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" Dona Nobis Pacem: Occupied before Jus Post Bellum? "
Klein, Albert W., Jr.
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1053261
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| Doc. No
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TL52378
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| Main Entry
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Klein, Albert W., Jr.
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| Title & Author
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Dona Nobis Pacem: Occupied before Jus Post Bellum?\ Klein, Albert W., Jr.
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| College
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University of Cincinnati
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| Date
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2019
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| Degree
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Ph.D.
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| student score
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2019
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| Note
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454 p.
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| Abstract
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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.
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| Descriptor
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International relations
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University of Cincinnati
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