Ius post bellum, positive peace and democratic memory

A theoretical framework for memory policies in Spain

Abstract

The academic reflection about peacebuilding and peacekeeping connects with theories such as the ius post bellum, which is a normative framework that connects with transitional justice and democratic memory. This paper proposes an encounter between these approaches. We analyze the extension of each concept, the points of intersection and differences. Finally, we move towards an incipient synthesis, as a contribution to the debate about the principles underlying the public policies of memory, peace, and human rights, in the context of implementation of the democratic memory law in Spain. For that purpose, this paper proposes to link three areas of study: the ius post bellum, the –transitional and transformative– justice and democratic memory. All this, in application perspective to manage the context of post-conflict situations and transition processes towards democratic systems after dictatorship scenarios, taking into account the Spanish case. In essence, the core of the article supports the utility of the ius post bellum theory –in a transformative and not merely restorative reading– for the normative foundation of public policies of democratic memory.