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Author: Natia Kalandarishvili-Mueller
Publisher: Routledge
ISBN: 9781003035732
Category : Law
Languages : en
Pages : 218
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Book Description
"This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various International Humanitarian Law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine"--
Author: Natia Kalandarishvili-Mueller
Publisher: Routledge
ISBN: 9781003035732
Category : Law
Languages : en
Pages : 218
Get Book Here
Book Description
"This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various International Humanitarian Law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine"--
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
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Book Description
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 is expected 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 most occupants, 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 texts and 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 of power 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.
Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767
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Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568
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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Kubo Macak
Publisher: Oxford University Press
ISBN: 0192551787
Category : Law
Languages : en
Pages : 321
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Book Description
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0192597493
Category : Law
Languages : en
Pages : 605
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Book Description
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610
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Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author: Hanne Cuyckens
Publisher: BRILL
ISBN: 9004353976
Category : Law
Languages : en
Pages : 298
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Book Description
In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Author: Michael Siegrist
Publisher: Graduate Institute Publications
ISBN: 294041548X
Category : History
Languages : en
Pages : 81
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Book Description
Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)
Author: Andrew Clapham
Publisher:
ISBN: 0199559694
Category : History
Languages : en
Pages : 1009
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Book Description
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
