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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
Get Book Here
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: 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: 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: Ben Saul
Publisher:
ISBN: 0198855303
Category : Law
Languages : en
Pages : 481
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Book Description
This Guide provides a broad, authoritative, overview of the field of international humanitarian law. Highlighting both practice and doctrine it is written by a team of expert academics and practitioners.
Author: Yutaka Arai
Publisher: BRILL
ISBN: 9004162461
Category : Law
Languages : en
Pages : 801
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Book Description
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
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.
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: Nils Melzer
Publisher: Oxford University Press on Demand
ISBN: 0199533164
Category : Law
Languages : en
Pages : 523
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Book Description
This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
