The International Law of Occupation

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: OUP Oxford

Published: 2012-02-23

Total Pages: 416

ISBN-13: 0191639575

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The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.


Civilians at the Sharp End

Civilians at the Sharp End

Author: David A. Borys

Publisher: McGill-Queen's Press - MQUP

Published: 2021-02-18

Total Pages:

ISBN-13: 0228006503

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Mitigating the destruction and chaos wrought upon the civilian populations of northwest Europe during the latter years of the Second World War became the focus of Civil Affairs, a little-known branch of the First Canadian Army. Comprising a motley collection of civilians-turned-soldiers – too old for combat yet too valuable to remain off the front lines – the members of Civil Affairs served as liaisons between Canadian combat forces and the civilians they encountered on the ground. Civilians at the Sharp Endfollows the story of the Civil Affairs branch through France, Belgium, the Netherlands, and Germany in 1944-45. David Borys highlights how Civil Affairs helped civilians caught in the jaws of war by delivering food and medicine, providing shelter for refugees and displaced persons, establishing law and order, dealing with resistance groups, and aiding in the reconstruction of infrastructure in damaged urban areas. Once in Germany the branch was further challenged as it transformed into a military government and became a force of occupation, rehabilitating a war-torn Germany and purging the state of its Nazi leadership, while at times having to protect German civilians from the recently liberated prisoners of the Nazi state. Borys demonstrates that while the Canadian Army was indeed concerned for the welfare of civilians, military operations took priority over civilian needs. Civil Affairs was forced to negotiate this complex terrain, assisting civilian populations while ensuring that they never impeded the work of the Canadian military and the ultimate defeat of Nazi Germany.


The Law of War

The Law of War

Author: William H. Boothby

Publisher: Cambridge University Press

Published: 2018-03-29

Total Pages: 481

ISBN-13: 1108427588

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A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.


Civil Affairs

Civil Affairs

Author: Harry Lewis Coles

Publisher:

Published: 1964

Total Pages: 960

ISBN-13:

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A documentary history with brief narrative introductions illustrating the evolution of civil affairs policy and practice in the Mediterranean and European theaters.


The Perils of Peace

The Perils of Peace

Author: Jessica Reinisch

Publisher: Oxford University Press, USA

Published: 2013-06-20

Total Pages: 337

ISBN-13: 0199660794

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An archive-based study examining how the four Allies - Britain, France, the United States and the Soviet Union - prepared for and conducted their occupation of Germany after its defeat in 1945. Uses the case of public health to shed light on the complexities of the immediate post-war period.