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)
The International Law Of Belligerent Occupation
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Author : Yoram Dinstein
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-19
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 2009-02-19 with History 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.
The 1949 Geneva Conventions
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Author : Andrew Clapham
language : en
Publisher: Oxford University Press
Release Date : 2015-10-15
The 1949 Geneva Conventions written by Andrew Clapham and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-15 with Law categories.
The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
Searching For A Principle Of Humanity In International Humanitarian Law
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Author : Dr Kjetil Mujezinovic Larsen
language : en
Publisher: Cambridge University Press
Release Date : 2013
Searching For A Principle Of Humanity In International Humanitarian Law written by Dr Kjetil Mujezinovic Larsen 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 2013 with Law categories.
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
The Drama Of Humanitarian Intervention
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Author : Natalie Joy Marrer
language : en
Publisher: Graduate Institute Publications
Release Date : 2020-08-28
The Drama Of Humanitarian Intervention written by Natalie Joy Marrer 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 2020-08-28 with Law categories.
This ePaper approaches looks at the contentious debate surrounding humanitarian intervention through a critical, narratological lens. By questioning the roles cast and identities constituted, in what can could be compared to a theatrical drama, the focus is on given to the unreliable narration by of the most powerful characters on the international stage –, from the US to the UN –, and its impact on the political and legal stances taken in various contexts. On a meta-level, it examines the conditions which that enable this unreliable narration, by pointing to the out a problematic flexibility owing to the flowing from paradoxes and conflation nestled entrenched in human rights rhetoric; and what some deem call a budding ‘humanity’s law’. Attention is meant to be drawn to the power of mental imagery conjured up by intervention narratives, based on the story of saving innocents, as embodiments of humanity. The goal is to foster self-reflection among of the readers of working in humanitarian intervention, within the epistemic community of international lawyers, and beyond. We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master’s dissertations.
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 Law Of Occupation
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Author : Yutaka Arai
language : en
Publisher: BRILL
Release Date : 2009
The Law Of Occupation written by Yutaka Arai and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Theoretical Boundaries Of Armed Conflict And Human Rights
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Author : Jens David Ohlin
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-04
Theoretical Boundaries Of Armed Conflict And Human Rights written by Jens David Ohlin 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 2016-08-04 with Law categories.
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
The Writing On The Wall
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Author : Aeyal Gross
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-06
The Writing On The Wall written by Aeyal Gross 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 2017-04-06 with History categories.
A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.
Solidarity Intervention
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Author : Monique Jo Beerli
language : en
Publisher: Graduate Institute Publications
Release Date : 2013-12-16
Solidarity Intervention written by Monique Jo Beerli 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 2013-12-16 with Political Science categories.
All across the globe, individuals mobilize international support in defense of Palestinian rights and a resolution to the Israeli-Palestinian conflict. However, these international activists are neither the beneficiaries of their efforts nor do they closely identify with the Palestinian population. Through an ethnographic analysis of social movement organizations and international activists active in the West Bank, this paper tries to understand the emergence of transnational collective action fighting for Palestinian rights since the second Intifada. To do so, this paper addresses structural as well as personal factors behind activists’ mobilization. Combining elements from social movement theory and Bourdieusian sociology, I conduct a meso-level inquiry of the principal solidarity organizations alongside a micro-level investigation of international volunteers participating in such organizational structures. Highlighting the specificity of transnational activism in the West Bank both in terms of opportunity structures and the lived experiences of international activists, I have tried to provide insight on how and why the Palestinian rights movement is able to gather so much international support.