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The International Law of Belligerent Occupation

2nd Edition

  • Date Published: March 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108497978

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  • Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length – exceeding half a century and still in progress – and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.

    • Critiques judicial decisions and, using the authors advantageous linguistic access, the judgments of the Supreme Court of Israel, which are voluminous and in most instances unavailable in English
    • Introduces a complex subject not only to scholars and students, but also to potential practitioners, such as 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
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    Product details

    • Edition: 2nd Edition
    • Date Published: March 2019
    • format: Hardback
    • isbn: 9781108497978
    • length: 360 pages
    • dimensions: 235 x 157 x 21 mm
    • weight: 0.7kg
    • availability: Available
  • 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. 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 (Cambridge, 6th edition, 2017), The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge, 3rd edition, 2016) and Non-International Armed Conflicts in International Law (Cambridge, 2014).

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