International Law And The Administration Of Occupied Territories

Author : Eyal Benvenisti
Publisher : OUP Oxford
Page : 416 pages
File Size : 50,8 Mb
Release : 2012-02-23
Category : Law
ISBN : 9780191639579

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The International Law of Occupation by Eyal Benvenisti Pdf

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Author : Emma Playfair
Publisher : Unknown
Page : 450 pages
File Size : 43,8 Mb
Release : 1992
Category : Gaza Strip
ISBN : 0198252978

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International Law and the Administration of Occupied Territories by Emma Playfair Pdf

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 49,9 Mb
Release : 2015-08-14
Category : Law
ISBN : 9789004227880

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The Transformation of Occupied Territory in International Law by Andrea Carcano Pdf

Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Author : Eliav Lieblich,Eyal Benvenisti
Publisher : Oxford University Press
Page : 273 pages
File Size : 48,7 Mb
Release : 2022-11-21
Category : Law
ISBN : 9780192605214

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Occupation in International Law by Eliav Lieblich,Eyal Benvenisti Pdf

The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

Author : Eyal Benvenisti
Publisher : Routledge
Page : 105 pages
File Size : 54,6 Mb
Release : 2019-03-04
Category : Political Science
ISBN : 9780429714474

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Legal Dualism by Eyal Benvenisti Pdf

This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.

Author : Yutaka Arai
Publisher : BRILL
Page : 801 pages
File Size : 41,8 Mb
Release : 2009
Category : Law
ISBN : 9789004162464

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The Law of Occupation by Yutaka Arai Pdf

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 42,8 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004353978

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Revisiting the Law of Occupation by Hanne Cuyckens Pdf

In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.

Author : Nada Kiswanson,Susan Power
Publisher : International Humanitarian Law
Page : 0 pages
File Size : 51,9 Mb
Release : 2023-02-23
Category : Law
ISBN : 9004503927

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Prolonged Occupation and International Law: Israel and Palestine by Nada Kiswanson,Susan Power Pdf

This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability.

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 336 pages
File Size : 54,6 Mb
Release : 2009-02-19
Category : History
ISBN : 9780521896375

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The International Law of Belligerent Occupation by Yoram Dinstein Pdf

The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.

Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press
Page : 352 pages
File Size : 48,7 Mb
Release : 2021-01-22
Category : Law
ISBN : 9780190696030

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The Occupation of Justice by David Kretzmer,Yaël Ronen Pdf

Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories. The Occupation of Justice presents a comprehensive discussion of the Court's decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in a territory in which the inhabitants are not part of the political community the Court belongs to. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government's policies. The study shows that while the Court's review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.

Author : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 51,7 Mb
Release : 2018-10-18
Category : History
ISBN : 9781108473415

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The Use of Armed Force in Occupied Territory by Marco Longobardo Pdf

Explores the use of armed force in occupied territory under different international law branches.

Author : Virginia Tilley
Publisher : Pluto Press
Page : 0 pages
File Size : 55,8 Mb
Release : 2012-09-15
Category : Political Science
ISBN : 0745332366

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Beyond Occupation by Virginia Tilley Pdf

Beyond Occupation looks at three contentious terms that regularly arise in contemporary arguments about Israel's practices towards Palestinians in the occupied territories – occupation, colonialism and apartheid – and considers whether their meanings in international law truly apply to Israel's policies. This analysis is timely and urgent – colonialism and apartheid are serious breaches of human rights law and apartheid is a crime against humanity under the Rome Statute of the International Criminal Court. The contributors present conclusive evidence that Israel's administration of the Palestinian territories is consistent with colonialism and apartheid, as these regimes are defined in human rights law. Their analysis further shows that these practices are deliberate Israeli state policies, imposed on the Palestinian civilian population under military occupation. These findings raise serious implications for the legality and legitimacy of Israel's continuing occupation of the Palestinian territories and the responsibility of the entire international community to challenge practices considered contrary to fundamental values of the international legal order.

Author : Francis Anthony Boyle
Publisher : Clarity Press, Incorporated
Page : 210 pages
File Size : 41,9 Mb
Release : 2003
Category : Art
ISBN : UOM:39015056673430

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Palestine, Palestinians, and International Law by Francis Anthony Boyle Pdf

A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq.

Author : Henry Cattan
Publisher : Longman Publishing Group
Page : 392 pages
File Size : 51,6 Mb
Release : 1976
Category : History
ISBN : UOM:39015004191709

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Palestine and International Law by Henry Cattan Pdf

Author : Susan M. Akram,Michael Dumper,Michael Lynk,Iain Scobbie
Publisher : Routledge
Page : 342 pages
File Size : 53,7 Mb
Release : 2010-12-23
Category : History
ISBN : 9781136850974

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International Law and the Israeli-Palestinian Conflict by Susan M. Akram,Michael Dumper,Michael Lynk,Iain Scobbie Pdf

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.