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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: 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: 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: 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: 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: Aeyal Gross
Publisher: Cambridge University Press
ISBN: 1107145961
Category : History
Languages : en
Pages : 461
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Book Description
A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.
Author: Dr Kjetil Mujezinovic Larsen
Publisher: Cambridge University Press
ISBN: 1107021847
Category : Law
Languages : en
Pages : 379
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Book Description
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Author: Monique Jo Beerli
Publisher: Graduate Institute Publications
ISBN: 2940503400
Category : Political Science
Languages : en
Pages : 88
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Book Description
All across the globe, individuals mobilize international support in defense of Palestinian rights and a resolution to the Israeli-Palestinian conflict. However, these international activists are neither the beneficiaries of their efforts nor do they closely identify with the Palestinian population. Through an ethnographic analysis of social movement organizations and international activists active in the West Bank, this paper tries to understand the emergence of transnational collective action fighting for Palestinian rights since the second Intifada. To do so, this paper addresses structural as well as personal factors behind activists’ mobilization. Combining elements from social movement theory and Bourdieusian sociology, I conduct a meso-level inquiry of the principal solidarity organizations alongside a micro-level investigation of international volunteers participating in such organizational structures. Highlighting the specificity of transnational activism in the West Bank both in terms of opportunity structures and the lived experiences of international activists, I have tried to provide insight on how and why the Palestinian rights movement is able to gather so much international support.
Author: Claire Mitchell
Publisher: Graduate Institute Publications
ISBN: 2940415048
Category : Law
Languages : en
Pages : 157
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Book Description
The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.
Author: Natalie Joy Marrer
Publisher: Graduate Institute Publications
ISBN: 2940600198
Category : Law
Languages : en
Pages : 62
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Book Description
This ePaper approaches looks at the contentious debate surrounding humanitarian intervention through a critical, narratological lens. By questioning the roles cast and identities constituted, in what can could be compared to a theatrical drama, the focus is on given to the unreliable narration by of the most powerful characters on the international stage –, from the US to the UN –, and its impact on the political and legal stances taken in various contexts. On a meta-level, it examines the conditions which that enable this unreliable narration, by pointing to the out a problematic flexibility owing to the flowing from paradoxes and conflation nestled entrenched in human rights rhetoric; and what some deem call a budding ‘humanity’s law’. Attention is meant to be drawn to the power of mental imagery conjured up by intervention narratives, based on the story of saving innocents, as embodiments of humanity. The goal is to foster self-reflection among of the readers of working in humanitarian intervention, within the epistemic community of international lawyers, and beyond. We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master’s dissertations.
