Jus Post Bellum na teoria da guerra justa: a relevância da sua delimitação e os seus desafios

Abstract

War, an intrinsic phenomenon in human history, has caused deep political, social, and legal transformations over the centuries. In light of the atrocities caused by armed conflicts, there was a need to develop ethical and normative parameters capable of limiting the use of force and promoting lasting peace. In this context, the Just War Theory (JWT) was consolidated, seeking to legitimize or condemn the use of war based on moral and legal grounds. However, even when a war is waged for reasons considered legitimate and conducted in accordance with International Humanitarian Law, the post-war challenge remains: how to ensure a just and stable peace? This paper investigates whether the contemporary international legal system has sufficient instruments for the effective implementation of jus post bellum, analyzing the relevance of this concept for strengthening legitimate peace and international stability through the evolution of JWT. Therefore, a qualitative and explanatory methodology is adopted, based on bibliographic and documentary research, supported by classic and current works, international conventions, UN resolutions, and documents on human rights and transitional justice. The results show that, although there is still a lack of normative systematization of jus post bellum, there have been significant advances in the field of international law and humanitarian law, demonstrating its progressive incorporation. Thus, its consolidation is essential for the effectiveness of lasting peace and for the strengthening of an international order based on justice, democracy, and respect for human rights.