Occupation in International Law

The international law of occupation governs the actions of states that gain control over territory during armed conflict, aiming to balance interests and protect rights. This book provides an entry point to the topic, exploring tensions and dilemmas and highlighting interpretations that conform with the law's object and purpose.

Format: Hardback
Length: 272 pages
Publication date: 09 December 2022
Publisher: Oxford University Press

The international law of occupation is a comprehensive legal framework established under international humanitarian law that governs the actions of states that acquire effective control over territory during armed conflicts. This intricate body of law aims to strike a delicate balance between various competing interests, often juxtaposed and sometimes conflicting. At its core, the international law of occupation asserts that occupation does not grant sovereignty, and the occupant's powers are limited to those of a temporary trustee.

To maintain public order and safety, including the protection of its own forces, the occupant is empowered with certain rights and responsibilities. These include the authority to enact laws and regulations necessary for the administration of the occupied territory and the responsibility to ensure the well-being and rights of the local population.

Protecting the rights of the absent sovereign and safeguarding the right to self-determination are crucial aspects of the international law of occupation. The occupant must respect the territorial integrity and sovereignty of the occupied state and must refrain from interfering in its internal affairs. Additionally, the occupant must respect the individual rights of the local population, including their freedom of speech, assembly, and religion.

In this groundbreaking volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich offer a comprehensive entry point into the complex realm of the international law of occupation. The book delves into the tensions and dilemmas that characterize this field, while providing insightful interpretations that align with the law's object and purpose. By exploring the historical context, legal principles, and practical applications, the book aims to guide relevant actors, including states, academics, non-governmental organizations (NGOs), and individuals residing in occupied territories, in assessing and challenging state actions.

The international law of occupation is a dynamic and evolving field, shaped by the evolving nature of armed conflicts and the international community's efforts to promote peace and security. As such, the book provides a valuable resource for scholars, policymakers, and practitioners seeking to understand the legal framework governing occupation and its implications for the protection of human rights and the promotion of sustainable peace.

Weight: 446g
Dimension: 224 x 147 x 20 (mm)
ISBN-13: 9780198861034