Dona nobis pacem: Occupied before jus post bellum?

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.establishing "The Geneva Conventions of August 12, 1949" 19 commonly referred to as "the Geneva Conventions."There are four of these conventions dealing, respectively, with "wounded and sick", "wounded, sick, and shipwrecked", "prisoners of war", and "protection of civilians in time of war."Our interest is in the fourth of this series of treaties entitled "Geneva Conventions Relative to the Protection of Civilian Persons in Time of War of August 12, 1949."20 Reiteration of the protections afforded to civilians was deemed necessary due to the blatant disregard of these protections during the war."The Second World War remains a conflict distinguished by violence on an unprecedented scale.And not only extreme violence by one combatant against another; much of it was directed against civilians, who had not paid such a heavy price for mankind's warmongering since the Thirty Years' War." 21 The Geneva Conventions augment The Hague Conventions; so combined these establish the legal basis for belligerent occupation.My fifth chapter will address the Just War Theory and the evolving concept of jus post bellum as this may be viewed as the second step following the belligerent occupation that connects the Laws of War to the Laws of Peace to return sovereignty to the vanquished.See Figure Introduction-3 below.The concept of "just war" traces its lineage to the classical Greco-Roman 19 International Committee of the Red Cross, Geneva Conventions of August 12, 1949, [online] Available at: Preliminary Remarks tp://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions(accessed 12 November 2017).20 International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75

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