Bridging the Divide Between Armistice and Peace Treaty: Using Just War Theory to End the Korean War

Abstract

In international law, an armistice agreement provides for a cessation of hostilities in order for the combatants to pursue a permanent peace, usually via a peace treaty. This process remains incomplete for the two Koreas. This article focuses on bridging the divide between the current armistice agreement and a future peace treaty by utilizing just war theory. Specifically, a prong of just war theory that has more recently emerged, jus post bellum (justice after war), provides a beneficial lens by which to achieve a better peace by focusing on both addressing past issues as well as accounting for prospective opportunities for future engagement. This paper argues that a peace treaty influenced by elements of jus post bellum informs the framework necessary for meaningful rapprochement on the Korean Peninsula and a much needed denouement to the Korean War.