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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.

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

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Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)

International Law --- Law, Politics & Government --- Treaties, International --- Geneva Convention Fourth (1949) --- belligerent occupation --- protection of civilians --- dispute settlement --- conflict security and peacebuilding --- International Committee of the Red ‎Cross (ICRC) --- humanitarian action

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In this exploration of the nature of occupation, Eric Carlton concentrates on the complex relationship between military authority and civilian population and explores the methods used by dominant powers ot maintain their authority. Drawing from a wide range of case studies, including examinations of British colonial interests in India and the Nazi atrocities of the Second World War, Dr Carlton assesses the nature of social control and the effect of ideology on the exercising of power, and considers the moral aspects of military repression.

Military government --- Military occupation --- Colonies --- Colonial administration --- Public administration --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military rule --- Civil-military relations --- History. --- Administration.

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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