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International Law of Belligerent Occupation

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ISBN-10: 052172094X

ISBN-13: 9780521720946

Edition: 2009

Authors: Yoram Dinstein

List price: $62.00
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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…    
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Book details

List price: $62.00
Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 2/19/2009
Binding: Paperback
Pages: 336
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.188
Language: English

Yoram Dinstein is Professor Emeritus at Tel-Aviv University. He is a former President of the University (1991-98), as well as former Rector and former Dean of the Faculty of Law. He served twice as the Charles H. Stockton Professor of International Law at the US Naval War College in Newport, Rhode Island. He was also a Humboldt Fellow at the Max Planck Institute of International Law in Heidelberg, Germany, a Meltzer Visiting Professor of Law at New York University and a Visiting Professor of Law at the University of Toronto.

Table of cases
Table of treaties
Table of UN Resolutions
List of abbreviations
The general framework
Belligerent occupation as a natural phenomenon in war
Belligerent occupation and the legality of war
The strata of the international law of belligerent occupation
Customary international law
The Hague Regulations
Geneva Convention (IV)
Additional Protocol I
A brief historical outline
The past
The last decades
The case of Israel
The Sinai Peninsula and the Gaza Strip
The West Bank
The 'Oslo Process' Accords
East Jerusalem
The Golan Heights
The general applicability of Geneva Convention (IV)
Judicial review by the Supreme Court sitting as a High Court of Justice
The domestic applicability of Geneva Convention (IV)
The legal nature and basic principles of belligerent occupation
Conditions for the establishment of a belligerent occupation regime
Belligerent occupation and inter-State armed conflicts
The linkage of belligerent occupation to war
Occupation following unconditional surrender
Non-international armed conflicts
The non-consensual nature of belligerent occupation
Coerction as the key to belligerent occupation
Occupation based on agreement following war
Consensual occupation of Allied territory during war
Occupation by UN forces
The distinction between belligerent occupation and invasion
The indispensability of effective control
Some ancillary comments
Jurisdictional rights
Outlying land areas
Maritime areas and air space
Several Occupying Powers
Sovereignty and belligerent occupation
Sovereignty and non-annexation
Transfer of title over an occupied territory
Nationality and allegiance
The military nature of the government in an occupied territory
The administration of an occupied territory
The overall responsibility of the Occupying Power
The employment of local officials
Protected persons in occupied territories
The scope of protection
The treatment of saboteurs
Protecting Powers
The theory
The practice
Human rights and belligerent occupation
The international law of human rights
The application of human rights law in occupied territories
Derogations from obligations to respect human rights
Derogations and war
Procedural and substantive requirements
Non-derogable human rights
Built-in limitations of human rights
Explicit limitations
Implicit limitations
Balance between competing human rights
The interaction between the law of belligerent occupation and the law of human rights
Convergence and divergence
The advantages of the law of belligerent occupation
The advantages of human rights law
The lex specials rule
The maintenance of law and order in occupied territories
Hague Regulation 43
The structure and scope of Regulation 43
Restoring and ensuring public order and life under Regulation 43
Individual resistance to occupation
Saboteurs and prisoners of war
Lev�e en Masse
Riot control
Hostilities in occupied territories
The duality of hostilities and occupation
Direct participation in hostilities
'Human shields'
Legislation by the Occupying Power
The meaning of the phrase 'less lois en Vigueur'
The meaning of the phrase 'emp�chement absolu'
Article 64 of Geneva Convention (IV)
The specific categories of necessity
Security legislation
Repeal of legislation inconsistant with Geneva Convention (IV)
Legislation geared to the needs of the civilian population
Other legislation
Prolonged occupation
The litmus test
Institutional changes
Limitations of the Legislative power
The judicial system in occupied territories
The double-tiered system of courts
Local courts
Military courts
Concurrent jurisdiction
The right to a fair trial
Capital punishment
Protection of the civilian population under belligerent occupation
Freedom from genocide and the right to life
The Prohibition of genocide
The individual right to life
Ensuring the Survival of the civilian population
Respect for the rights of protected persons
The prohibition of hostage-taking
Collective penalties and reprisals
Collective penalties
Demolition or sealing off of houses
Deportations and transfer
Voluntary departure, deportation and relocation
The Israeli practice
Individual verses mass deportations
'Exclusion' versus deportation
The State of nationality versus other countries
Occupying versus occupied territory
Internment (administrative detention)
Assigned residence
Compulsory work
Special protection in occupied territories
Women and children
Medical services
Civil defence
Humanitarian relief
Relief consignments
Relief Personnel
Destruction and pillage of property in occupied territories
Destruction of property
The general prohibition
Special Protection
Demolition of a house as a sanction
Seizure and use of property in occupied territories
General observations
The prohibition of spoliation
The distinction between public and private property
The temporal problem
Public property
Immovable property
Movable property
Extraordinary Property
Property of Municipalities
Cultural property
Medical property
Civil defence mat�riel
Submarine cables
Private property
Immovable property
Movable property
Ordinary property
Munitions de guerre and related items
The right of angary
Other major issues relating to belligerent occupation
Geneva Convention (IV)
The Israeli settlements
The Judgments of the Supreme Court of Israel
The security barrier
The setting
The Beit Sourik case
The Advisory Opinion of the International Court of Justice
The Alfei Menashe case
Reunion of families
Political activities and elections
Freedom of the press
Freedom of religion
Human dignity
The termination of belligerent occupation
The complete end of belligerent occupation
Treaty of peace
Withdrawal from an occupied territory
Binding decision by the UN Security Council
Partial end of belligerent occupation
Agreement between the parties
The tide of hostilities
Unilateral decision of the Occupying Power
Post-hostilities belligerent occupation
The consequences of the termination of occupation
Index of persons
Index of subjects