Occupation and Control in International Humanitarian Law

This book explores the concept of control in the law of military occupation, examining how states establish and maintain control over territory and the tests used to determine the existence and end of occupation. It draws on international jurisprudence, case studies, and legal doctrine to provide a comprehensive analysis of the topic.

Format: Paperback / softback
Length: 236 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a systematic exploration of the concept of control in the realm of military occupation. It reveals that control takes on diverse forms and variations in contemporary occupations. The multifaceted nature of occupation is evident through the ways in which states establish and maintain control over territory, whether directly or indirectly, and the strategies they employ to retain, relinquish, or regain it. The central question revolves around determining the appropriate level and type of control necessary to establish and terminate a military occupation in accordance with various international humanitarian law instruments.

The book provides a detailed anatomy of the required tests for determining the existence of military occupation based on legal principles. It also examines the concept of control in relation to occupation by proxy and the circumstances under which control over territory is deemed to end, leading to the termination of military occupation. This study is enriched by relevant international jurisprudence, drawing from a wealth of pertinent case studies, reports by various United Nations entities, and legal doctrines.

The book serves as a valuable resource for academics, researchers, and practitioners engaged in the fields of international humanitarian law, international public law, and security studies. It offers insightful analysis and practical insights into the complex dynamics of control in military occupations, contributing to a deeper understanding of the legal and ethical implications of such operations.

Weight: 440g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367528041