Law Of Belligerent Occupation

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 336 pages
File Size : 51,9 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 : Michael Siegrist
Publisher : Graduate Institute Publications
Page : 81 pages
File Size : 49,5 Mb
Release : 2011-04-15
Category : History
ISBN : 9782940415489

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The Functional Beginning of Belligerent Occupation by Michael Siegrist Pdf

Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)

Author : Judge Advocate General's School (United States. Army)
Publisher : Unknown
Page : 314 pages
File Size : 50,6 Mb
Release : 1944
Category : Military occupation
ISBN : IND:30000090157128

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Law of Belligerent Occupation by Judge Advocate General's School (United States. Army) Pdf

Author : Ernst Hermann Feilchenfeld
Publisher : Unknown
Page : 204 pages
File Size : 47,5 Mb
Release : 1971
Category : Law
ISBN : IND:32000004631208

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The International Economic Law of Belligerent Occupation by Ernst Hermann Feilchenfeld Pdf

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 55,6 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 : Orna Ben-Naftali,Michael Sfard,Hedi Viterbo
Publisher : Cambridge University Press
Page : 583 pages
File Size : 55,7 Mb
Release : 2018-05-10
Category : Law
ISBN : 9781107156524

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The ABC of the OPT by Orna Ben-Naftali,Michael Sfard,Hedi Viterbo Pdf

A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.

Author : Thilo Marauhn,Barry de Vries
Publisher : BRILL
Page : 700 pages
File Size : 48,5 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004380592

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Legal Restraints on the Use of Military Force by Thilo Marauhn,Barry de Vries Pdf

Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 54,5 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Author : Eyal Benvenisti
Publisher : Oxford University Press
Page : 410 pages
File Size : 44,7 Mb
Release : 2012-02-23
Category : History
ISBN : 9780199588893

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The International Law of Occupation by Eyal Benvenisti Pdf

Originally published: Princeton, N.J.: Princeton University Press, 1993.

Author : Gerhard Von Glahn
Publisher : Unknown
Page : 372 pages
File Size : 51,6 Mb
Release : 1957
Category : Military occupation
ISBN : UOM:39015057934732

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The Occupation of Enemy Territory by Gerhard Von Glahn Pdf

Author : Michael Siegrist
Publisher :
Page : 81 pages
File Size : 49,8 Mb
Release : 2011-04-15
Category : History
ISBN : 9782940415441

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The Functional Beginning of Belligerent Occupation by Michael Siegrist Pdf

Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)

Author : William H. Boothby,Wolff Heintschel von Heinegg
Publisher : Cambridge University Press
Page : 481 pages
File Size : 49,5 Mb
Release : 2018-03-29
Category : History
ISBN : 9781108427586

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The Law of War by William H. Boothby,Wolff Heintschel von Heinegg Pdf

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

Author : Alon Margalit
Publisher : BRILL
Page : 304 pages
File Size : 48,8 Mb
Release : 2018-07-19
Category : Law
ISBN : 9789004368217

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Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation by Alon Margalit Pdf

In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations

Author : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 40,9 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 : Eyal Benvenisti
Publisher : Princeton University Press
Page : 268 pages
File Size : 43,6 Mb
Release : 2004
Category : History
ISBN : 0691121303

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The International Law of Occupation by Eyal Benvenisti Pdf

Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by advocates of human rights and self- determination and tested by the numerous occupations of the last two decades--among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface the author addresses issues arising from the U.S. occupation of Iraq. Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, and of other states and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.