The International Law of Occupation by Eyal BenvenistiThe International Law of Occupation by Eyal Benvenisti

The International Law of Occupation

byEyal Benvenisti

Paperback | October 4, 2013

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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 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 underlyingthought 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 ofoccupation 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.
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 ...
The International Law of Occupation
The International Law of Occupation

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Title:The International Law of OccupationFormat:PaperbackDimensions:416 pages, 9.21 × 6.14 × 0 inPublished:October 4, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199682232

ISBN - 13:9780199682232

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Table of Contents

1. Introduction2. Origins: The Evolution of the Concept of Occupation in the Eighteenth and Nineteenth Centuries3. The Characterization of Occupation4. The Law on the Administration of Occupied Territories5. Occupations During and After World War I: Early Challenges to the Traditional Law of Occupation6. The Law of Occupation in the Wake of World War II7. Occupations Since the 1970s8. The Israeli Occupation of the West Bank and Gaza9. The Occupation of Iraq 2003-0510. The Administration of Territory by the United Nations: The Case of UNMIK in Kosovo11. The Law on Post-Occupation: The Lasting Effects of the Occupant's Legislation12. Enforcement Mechanisms for Compliance with the Law of Occupation13. Conclusion