Occupation In International Law

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The International Law of Belligerent Occupation

Yoram Dinstein
The International Law of Belligerent Occupation Book PDF

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 336 pages
File Size : 54,8 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.

The International Law of Occupation

Eyal Benvenisti
The International Law of Occupation Book PDF

Author : Eyal Benvenisti
Publisher : Oxford University Press
Page : 410 pages
File Size : 45,9 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.

The Law of Occupation

Yutaka Arai
The Law of Occupation Book PDF

Author : Yutaka Arai
Publisher : BRILL
Page : 801 pages
File Size : 41,9 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.

Occupation in International Law

Eliav Lieblich,Eyal Benvenisti
Occupation in International Law Book PDF

Author : Eliav Lieblich,Eyal Benvenisti
Publisher : Oxford University Press
Page : 273 pages
File Size : 52,5 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.

The International Law of Occupation

Eyal Benvenisti
The International Law of Occupation Book PDF

Author : Eyal Benvenisti
Publisher : OUP Oxford
Page : 416 pages
File Size : 47,6 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.

Occupation and Control in International Humanitarian Law

Natia Kalandarishvili-Mueller
Occupation and Control in International Humanitarian Law Book PDF

Author : Natia Kalandarishvili-Mueller
Publisher : Routledge
Page : 206 pages
File Size : 50,9 Mb
Release : 2020-07-28
Category : Law
ISBN : 9781000098471

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Occupation and Control in International Humanitarian Law by Natia Kalandarishvili-Mueller Pdf

This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various international humanitarian law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine. The book will be a valuable resource for academics, researchers and practitioners working in the fields of international humanitarian law, international public law, and security studies

The Transformation of Occupied Territory in International Law

Andrea Carcano
The Transformation of Occupied Territory in International Law Book PDF

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 54,9 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.

The Use of Armed Force in Occupied Territory

Marco Longobardo
The Use of Armed Force in Occupied Territory Book PDF

Author : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 53,9 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.

Revisiting the Law of Occupation

Hanne Cuyckens
Revisiting the Law of Occupation Book PDF

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 45,5 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.

Sharing Transboundary Resources

Eyal Benvenisti
Sharing Transboundary Resources Book PDF

Author : Eyal Benvenisti
Publisher : Cambridge University Press
Page : 308 pages
File Size : 53,5 Mb
Release : 2002-04-04
Category : Law
ISBN : 0521640989

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Sharing Transboundary Resources by Eyal Benvenisti Pdf

Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.

The Functional Beginning of Belligerent Occupation

Michael Siegrist
The Functional Beginning of Belligerent Occupation Book PDF

Author : Michael Siegrist
Publisher : Graduate Institute Publications
Page : 81 pages
File Size : 41,8 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)

Internationalized Armed Conflicts in International Law

Kubo Macak
Internationalized Armed Conflicts in International Law Book PDF

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 50,8 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.

Customary International Humanitarian Law

Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Customary International Humanitarian Law Book PDF

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 45,8 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Legal Restraints on the Use of Military Force

Thilo Marauhn,Barry de Vries
Legal Restraints on the Use of Military Force Book PDF

Author : Thilo Marauhn,Barry de Vries
Publisher : BRILL
Page : 700 pages
File Size : 42,6 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.

The Oxford Guide to International Humanitarian Law

Ben Saul,Dapo Akande
The Oxford Guide to International Humanitarian Law Book PDF

Author : Ben Saul,Dapo Akande
Publisher : Oxford University Press
Page : 481 pages
File Size : 46,7 Mb
Release : 2020-05-07
Category : Law
ISBN : 9780192597496

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The Oxford Guide to International Humanitarian Law by Ben Saul,Dapo Akande Pdf

International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.