The Functional Beginning Of Belligerent Occupation

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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 : 48,8 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)

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 : 51,9 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)

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 : 42,7 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.

Revisiting the Law of Occupation

Hanne Cuyckens
Revisiting the Law of Occupation Book PDF

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 48,8 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.

The 1949 Geneva Conventions

Andrew Clapham,Paola Gaeta,Marco Sassòli
The 1949 Geneva Conventions Book PDF

Author : Andrew Clapham,Paola Gaeta,Marco Sassòli
Publisher : Oxford University Press
Page : 1400 pages
File Size : 49,7 Mb
Release : 2015-10-15
Category : Law
ISBN : 9780191003523

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The 1949 Geneva Conventions by Andrew Clapham,Paola Gaeta,Marco Sassòli Pdf

The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

The Drama of Humanitarian Intervention

Natalie Joy Marrer
The Drama of Humanitarian Intervention Book PDF

Author : Natalie Joy Marrer
Publisher : Graduate Institute Publications
Page : 62 pages
File Size : 55,6 Mb
Release : 2020-08-28
Category : Law
ISBN : 9782940600199

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The Drama of Humanitarian Intervention by Natalie Joy Marrer Pdf

This ePaper approaches looks at the contentious debate surrounding humanitarian intervention through a critical, narratological lens. By questioning the roles cast and identities constituted, in what can could be compared to a theatrical drama, the focus is on given to the unreliable narration by of the most powerful characters on the international stage –, from the US to the UN –, and its impact on the political and legal stances taken in various contexts. On a meta-level, it examines the conditions which that enable this unreliable narration, by pointing to the out a problematic flexibility owing to the flowing from paradoxes and conflation nestled entrenched in human rights rhetoric; and what some deem call a budding ‘humanity’s law’. Attention is meant to be drawn to the power of mental imagery conjured up by intervention narratives, based on the story of saving innocents, as embodiments of humanity. The goal is to foster self-reflection among of the readers of working in humanitarian intervention, within the epistemic community of international lawyers, and beyond. We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master’s dissertations.

The Writing on the Wall

Aeyal Gross
The Writing on the Wall Book PDF

Author : Aeyal Gross
Publisher : Cambridge University Press
Page : 461 pages
File Size : 45,8 Mb
Release : 2017-04-06
Category : History
ISBN : 9781107145962

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The Writing on the Wall by Aeyal Gross Pdf

A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.

Searching for a 'Principle of Humanity' in International Humanitarian Law

Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen
Searching for a Principle of Humanity in International Humanitarian Law Book PDF

Author : Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen
Publisher : Cambridge University Press
Page : 379 pages
File Size : 45,8 Mb
Release : 2013
Category : Law
ISBN : 9781107021846

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Searching for a 'Principle of Humanity' in International Humanitarian Law by Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen Pdf

This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.

The Law of Occupation

Yutaka Arai
The Law of Occupation Book PDF

Author : Yutaka Arai
Publisher : BRILL
Page : 801 pages
File Size : 42,6 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.

The Law of International Humanitarian Relief in Non-International Armed Conflicts

Matthias Vanhullebusch
The Law of International Humanitarian Relief in Non International Armed Conflicts Book PDF

Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 489 pages
File Size : 41,7 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004469808

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The Law of International Humanitarian Relief in Non-International Armed Conflicts by Matthias Vanhullebusch Pdf

This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.

Targeted Killing in International Law

Nils Melzer
Targeted Killing in International Law Book PDF

Author : Nils Melzer
Publisher : Oxford University Press on Demand
Page : 523 pages
File Size : 46,8 Mb
Release : 2008-05-29
Category : Law
ISBN : 9780199533169

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Targeted Killing in International Law by Nils Melzer Pdf

This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

The Right to Life in Armed Conflict

Ian Park,Ian David Park
The Right to Life in Armed Conflict Book PDF

Author : Ian Park,Ian David Park
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,6 Mb
Release : 2018
Category : Law
ISBN : 9780198821380

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The Right to Life in Armed Conflict by Ian Park,Ian David Park Pdf

What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.

Theoretical Boundaries of Armed Conflict and Human Rights

Jens David Ohlin
Theoretical Boundaries of Armed Conflict and Human Rights Book PDF

Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 417 pages
File Size : 41,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137936

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Theoretical Boundaries of Armed Conflict and Human Rights by Jens David Ohlin Pdf

A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

Claire Mitchell
Aut Dedere aut Judicare The Extradite or Prosecute Clause in International Law Book PDF

Author : Claire Mitchell
Publisher : Graduate Institute Publications
Page : 157 pages
File Size : 41,8 Mb
Release : 2011-03-31
Category : Law
ISBN : 9782940415045

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Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law by Claire Mitchell Pdf

The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.

Exporting Legality

Mariya Tait Slys
Exporting Legality Book PDF

Author : Mariya Tait Slys
Publisher :
Page : 125 pages
File Size : 50,5 Mb
Release : 2014-02-10
Category : Political Science
ISBN : 9782940503421

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Exporting Legality by Mariya Tait Slys Pdf

How did two radically different legal cultures, those of the Ottomans and the Chinese, gradually acquire a legal architecture analogous to that of Europe? This Paper attempts to answer this question by providing a comparative study in legal history of the rise and demise of extraterritorial consular jurisdiction, utilizing a post-colonial and inter-disciplinary approach to international law. The study reveals that the establishment of consular jurisdiction during the nineteenth century was closely linked to the process of legal ‘modernization’ that affected many Asian and Arab societies. As such, this study contributes to the explanation of the gradual convergence of many non-Western traditional legal cultures with typically continental legal structures. This ePaper provides an in-depth analysis of the origin, further development and termination of this controversial institution of public international law as applied to the Ottoman Empire and China. Mariano Garcia Rubio Prize 2013 in International Law.