The Use Of Armed Force In Occupied Territory
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The Use Of Armed Force In Occupied Territory
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Author : Marco Longobardo
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-18
The Use Of Armed Force In Occupied Territory written by Marco Longobardo 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 2018-10-18 with History categories.
Explores the use of armed force in occupied territory under different international law branches.
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)
Legal Restraints On The Use Of Military Force
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Author : Thilo Marauhn
language : en
Publisher: BRILL
Release Date : 2020-12-15
Legal Restraints On The Use Of Military Force written by Thilo Marauhn and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Armed Conflict And Displacement
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Author : Mélanie Jacques
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-20
Armed Conflict And Displacement written by Mélanie Jacques 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 2012-09-20 with Law categories.
A detailed analysis of contemporary issues relating to international humanitarian law and its interplay with war migrants.
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.
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 Occupation
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Author : Eyal Benvenisti
language : en
Publisher: Oxford University Press (UK)
Release Date : 2012-02-23
The International Law Of Occupation written by Eyal Benvenisti and has been published by Oxford University Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with History categories.
This is the long-awaited second edition of a landmark book on the law of occupation. Covering developments since 1992, including the case of Iraq and recent developments in the Middle East, this book will include new chapters on the historical evolution of the concept of occupation, collective occupations, and ending occupations.
The Contemporary Law Of Armed Conflict
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Author : Leslie C. Green
language : en
Publisher: Manchester University Press
Release Date : 1993
The Contemporary Law Of Armed Conflict written by Leslie C. Green and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
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.
The Un Security Council
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Author : David Malone
language : en
Publisher: Lynne Rienner Publishers
Release Date : 2004
The Un Security Council written by David Malone and has been published by Lynne Rienner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Political Science categories.
The nature and scope of UN Security Council decisions - significantly changed in the post-Cold War era - have enormous implications for the conduct of foreign policy. The UN Security Council offers a comprehensive view of the council both internally and as a key player in world politics. Focusing on the evolution of the council's treatment of key issues, the authors discuss new concerns that must be accommodated in the decisionmaking process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the rich thematic chapters. The book sheds much-needed light on the central events and trends of the past decade and their critical importance for the future role of the council and the UN in the sphere of international security.