The International Law of Occupation

ISBN: 9780199588893 出版年：2012 页码：410 Benvenisti, Eyal Oxford University Press

Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by emerging emphases on human rights and self-determination and by the numerous occupations of the last two decades - among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address these issues, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, of other states, and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.