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The International Law of Occupation
Eyal Benvenisti
With a new preface by the author

Book Description | Reviews
Preface [HTML] or [PDF format]

TABLE OF CONTENTS:

Acknowledgments
Abbreviations
1Overview: The Phenomenon of Occupation3
2The Framework of the Law of Occupation7
Article 43 of the Hague Regulations: A Profile of the Occupant's Role7
The Concept of Occupation According to Article 43: Past and Present26
3Occupations during and after World War I: Early Challenges to the Traditional Law of Occupation32
The German Occupation of Belgium, 1914-191832
The Armistice Occupation of the Rhineland48
4The Second Phase: The Law of Occupation in the Wake of World War II59
Occupations by the Axis Powers60
Occupations by the Soviet Union, 1939-194067
The Relevance of the Axis and Soviet Occupations to the Law of Occupation: The Status of Unlawful Occupations68
Allied Occupations during World War II72
The Law of Occupation in the Wake of World War II: The Termination of the Normative Force of the Hague Regulations96
The Fourth Geneva Convention and the Status of the Law of Occupation in 194998
5The Israeli Occupation of the Golan Heights, the West Bank, Gaza, and Sinai107
The applicability of the Law of Occupation to the Israel-Occupied Territories: Theory and Practice108
Integration of the Territories with Israel123
Long-Term Occupations and the Law of Occupation144
6Occupations since the 1970s and Recent International Prescriptions149
Attempts to Annex Adjacent Regions: Kuwait, Western Sahara, and East Timor150
Assisting an Indigenous Government: Afghanistan, Kampuchea (Cambodia), Grenada, and Panama159
Self-Determination for Occupied Regions verus the Territorial Integrity of the Occupied State: Bangladesh and Northern Cyprus173
Limited-Purpose Occupations: The Coalition Occupation of Southern and Northern Iraq and the Israeli Occupation of Southern Lebanon181
The Law of Occupation That Emerges from Recent Occupations182
The Law of Occupation in Contemporary International Instruments184
Conclusion189
7Enforcement of the Law of Occupation on the Occupant: Existing Institutions191
Enforcement through Adjudication192
Enforcement through Protecting Powers204
Enforcement through Other International Processes207
8Conclusion: The Contemporary Law of Occupation209
Major Developments That Have Influenced the Law of Occupation209
The Response to Contemporary Challenges212
Monitoring the Occupants and Enforcing the Law216
Bibliography217
Table of Cases225
Index233

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File created: 8/26/2014

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