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"The situation in Palestine has influenced the deployment of international human rights law and international humanitarian law. The impact of longterm Israeli occupation and the rule of the Palestinian Authority in the Occupied Territory is multifaceted. Despite the various research on Palestine, human rights, and the rule of law, few studies have been conducted on the enforcement mechanisms of human rights in Palestine. This study examines the applicability of international human rights and humanitarian laws as well as domestic laws to assess the contribution of these directives in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts an in-depth case study of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study examines the major laws which are invoked, in certain circumstances, to limit the ability of Palestinians to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The study further examines whether the available international and domestic mechanisms are effective, and if not, it suggests modifications upon which a functional national and international system could be built.The findings of the research demonstrate that international human rights treaties and international humanitarian law conventions are de facto and de jure applicable in the Occupied Territory. As a result of the aforementioned in-depth study cases, it can be concluded that human rights violations against Palestinians in the Occupied Territory are committed by the Palestinian Authority and the Israeli government. In addition, the Palestinian and the Israeli judiciaries have failed to grant Palestinians reasonable protection or a just remedy, and they are dysfunctional and politically driven. The study concludes with a proposal for new mechanisms for Palestinians to redress human rights violations. The further outcomes of this study argue that neither international human rights nor humanitarian law guarantee full protection for Palestinians. Hence, the implication of the findings indicates that the regulations of international human rights and humanitarian laws, which were made by the powers of the nineteenth century with their colonial provisions, might not fit to the present complications of the current challenges to international law in Palestine. The goal is to promote a re-thinking approach to the employment of human rights to serve all people in an efficient and well-organized system. The scope of this study is not meant to grant Palestinians favorable treatment in the multilateral international system, but to achieve just and successful remedies for victims of human rights violations."

Law --- International law --- International human rights law --- international human rights --- international humanitarian law --- Occupied Territory --- Palestine --- Recht --- Internationale Menschenrechte --- Besetzte Gebiete --- Palästina

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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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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 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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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