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