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 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.
|Publisher:||Oxford University Press, USA|
|Product dimensions:||6.30(w) x 9.30(h) x 1.30(d)|
Table of Contents
1. Introduction: The concept of Occupation
2. The Evolution of the Concept of Occupation in the 18th and 19th Centuries
3. The Hague Law in Theory and Practice: The Law of Occupation as Interpreted and Applied During and After the Two World Wars
4. The Geneva Convention (IV) of 1949
5. The Practice of Occupants Since 1949
6. The Israeli Occupation of the West Bank and Gaza
7. The Occupation of Iraq (2003-2005)
8. The Impact of Developments in other areas of Law: Self determination, Human Rights, Law, Democracy, State Responsibility
9. Collective Occupation: "Peace Keeping" and "Post-Conflict" Administration as Alternative Modalities to Occupation
10. Ending Occupations
11. The Enforcement Gap: Modalities for Monitoring Occupants