The International Law of Occupation

Hardcover | March 2, 2012

byEyal Benvenisti

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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 isexpected 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 mostoccupants, 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 textsand 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 ofpower 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.

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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 isexpected to establish an effective and impa...

Eyal Benvenisti is the Anny and Paul Yanowicz Professor of Human Rights at Tel Aviv University Faculty of Law. He was previously Hersch Lauterpacht Professor of International Law at the Hebrew University of Jerusalem Faculty of Law. He was formerly Director of the Cegla Center for Interdisciplinary Research of the Law (2002-2005) and ...

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Format:HardcoverDimensions:408 pagesPublished:March 2, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199588899

ISBN - 13:9780199588893

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Table of Contents

1. Introduction: The concept of Occupation2. The Evolution of the Concept of Occupation in the 18th and 19th Centuries3. The Hague Law in Theory and Practice: The Law of Occupation as Interpreted and Applied During and After the Two World Wars4. The Geneva Convention (IV) of 19495. The Practice of Occupants Since 19496. The Israeli Occupation of the West Bank and Gaza7. The Occupation of Iraq (2003-2005)8. The Impact of Developments in other areas of Law: Self determination, Human Rights, Law, Democracy, State Responsibility9. Collective Occupation: "Peace Keeping" and "Post-Conflict" Administration as Alternative Modalities to Occupation10. Ending Occupations11. The Enforcement Gap: Modalities for Monitoring Occupants12. Conclusion