupation. Comparing the occupations of Germany, Japan, and Iraq several additional planning indicators are advanced for the successful completion of a belligerent occupation. Indicators deal with the occupation plans and planning for implementation, how the victors are viewed, a functioning government in the vanquished country, the homogeneity of the vanquished population, the size of the country and population of the defeated state, the length of the war prior to occupation, and the anticipated length of the occupation. The extant treaty based occupation laws under The Hague and Geneva Conventions provide a sufficient legal basis for a successful belligerent occupation. These planning indicators supported by the treaty law can only be effective once there is sufficient control and security in the vanquished country to begin the state building process. The ideal belligerent occupation requires a military victory, a peace agreement, a commitment to reconstruction, and a promise to return their sovereignty to the vanquished. A final step to prepare the vanquished for a return of sovereignty is a jus post bellum phase addressing retribution, rebuilding, reparations, reconciliation, and proportionality. Impediments to the ideal belligerent occupation are considered along military and legal lines of analysis. A policy relevant proposal using the United States as the example is offered to focus on the planning details and assigning responsibility for the specific tasks. The call for a Post-Conflict Planning Cell with the concomitant coordination in a “whole of government” and “whole of nation” approach is proposed. 2019 English text University of Cincinnati / OhioLINK http://rave.ohiolink.edu/etdc/view?acc_num=ucin1573569456466366 http://rave.ohiolink.edu/etdc/view?acc_num=ucin1573569456466366 unrestricted This thesis or dissertation is protected by copyright: all rights reserved. It may not be copied or redistributed beyond the terms of applicable copyright laws.
collection NDLTD
language English
sources NDLTD
topic International Relations
Belligerent Occupation
Jus post bellum
return of sovereignty
whole of government
The Hague Conventions
Geneva Conventions
spellingShingle International Relations
Belligerent Occupation
Jus post bellum
return of sovereignty
whole of government
The Hague Conventions
Geneva Conventions
Klein, Albert W., Jr.
Dona nobis pacem: Occupied before jus post bellum?
author Klein, Albert W., Jr.
author_facet Klein, Albert W., Jr.
author_sort Klein, Albert W., Jr.
title Dona nobis pacem: Occupied before jus post bellum?
title_short Dona nobis pacem: Occupied before jus post bellum?
title_full Dona nobis pacem: Occupied before jus post bellum?
title_fullStr Dona nobis pacem: Occupied before jus post bellum?
title_full_unstemmed Dona nobis pacem: Occupied before jus post bellum?
title_sort dona nobis pacem: occupied before jus post bellum?
publisher University of Cincinnati / OhioLINK
publishDate 2019
url http://rave.ohiolink.edu/etdc/view?acc_num=ucin1573569456466366
work_keys_str_mv AT kleinalbertwjr donanobispacemoccupiedbeforejuspostbellum
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