The Development of the Law of Belligerent Occupation, 1863-1914 PDF Download
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Author: Doris Appel Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 343
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Book Description
Author: Doris Appel Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 343
Get Book
Book Description
Author: Doris A. Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 343
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Book Description
Author: Doris Appel Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 356
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Book Description
Author: Doris Appel Graber
Publisher:
ISBN:
Category :
Languages : en
Pages : 343
Get Book
Book Description
Author: Doris Appel GRABER
Publisher:
ISBN:
Category :
Languages : en
Pages : 343
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Book Description
Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 0521896371
Category : History
Languages : en
Pages : 336
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Book Description
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, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? 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.
Author: Peter M. R. Stirk
Publisher: Edinburgh University Press
ISBN: 0748676007
Category : History
Languages : en
Pages : 360
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Book Description
An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered. It covers all major occupations including: France, Sicily, Greece, Belgium, Syria, Mexico, Bosnia-Herzegovina, Cyprus, Egypt, Korea, Peking, the Boer Republics; Latin America; and those related to the Napoleonic Wars, the Mexican-American War, the American Civil War, the Franco-Prussian War, the Russo-Turkish War, and the Spanish-American War
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: Peter M. R Stirk
Publisher: Edinburgh University Press
ISBN: 0748676023
Category : History
Languages : en
Pages : 320
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Book Description
An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.
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: 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.
