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The International Law of Occupation, 2nd Edition

The International Law of Occupation, 2nd Edition

Author: Eyal Benvenisti
Publisher: Oxford University Press
ISBN: 9780199588893
Published In: February 2012
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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New edition of a landmark book on the international law of occupation, written by one of the most respected experts on the issue
Features new chapters on the historical evolution of the concept of occupation, collective 'peacekeeping' or 'post-conflict' occupations, the occupation of Iraq, and on the obligation to end occupations
Expanded chapters on the Israeli occupation of the West Bank and Gaza and on the impact of developments in other areas of law, including self-determination, human rights law, democracy, and State responsibility
New to this edition

Coverage of new developments since 1992; new chapters on the historical evolution of the concept of occupation, collective 'peacekeeping' or 'post-conflict' occupations, the occupation of Iraq, and on the obligation to end occupations; expanded chapters on the Israeli occupation of the West Bank and Gaza and on the impact of developments in other areas of law, including self-determination, human rights law, democracy, and State responsibility
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.

Readership: Scholars and students of international humanitarian law and international human rights law; scholars and students of international relations; legal officers in NGOs and foreign offices dealing with questions relating to occupation; army legal advisers.

Contents:: 1: Introduction: The concept of Occupation; 2: The Evolution of the Concept of Occupation in the 18th and 19th Centuries; 3: The Hague Law in Theory and Practice: The Law of Occupation as Interpreted and Applied During and After the Two World Wars; 4: The Geneva Convention (IV) of 1949; 5: The Practice of Occupants Since 1949; 6: The Israeli Occupation of the West Bank and Gaza; 7: The Occupation of Iraq (2003-2005); 8: The Impact of Developments in other areas of Law: Self determination, Human Rights, Law, Democracy, State Responsibility; 9: Collective Occupation: "Peace Keeping" and "Post-Conflict" Administration as Alternative Modalities to Occupation; 10: Ending Occupations; 11: The Enforcement Gap: Modalities for Monitoring Occupants; 12: Conclusion;

Eyal Benvenisti, Anny and Paul Yanowicz Professor of Human Rights, Tel Aviv University Faculty of Law; Associate Member, Institut de Droit International