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 while highlighting interpretations that conform with the law's object and purpose.

Format: Paperback / softback
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 conflicting. At its core, the law asserts that occupation does not grant sovereignty, limiting the occupant's powers to those of a temporary trustee. It is crucial to understand the mechanisms that empower the occupant to maintain public order and safety, including the protection of its own forces. Moreover, the rights of the absent sovereign, the right to self-determination, and the individual rights of the local population must be safeguarded.

In this groundbreaking volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich offer a comprehensive entry point into the realm of the modern law of occupation. Through detailed elaboration on general principles and key rules, the book delves into the complexities and dilemmas that characterize this field. It explores the tensions and dilemmas that arise in occupied territories, while providing interpretative insights that align with the law's object and purpose. By offering a comprehensive guide, this book serves as a valuable resource for states, academics, non-governmental organizations (NGOs), and individuals residing in occupied territories seeking to assess or challenge state actions.

The international law of occupation is a multifaceted and intricate legal framework that requires careful consideration and analysis. By examining the principles, rules, and challenges associated with occupation, this book contributes to our understanding of international law and its role in maintaining peace and security in a complex world.

Weight: 342g
Dimension: 217 x 139 x 15 (mm)
ISBN-13: 9780198861041