The International Law of Occupation
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.
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The Evolution of the Concept of Occupation in the Eighteenth and Nineteenth Centuries
3 The Characterization of Occupation
4 The Law on the Administration of Occupied Territories
Early Challenges to the Traditional Law of Occupation
6 The Law of Occupation in the Wake of World War II
7 Occupations Since the 1970s
8 The Israeli Occupation of the West Bank and Gaza
Other editions - View all
acts agreement AJIL Allied annexation applicability armed conflict army Article 43 authority Belgian Belgium Belligerent Occupation British Chapter civilian claim Commander criminal Cyprus debellatio decision Declaration doctrine droit duty East Timor economic ECtHR enemy ensure established exercise forces foreign Fourth Geneva Convention French Gaza Strip GCIV Geneva Convention German Hague Regulations human rights law illegal indigenous Indonesia infra institutions Int’l interests international law invasion invoked Iraqi Israel Israeli law issue Judea and Samaria judgment jurisdiction Justice KFOR Kosovo l’occupation law of occupation legislation military administration norms obligations occu occupation measures occupied area occupied population occupied territory Occupying Power Order Concerning ousted government Palestinian parties peace policies political principle protection public order recognized regarded respect responsibility rule Security Council Resolution self-determination settlements sovereign sovereignty Soviet SRSG status supra note text accompanying notes tion treaty Tribunal United Nations UNMIK violation West Bank