The Functional Beginning Of Belligerent Occupation
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The Functional Beginning Of Belligerent Occupation
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Author : Michael Siegrist
language : en
Publisher: Graduate Institute Publications
Release Date : 2011-04-15
The Functional Beginning Of Belligerent Occupation written by Michael Siegrist and has been published by Graduate Institute Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-15 with History categories.
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)
Revisiting The Law Of Occupation
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Author : Hanne Cuyckens
language : en
Publisher: BRILL
Release Date : 2017-10-23
Revisiting The Law Of Occupation written by Hanne Cuyckens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
The International Law Of Belligerent Occupation
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Author : Yoram Dinstein
language : en
Publisher:
Release Date : 2009
The International Law Of Belligerent Occupation written by Yoram Dinstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Military occupation categories.
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--Publisher's description.
The Functional Beginning Of Belligerent Occupation
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Author : Michael Siegrist
language : en
Publisher: Graduate Institute Publications
Release Date : 2011-04-15
The Functional Beginning Of Belligerent Occupation written by Michael Siegrist and has been published by Graduate Institute Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-15 with History categories.
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)
Everyday Resistance
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Author : Raksha Vasudevan
language : en
Publisher: Graduate Institute Publications
Release Date : 2013-05-16
Everyday Resistance written by Raksha Vasudevan and has been published by Graduate Institute Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-16 with Social Science categories.
Northern Sri Lanka has been at the heart of the country’s 30-year civil war, a bloody conflict which has given rise to an estimated 40,000 households headed by women in this region. Based on fieldwork conducted in 10 villages and towns, this ePaper aims to identify and describe the most pervasive economic, physical and psycho-social vulnerabilities that female heads of households (FHHs) in the north face in the post-war context. It also traces how the state has shaped these vulnerabilities through its pursuit of a national security agenda under the guise of “reconstruction.” The response strategies that FHHs have deployed in response to these vulnerabilities range from the creation of innovative livelihood opportunities to acts of “everyday politics” that contest the structures of patriarchy and state-led domination which attempt to marginalize the diversity of FHHs’ stories, hardships and responses. These findings suggest that, rather than being passive victims of socio-political manipulation and oppression, FHHs are highly vulnerable but active agents in their own lives. Though inevitably influenced by unequal power relations and gendered norms, through their response strategies, they also contest the narrow identities constructed for Tamil women and their simplistic portrayal as either “powerless victims” or “empowered warriors”.
Oslo Manual On Select Topics Of The Law Of Armed Conflict
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Author : Yoram Dinstein
language : en
Publisher: Springer Nature
Release Date : 2020-05-14
Oslo Manual On Select Topics Of The Law Of Armed Conflict written by Yoram Dinstein and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
Aut Dedere Aut Judicare The Extradite Or Prosecute Clause In International Law
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Author : Claire Mitchell
language : en
Publisher: Graduate Institute Publications
Release Date : 2011-03-31
Aut Dedere Aut Judicare The Extradite Or Prosecute Clause In International Law written by Claire Mitchell and has been published by Graduate Institute Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-31 with Law categories.
The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.
The International Law Of Belligerent Occupation
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Author : Yoram Dinstein
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
The International Law Of Belligerent Occupation written by Yoram Dinstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with History categories.
Addresses some fundamental issues underlying the regime of belligerent occupation.
Occupation And Control In International Humanitarian Law
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Author : Natia Kalandarishvili-Mueller
language : en
Publisher: Routledge
Release Date : 2020-07-28
Occupation And Control In International Humanitarian Law written by Natia Kalandarishvili-Mueller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-28 with Law categories.
This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various international humanitarian law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine. The book will be a valuable resource for academics, researchers and practitioners working in the fields of international humanitarian law, international public law, and security studies
The Nature Of International Humanitarian Law
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Author : Anne Quintin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-09-25
The Nature Of International Humanitarian Law written by Anne Quintin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.