The International Law of Belligerent Occupation

כריכה קדמית
Cambridge University Press, 19 בפבר׳ 2009 - 303 עמודים
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.
 

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תוכן

1 The general framework
1
2 The legal nature and basic principles of belligerent occupation
31
3 Human rights and belligerent occupation
67
4 The maintenance of law and order in occupied territories
89
5 Legislation by the Occupying Power
108
6 The judicial system in occupied territories
132
7 Protection of the civilian population under belligerent occupation
146
8 Special protection in occupied territories
180
9 Destruction and pillage of property in occupied territories
195
10 Seizure and use of property in occupied territories
210
11 Other major issues relating to belligerent occupation
238
12 The termination of belligerent occupation
270
CONCLUSION
286
INDEX OF PERSONS
288
INDEX OF SUBJECTS
293
זכויות יוצרים

מהדורות אחרות - הצג הכל

מונחים וביטויים נפוצים

מידע על המחבר (2009)

Yoram Dinstein is Professor Emeritus at Tel-Aviv University. He is a former President of the University (1991-8), as well as former Rector and former Dean of the Faculty of Law. He served twice as the Charles H. Stockton Professor of International Law at the US Naval War College in Newport, RI. He was also a Humboldt Fellow at the Max Planck Institute of International Law in Heidelberg, Germany, a Meltzer Visiting Professor of Law at New York University and a visiting Professor of Law at the University of Toronto. He is a Member of the Institute of International Law.

מידע ביבליוגרפי