Prolonged Occupation and International Law: Israel and Palestine

Download Prolonged Occupation and International Law: Israel and Palestine PDF Online Free

Author :
Publisher : International Humanitarian Law
ISBN 13 : 9789004503922
Total Pages : 0 pages
Book Rating : 4.5/5 (39 download)

DOWNLOAD NOW!


Book Synopsis Prolonged Occupation and International Law: Israel and Palestine by : Nada Kiswanson

Download or read book Prolonged Occupation and International Law: Israel and Palestine written by Nada Kiswanson and published by International Humanitarian Law. This book was released on 2023-02-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability.

The International Law of Occupation

Download The International Law of Occupation PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0199588899
Total Pages : 410 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!


Book Synopsis The International Law of Occupation by : Eyal Benvenisti

Download or read book The International Law of Occupation written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2012-02-23 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: Princeton, N.J.: Princeton University Press, 1993.

The International Law of Occupation

Download The International Law of Occupation PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191639575
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!


Book Synopsis The International Law of Occupation by : Eyal Benvenisti

Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Occupation in International Law

Download Occupation in International Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0198861036
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!


Book Synopsis Occupation in International Law by : Eliav Lieblich

Download or read book Occupation in International Law written by Eliav Lieblich and published by Oxford University Press. This book was released on 2022-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

The Right to Life

Download The Right to Life PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004189653
Total Pages : 432 pages
Book Rating : 4.0/5 (41 download)

DOWNLOAD NOW!


Book Synopsis The Right to Life by : Christian Tomuschat

Download or read book The Right to Life written by Christian Tomuschat and published by BRILL. This book was released on 2010-03-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to life is the cornerstone of human rights protection. This book explores the mechanisms and procedures through which at international level the attempt is made to safeguard human life against all structural threats, even in armed conflict.

Revisiting the Law of Occupation

Download Revisiting the Law of Occupation PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004353976
Total Pages : 298 pages
Book Rating : 4.0/5 (43 download)

DOWNLOAD NOW!


Book Synopsis Revisiting the Law of Occupation by : Hanne Cuyckens

Download or read book Revisiting the Law of Occupation written by Hanne Cuyckens and published by BRILL. This book was released on 2017-10-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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: 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 Writing on the Wall

Download The Writing on the Wall PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107145961
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!


Book Synopsis The Writing on the Wall by : Aeyal Gross

Download or read book The Writing on the Wall written by Aeyal Gross and published by Cambridge University Press. This book was released on 2017-04-06 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.

ISRAEL'S UNLAWFULLY PROLONGED OCCUPATION

Download ISRAEL'S UNLAWFULLY PROLONGED OCCUPATION PDF Online Free

Author :
Publisher :
ISBN 13 : 9781911544166
Total Pages : pages
Book Rating : 4.5/5 (441 download)

DOWNLOAD NOW!


Book Synopsis ISRAEL'S UNLAWFULLY PROLONGED OCCUPATION by :

Download or read book ISRAEL'S UNLAWFULLY PROLONGED OCCUPATION written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Occupation

Download The Law of Occupation PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004162461
Total Pages : 801 pages
Book Rating : 4.0/5 (41 download)

DOWNLOAD NOW!


Book Synopsis The Law of Occupation by : Yutaka Arai

Download or read book The Law of Occupation written by Yutaka Arai and published by BRILL. This book was released on 2009 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

The Palestine Question in International Law

Download The Palestine Question in International Law PDF Online Free

Author :
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 1248 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!


Book Synopsis The Palestine Question in International Law by : Victor Kattan

Download or read book The Palestine Question in International Law written by Victor Kattan and published by British Institute for International & Comparative Law. This book was released on 2008 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of Palestine has been a pivotal one for international law ever since the foundation of the UN in 1945. It remains so today. On July 9, 2004, the International Court of Justice (ICJ) gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory. It ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume, coinciding with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

International Humanitarian Law and International Human Rights Law

Download International Humanitarian Law and International Human Rights Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0191001600
Total Pages : 425 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!


Book Synopsis International Humanitarian Law and International Human Rights Law by : Orna Ben-Naftali

Download or read book International Humanitarian Law and International Human Rights Law written by Orna Ben-Naftali and published by Oxford University Press. This book was released on 2011-01-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

How may Israel's occupation of Gaza and the West Bank be justified in international law?

Download How may Israel's occupation of Gaza and the West Bank be justified in international law? PDF Online Free

Author :
Publisher : GRIN Verlag
ISBN 13 : 3638231992
Total Pages : 14 pages
Book Rating : 4.6/5 (382 download)

DOWNLOAD NOW!


Book Synopsis How may Israel's occupation of Gaza and the West Bank be justified in international law? by : Patrick Wagner

Download or read book How may Israel's occupation of Gaza and the West Bank be justified in international law? written by Patrick Wagner and published by GRIN Verlag. This book was released on 2003-11-20 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2002 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), language: English, abstract: The conflict between Israel and the Palestinians over the occupation of the West Bank and Gaza is one of the most complicated conflicts in the world. Attempts to resolve the conflict have failed in the past and a resolution seems unlikely to emerge in the near future. Partly, this is due to the fact that the situation is extremely complex and the conflict very old. History, politics and international law together with religion, nationalism and pride are entangled to form this conflict. For both sides the conflict has reached an emotional level where belief is more important than rational decisions. A lot has been written about the Israel-Palestine conflict and in recent years more and more critique of Israel has emerged. This is particularly interesting as usually every criticism of its actions or policies is turned down by Israel as anti-Semitism. One thus has to be extremely careful when writing about Israel although international law seems to be relatively clear about the 1967 occupation of Gaza and the West Bank. In order to examine the legality of the occupation, this paper will discuss the situation from both angles and look at the sources of international law relevant to this case. These are the Charter of the United Nations in general and the United Nations Security Council Resolution 242 in particular. In addition, customary international law has developed to a jus cogens, prohibiting the use of force at all for settling international disputes. Finally, this paper shall conclude that any justification of the occupation is doubtful and there is little evidence in international law that might legitimise Israel’s actions. And even if the initial occupation could be legitimised under Article 51 of the UN Charter as an act of self-defence, the prolonged occupation would still lack any legal basis.

The International Law of Belligerent Occupation

Download The International Law of Belligerent Occupation PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521896371
Total Pages : 336 pages
Book Rating : 4.5/5 (218 download)

DOWNLOAD NOW!


Book Synopsis The International Law of Belligerent Occupation by : Yoram Dinstein

Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intervention in Civil Wars

Download Intervention in Civil Wars PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis Intervention in Civil Wars by : Chiara Redaelli

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

The Transformation of Occupied Territory in International Law

Download The Transformation of Occupied Territory in International Law PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004227881
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)

DOWNLOAD NOW!


Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano

Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-08-14 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Customary International Humanitarian Law

Download Customary International Humanitarian Law PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

DOWNLOAD NOW!


Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The ABC of the OPT

Download The ABC of the OPT PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107156521
Total Pages : 583 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!


Book Synopsis The ABC of the OPT by : Orna Ben-Naftali

Download or read book The ABC of the OPT written by Orna Ben-Naftali and published by Cambridge University Press. This book was released on 2018-05-10 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.