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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The International Law of Belligerent Occupation

ISBN13: 9780521720946
Published: February 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99

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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.

  • Legal sources include the judgments of the Supreme Court of Israel, which are otherwise largely unavailable in English
  • Introduces a complex subject to both academics and potential practitioners, for example military officers who may be called upon to administer an occupied territory
  • Serves as a companion volume to two earlier books by the same author on war and the conduct of hostilities

Public International Law
1. The general famework; 2. The legal nature and basic principles of belligerent occupation; 3. Human rights and belligerent occupation; 4. The maintenance of law and order in occupied territories; 5. Legislation by the occupying power; 6. The judicial system in occupied territories; 7. Protection of the civilian population under belligerent occupation; 8. Special protection in occupied territories; 9. Destruction and pillage of property in occupied territories; 10. Seizure and use of property in occupied territories; 11. Other major issues relating to belligerent occupation; 12. The termination of belligerent occupation; Conclusion.