Includes bibliographical references (pages 277-314) and index.
Contents:
1. Scope of the Book; 2. The Hostile Character of Occupation as Reflected by the Law of Occupation; 3. The Applicability of Jus ad Bellum and Self-Defence; 4. Armed Resistance against the Occupying Power in International Law; 5. Law Enforcement and Conduct of Hostilities in Occupied Territory; 6. The Regulation of the Use of Armed Force in Occupied Territory in Light of the Right to Life; 7. General Conclusions.
Summary:
"This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals"-- Provided by publisher. "In 2011, the ICRC attempted to attract attention to the issue of the use of armed force in occupied territories, affirming that '[a]nother challenge raised by recent examples of occupation is the identification of the legal framework governing the use of force by an occupying power. [...] [T]here is a need to clarify how the rules governing law enforcement and those regulating the conduct of hostilities interact in practice in the context of an occupation.'2 The purpose of this book is to clarify the legal framework regarding the use of armed force in occupied territory. Such a legal analysis appears even more necessary now since, in December 2017, during the very weeks in which this book has been finalised, violence has resumed once again in the OPT3 as a response to the US decision to recognise Jerusalem as the Israeli capital"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.