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Rain Liivoja explores why, and to what extent, armed forces personnel who commit offences abroad are prosecuted under their own country's laws. After clarifying several conceptual uncertainties in the doctrine of jurisdiction and immunities, he applies the doctrine to the extraterritorial deployment of service personnel. Comparing the law and practice of different states, the author shows the sheer breadth of criminal jurisdiction that countries claim over their service personnel. He argues that such claims disclose a discrete category of jurisdiction, with its own scope and rationale, which can be justified as a matter of international law. By distinguishing service jurisdiction as a distinct category, the analysis explains some of the peculiarities of military criminal law and also provides a basis for extending national criminal law to private military contractors serving the state. This book is essential for scholars and practitioners in international and criminal law, especially in military contexts.
Armed Forces in foreign countries. --- Criminal jurisdiction. --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law
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As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.
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An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.
Military occupation --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government --- History. --- HISTORY / Military / General. --- Military occupation.
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The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Military occupation. --- War (International law) --- Hostilities --- International law --- Neutrality --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- Conquest, Right of --- Military government --- Law --- General and Others
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Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.
Military occupation. --- War (International law) --- Hostilities --- International law --- Neutrality --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- Conquest, Right of --- Military government
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"This open access book explores how different spatial geographies emerged, adapted or were transformed in various occupied and colonial settings around Asia, showing how the experiences of those living under occupation shaped and was shaped by new interpretations and typologies of 'space'. With case studies across South, Southeast and East Asia and through a variety of disciplinary perspectives, Spatial Histories of Occupation adopts a trans-Asian comparative approach to show how the experiences of occupation and colonialism shifted under particular spatial typologies, particularly in urban, maritime and rural settings. Revealing the similarities, differences and connections that existed between and across different spaces of foreign occupation and colonialism in modern Asian history, this book shows how a focus on historical geography and 'space' can revise our broader categories and conceptualisations related to occupation; be it under colonial, wartime or Cold War powers. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by The European Research Council."--
Colonies --- Military occupation. --- Imperialism --- History --- Asia --- Politics and government. --- Foreign relations. --- Miltary occupation. --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government
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This book argues that Chapter XI of the UN Charter should be applied to military occupations. The book operates in two parts. First, it describes the status quo of the law of military occupation and the economic incentive that this status quo holds for the occupant. Second, it shows by way of a contemporary interpretation, how Chapter XI should be applied and what it would mean for the economic rights of the inhabitants. It will be argued that the application of Chapter XI would make it economically unattractive for an occupant to stay in the foreign territory, while leaving his right to self-defense intact.This book is of interest to scholars and practitioners who are seeking new avenues for the laws of military occupation.
Conquest, Right of. --- Military occupation. --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government --- Debellatio --- Right of conquest --- International law --- Military occupation
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Wohl kaum eine Ereignis der deutschen Geschichte hatte so vielfältige und weitreichende Folgen wie das Ende des Zweiten Weltkrieges. Der Schock produzierte eine wahre Flut an Überlegungen, Planspielen und Denkschriften, die sich immer wieder mit der Frage der politischen, gesellschaftlichen und moralischen Erneuerung beschäftigten. Weitgehend unbekannt sind in diesem Zusammenhang die heftigen Diskussionen geblieben, die seit Sommer 1945 im deutschen Südwesten entbrannten. Katholische Intellektuelle und Honoratioren sahen nun den Zeitpunkt gekommen, die nationale Bindung aufzugeben; an die Stelle eines preußisch-kleindeutschen Reichs sollte eine stammesföderalistisch geprägte Neugliederung treten. Überlegungen dieser Art lassen sich bereits vor 1933 zwischen Lörrach, Konstanz und Karlsruhe, aber auch bis Augsburg und Bregenz nachweisen. Zusätzliche schien die Aufteilung der Länder Baden und Württemberg durch die französische und amerikanische Besatzungszone, die Chance für eine völlig neue Grenzziehung zu erhöhen. Auf der Basis unbekannter französischer, deutschen, schweizerischer und österreichischer Quellen sowie bislang unzugänglicher Privatnachlässe schildert der Autor minutiös den Verlauf der Diskussion und die Visionen der wichtigsten Wortführer.
Military government --- French --- Reconstruction (1939-1951) --- Military occupation. --- History --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- World War, 1939-1945 --- Frenchmen (French people) --- Military rule --- Reconstruction --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Postwar reconstruction --- Ethnology --- Public administration --- Civil-military relations --- Military occupation
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Stirk argues that military occupation should be regarded as a political phenomenon - a distinct form of government at the heart of which is the nature of obligation on the part of both the occupier and the occupied. He aims to promote a change in the understanding of occupation thereby avoiding the perpetuation of recent failures in this area.
Military occupation --- Military occupation. --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government --- Political aspects. --- Military rule --- Public administration --- Civil-military relations --- Military government. --- Occupation militaire --- Gouvernement militaire
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Military occupation. --- Armed Forces --- Disengagement (Military science) --- Political activity. --- Battle termination --- Combat --- Tactics --- Civil-military relations --- Political participation --- Sociology, Military --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government
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