국제법상 전후법(Jus Post Bellum)에 관한 현대적 논의: 개념과 원칙을 중심으로

In traditional approach, it has been recognized that the law of armed conflict is composed with jus ad bellum and jus in bello rules. However, a number of international law scholars and ethical philosophers are discussing the third sub-system of law of armed conflict, so-called “jus post bellum”. Nevertheless, the notion of jus post bellum is not newly appeared one in historical sense, and it had been introduced by many famous just war theorists in 18 and early 19 centuries, including Emmerichde Vattel, and Immanuel Kant, but Jus post bellum was not supported or even disregarded even among modern jus war theorists till 21st century. However, now days jus post bellum is strongly required due to recent changes of practices in the international community, including the emergence of comprehensive peace-building operations managed by the UN or international cooperations, change of the paradigms and methods of armed conflict, and so forth. In this context, this article deals with the issues and the discourses in international law on jus post bellum in recent days. In particular, this article focuses upon the general issues on jus post bellum as lex ferenda, including the following questions. “What is the history of jus post bellum in the context of just war theories?” “Why is that scholars disregarded jus post bellum as one of sub-legal systems of law of armed conflict?” “Why is that various existing laws in international law, including international human rights law, international criminal law and international humanitarian law, and jus ad bellum and jus in bello may be appropriate norms to manage the post-conflict situation?” “What may be the definition of jus post bellum as a third category of law of armed conflict?” “What should be regarded as desirable principle of jus post bellum?” And “What are the risks of jus post bellum discourses in recent days?”