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: 6527

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 International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 9204

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

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: 4427

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

Traditions of War:Occupation, Resistance, and the Law

Occupation, Resistance, and the Law

Author: Karma Nabulsi

Publisher: OUP Oxford

ISBN: 0199279470

Category: Technology & Engineering

Page: 308

View: 2745

Traditions of War examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules which sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that these differences lay at theheart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and drawing on a plurality of intellectual disciplines, this book places thesediplomatic failures in their broader social and political contexts, bringing out ideological continuities through an illustration of the social history of army occupation in Europe and resistance to it.
Posted in Technology & Engineering

The Occupation of Enemy Territory

A Commentary on the Law and Practice of Belligerent Occupation

Author: Gerhard Von Glahn

Publisher: N.A

ISBN: 9780816660278

Category: Political Science

Page: 360

View: 2830

The Occupation of Enemy Territory was first published in 1957. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This volume makes available the most comprehensive discussion and analysis of the law and practice of belligerent occupation which has been published since the first World War. Professor von Glahn, a political scientist, synthesizes the generally accepted principles and practices of military occupation, points out weaknesses of the existing body of rules, and examines proposals designed to bring into existence a more effective system of law to govern the administration of occupied enemy territory. Specialists in international law, military and governmental authorities, and political scientists will find this book valuable for both reference and teaching. A brief historical background section traces the development of the law of occupation. The major portion of the book presents a topical analysis of occupation practices during both World Wars. Among the subjects discussed are many which have been neglected in previous works on military occupation, including the status of collective farms, currency and banking controls, price levels, rationing, and guerrilla forces. Separate sections are devoted to the controversy concerning the legal status of Germany from 1945 until the establishment of the Bonn government and to war crimes trials, both national and international. A significant feature is the text and analysis of the provisions of the fourth Geneva Convention of 1949, which was ratified by the United State in 1956 and which will impose many new responsibilities and restrictions on the armed forces of this country in the event of future military occupations. Illustrative materials are provided in appendixes, and there is a bibliography of approximately 700 items.
Posted in Political Science

The International Law of Belligerent Occupation

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 0521896371

Category: Law

Page: 303

View: 5343

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

Humanizing the Laws of War

Selected Writings of Richard Baxter

Author: Richard Baxter

Publisher: OUP Oxford

ISBN: 0191669644

Category: Law

Page: 400

View: 7784

This book celebrates the scholarship of Richard Baxter, former Judge of the International Court of Justice and former Professor of International Law at Harvard Law School. The volume brings together Professor Baxter's writings on the laws of war, on which he was one of the most influential scholars of the twentieth century. The collection of essays contained in this book once again makes his exceptional writings available to scholars and students in the field. His work remains timely and relevant to today's issues, and offers many analyses which have been borne out in subsequent years. It includes, amongst many wide-ranging topics within the laws of war, Baxter's studies of the Geneva Conventions, human rights in times of war, and the legal problems of international military command. Featuring a new introduction by Professor Detlev Vagts exploring the importance of Baxter's writings, and a Biographical Note by Judge Stephen Schwebel assessing Baxter's life, this book is essential reading for scholars and students of international humanitarian law.
Posted in Law

Axis Rule in Occupied Europe

Author: Raphael Lemkin

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584779012

Category: History

Page: 674

View: 3191

Posted in History

Facets and Practices of State-Building

Author: Julia Raue,Patrick Sutter (lic. iur.)

Publisher: Martinus Nijhoff Publishers

ISBN: 9004174036

Category: Law

Page: 340

View: 6155

Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.
Posted in Law

Israel Yearbook on Human Rights 1978

Author: Yoram Dinstein

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792303589

Category: Political Science

Page: 360

View: 1087

Posted in Political Science

The Law and Practice of International Territorial Administration

Versailles to Iraq and Beyond

Author: Carsten Stahn

Publisher: Cambridge University Press

ISBN: 0521878004

Category: Law

Page: 828

View: 9592

Dr Carsten Stahn traces the historical background, practice and legal challenges of international territorial administration.
Posted in Law

Eighteenth-Century Fiction and the Law of Property

Author: Wolfram Schmidgen

Publisher: Cambridge University Press

ISBN: 9781139434829

Category: Literary Criticism

Page: N.A

View: 4999

In Eighteenth-Century Fiction and the Law of Property, Wolfram Schmidgen draws on legal and economic writings to analyse the description of houses, landscapes, and commodities in eighteenth-century fiction. His study argues that such descriptions are important to the British imagination of community. By making visible what it means to own something, they illuminate how competing concepts of property define the boundaries of the individual, of social community, and of political systems. In this way, Schmidgen recovers description as a major feature of eighteenth-century prose, and he makes his case across a wide range of authors, including Daniel Defoe, Henry Fielding, William Blackstone, Adam Smith, and Ann Radcliffe. The book's most incisive theoretical contribution lies in its careful insistence on the unity of the human and the material: in Schmidgen's argument, persons and things are inescapably entangled. This approach produces fresh insights into the relationship between law, literature, and economics.
Posted in Literary Criticism

Yearbook of International Humanitarian Law - 2003

Author: Timothy McCormack

Publisher: Cambridge University Press

ISBN: 9789067042031

Category: Law

Page: 874

View: 2919

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Posted in Law

The Law of Armed Conflict

International Humanitarian Law in War

Author: Gary D. Solis

Publisher: Cambridge University Press

ISBN: 1139487116

Category: Law

Page: N.A

View: 8800

The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
Posted in Law