The International Law of Belligerent Occupation

Voorkant
Cambridge University Press, 28 mrt. 2019 - 360 pagina's
Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.
 

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Inhoudsopgave

Belligerent Occupation and the Legality of War
2
The Judicial System in Occupied Territories
6
VI
11
b Occupation Following Unconditional Surrender
36
VIII
40
A Jurisdictional Rights
54
B Transfer of Title over an Occupied Territory
60
B The Overall Responsibility of the Occupying Power
66
Protection of the Civilian Population under Belligerent Occupation
154
Special Protection in Occupied Territories
192
Destruction Spoliation and Pillage of Property
211
Spoliation
223
Other Major Issues Relating to Belligerent Occupation
255
The Termination of Belligerent Occupation
291
Conclusion
309
Index of Subjects
317

The Treatment of Saboteurs
72
Human Rights and Belligerent Occupation
93
Hague Regulation 43
100
The Meaning of the Phrase empÍchement absolu
120

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Over de auteur (2019)

Yoram Dinstein is Professor Emeritus at Tel-Aviv University. He is a former President of the University, 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. 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. Professor Dinstein has written extensively on subjects relating to international law, human rights and the law of armed conflict, including: War, Aggression and Self-Defence (Cambridge, 6th edition, 2017), The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge, 3rd edition, 2016) and Non-International Armed Conflicts in International Law (Cambridge, 2014).

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