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Occupational Hazards
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ISBN: 0801457327 0801458560 0801446155 1336282886 9780801446153 9780801458569 9780801457326 Year: 2010 Publisher: Ithaca, NY

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Abstract

Few would contest that the U.S. occupation of Iraq is a clear example of just how fraught a military occupation can become. In Occupational Hazards, David M. Edelstein elucidates the occasional successes of military occupations and their more frequent failures. Edelstein has identified twenty-six cases since 1815 in which an outside power seized control of a territory where the occupying party had no long-term claim on sovereignty.In a book that has implications for present-day policy, he draws evidence from such historical cases as well as from four current occupations-Bosnia, Kosovo, Afghanistan, and Iraq-where the outcome is not yet known. Occupation is difficult, in Edelstein's view, because ambitious goals require considerable time and resources, yet both the occupied population and the occupying power want occupation to end quickly and inexpensively; in drawn-out occupations, impatience grows and resources dwindle.This combination sabotages the occupying power's ability to accomplish two tasks: convince an occupied population to suppress its nationalist desires and sustain its own commitment to the occupation. Structural conditions and strategic choices play crucial roles in the success or failure of an occupation. In describing those factors, Edelstein prescribes a course of action for the future.


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The law of occupation
Authors: ---
ISBN: 9789004162464 9004162461 9786612397677 1282397672 9004180621 9789004180628 9781282397675 6612397675 Year: 2009 Publisher: Leiden Boston Martinus Nijhoff Publishers

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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.

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