The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 1173

Originally published: Princeton, N.J.: Princeton University Press, 1993.
Posted in History

The International Law of Belligerent Occupation

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 0521896371

Category: Law

Page: 303

View: 2087

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.
Posted in Law

The Writing on the Wall

Rethinking the International Law of Occupation

Author: Aeyal Gross

Publisher: Cambridge University Press

ISBN: 1108158374

Category: Law

Page: N.A

View: 563

As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.
Posted in Law

The Law of Occupation

Continuity and Change of International Humanitarian Law, and Its Interaction With International Human Rights Law

Author: Yutaka Arai

Publisher: BRILL

ISBN: 9004162461

Category: Law

Page: 758

View: 7631

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.
Posted in Law

The Transformation of Occupied Territory in International Law

Author: Andrea Carcano

Publisher: BRILL

ISBN: 9004227881

Category: Law

Page: 570

View: 6404

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.
Posted in Law

The Use of Armed Force in Occupied Territory

Author: Marco Longobardo

Publisher: Cambridge University Press

ISBN: 1108684904

Category: Law

Page: N.A

View: 2480

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
Posted in Law

The Occupation of Justice

The Supreme Court of Israel and the Occupied Territories

Author: David Kretzmer

Publisher: SUNY Press

ISBN: 9780791453377

Category: History

Page: 262

View: 8160

A critical examination of the decisions of the Supreme Court of Israel in cases relating to the Occupied Territories.
Posted in History

An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb,Richard Hyde

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 348

View: 3208

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (IHL), the law of armed conflict. It is constructed in a way that is suitable for self-study. Subject matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subjects discussed are, inter alia: the relationship between jus ad bellum / jus in bello â?¢ the historical evolution of IHL â?¢ the basic principles and sources of IHL â?¢ Martens Clause â?¢ international and non-international armed conflicts â?¢ material, spatial, personal, and temporal scope of the application of IHL â?¢ special agreements under IHL â?¢ the role of the International Committee of the Red Cross â?¢ targeting â?¢ objects specifically protected against attack â?¢ prohibited weapons â?¢ perfidy â?¢ reprisals â?¢ assistance of the wounded and sick â?¢ the definition of combatants â?¢ protection of prisoners of war â?¢ protection of civilians â?¢ occupied territories â?¢ protective emblems â?¢ sea warfare â?¢ neutrality â?¢ the implementation of IHL.
Posted in Law

International Law and Armed Conflict

Fundamental Principles and Contemporary Challenges in the Law of War

Author: Laurie R. Blank,Gregory P. Noone

Publisher: Aspen Publishers

ISBN: 1454881356

Category: Law

Page: 832

View: 5310

Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
Posted in Law

Sharing Transboundary Resources

International Law and Optimal Resource Use

Author: Eyal Benvenisti

Publisher: Cambridge University Press

ISBN: 9780521640985

Category: Law

Page: 276

View: 553

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.
Posted in Law

Humanitarian Occupation

Author: Gregory H . Fox

Publisher: Cambridge University Press

ISBN: 1139469738

Category: Political Science

Page: N.A

View: 6560

This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.
Posted in Political Science

Beyond Occupation

Apartheid, Colonialism and International Law in the Occupied Palestinian Territories

Author: Virginia Tilley

Publisher: Pluto Press

ISBN: 9780745332369

Category: Political Science

Page: 416

View: 4472

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.
Posted in Political Science

International Law and the Administration of Occupied Territories

Two Decades of Israeli Occupation of the West Bank and Gaza Strip

Author: Emma Playfair

Publisher: Oxford University Press

ISBN: 0198252978

Category: Social Science

Page: 534

View: 7437

Many internationally-renowned experts on international law explore the legal problems arising out of the occupation, by Israel, of the area of Palestine known as the `West Bank'.
Posted in Social Science

Internationalized Armed Conflicts in International Law

Author: Kubo Macak

Publisher: Oxford University Press

ISBN: 0192551795

Category: Law

Page: 304

View: 756

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.
Posted in Law

The Role of National Courts in Applying International Humanitarian Law

Author: Sharon Weill

Publisher: Oxford University Press

ISBN: 0199685428

Category: Law

Page: 221

View: 1741

Greening the Media rethinks media technologies from an ecological perspective, developing a new approach to historical and social analysis of information and communication technology.
Posted in Law

Axis Rule in Occupied Europe

Author: Raphael Lemkin

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584779012

Category: History

Page: 674

View: 8692

Posted in History

The International Economic Law of Belligerent Occupation

Author: Ernst Hermann Feilchenfeld

Publisher: William s Hein & Company

ISBN: 9781575885636

Category: Law

Page: 181

View: 361

The author presents a practical treatise on the law of belligerent occupation. There is hardly a jucicial or arbitral decision on the subject which the author has not woven into his exposition. At the same time, he has drawn, with industry & discrimination, upon the available literature.
Posted in Law

International Law and the Construction of the Liberal Peace

Author: Russell Buchan

Publisher: A&C Black

ISBN: 1782251774

Category: Law

Page: 258

View: 8372

This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.
Posted in Law

Routledge Handbook of the Law of Armed Conflict

Author: Rain Liivoja,Tim McCormack

Publisher: Routledge

ISBN: 1136028889

Category: Law

Page: 721

View: 401

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
Posted in Law