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The International Law of Belligerent Occupation

The International Law of Belligerent Occupation

2nd Edition

c.$110.00 ( )

  • Publication planned for: June 2019
  • availability: Not yet published - available from June 2019
  • format: Hardback
  • isbn: 9781108497978

c.$ 110.00 ( )
Hardback

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  • 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. The phenomenon is not new, and it is global. Still, numerous controversial points remain. How is belligerent occupation defined? What is the interaction with human rights law? Who is protected under belligerent occupation? 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. This second edition updates the text especially in terms of State practice, case law and doctrinal discourse, referring extensively to legislation adopted by the Coalition Provisional Authority during the short formal occupation of Iraq, and deals with other occupations.

    • The author has the advantage of linguistic access to the judgments of the Supreme Court of Israel, which are voluminous and in most instances unavailable in English. The book critiques these and other judicial decisions.
    • Introduces a complex subject not only to scholars and students, but also to potential practitioners, i.e. military officers who may be called upon (as happened in Iraq) to administer an occupied territory, without the necessary training and preparation to do so.
    • A companion volume to three earlier books by the same author on the law of armed conflict, published by Cambridge University Press.
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    Product details

    • Edition: 2nd Edition
    • Publication planned for: June 2019
    • format: Hardback
    • isbn: 9781108497978
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from June 2019
  • Table of Contents

    1. The General Framework
    2. The Legal Nature and Basic Principles of Belligerent Occupation
    3. Human Rights and Belligerent Occupation
    4. The Maintenance of Law and Order in Occupied Territories
    5. Legislation by the Occupying Power
    6. The Judicial System in Occupied Territories
    7.Protection of the Civilian Population under Belligerent Occupation
    8. Special Protection in Occupied Territories
    9. Destruction, Spoliation and Pillage of Property in Occupied Territories
    10. Seizure and Requisition of Property in Occupied Territories
    11. Other Major Issues Relating to Belligerent Occupation
    12. The Termination of Belligerent Occupation
    Conclusion

  • Author

    Yoram Dinstein, Tel-Aviv University
    Yoram Dinstein is Professor Emeritus at Tel Aviv University. He is a former President of the University, as well as former Rector and former Dean of the Faculty of Law. He served twice as the Charles H. Stockton Professor of International Law at the US Naval War College in Newport, RI. He was also a Humboldt Fellow at the Max Planck Institute of International Law in Heidelberg, Germany, a Meltzer Visiting Professor of Law at New York University, and a visiting Professor of Law at the University of Toronto. Professor Dinstein has written extensively on subjects relating to international law, human rights and the law of armed conflict, including: War, Aggression and Self-Defence (6th edn, 2017), The Conduct of Hostilities under the Law of International Armed Conflict (3rd edn, 2016) and Non-International Armed Conflicts in International Law (2014).

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