The International Law of Occupation

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 advocates of human rights and self-determination and tested by the numerous occupations of the last two decades - among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface, the author addresses issues arising from the U.S. occupation of Iraq. 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 people under occupation, and 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.

Acknowledgments Overview: The Phenomenon of Occupation 2The Framework of the Law of Occupation Article 43 of the Hague Regulations: A Profile of the Occupant's Role The Concept of Occupation According to Article 43: Past and Present 3Occupations during and after World War I: Early Challenges to the Traditional Law of Occupation The German Occupation of Belgium, 1914-1918 The Armistice Occupation of the Rhineland 4The Second Phase: The Law of Occupation in the Wake of World War II Occupations by the Axis Powers Occupations by the Soviet Union, 1939-1940 The Relevance of the Axis and Soviet Occupations to the Law of Occupation: The Status of Unlawful Occupations Allied Occupations during World War II The Law of Occupation in the Wake of World War II: The Termination of the Normative Force of the Hague Regulations The Fourth Geneva Convention and the Status of the Law of Occupation in 1949 5The Israeli Occupation of the Golan Heights, the West Bank, Gaza, and Sinai The applicability of the Law of Occupation to the Israel-Occupied Territories: Theory and Practice Integration of the Territories with Israel Long-Term Occupations and the Law of Occupation 6Occupations since the 1970s and Recent International Prescriptions Attempts to Annex Adjacent Regions: Kuwait, Western Sahara, and East Timor Assisting an Indigenous Government: Afghanistan, Kampuchea (Cambodia), Grenada, and Panama Self-Determination for Occupied Regions verus the Territorial Integrity of the Occupied State: Bangladesh and Northern Cyprus Limited-Purpose Occupations: The Coalition Occupation of Southern and Northern Iraq and the Israeli Occupation of Southern Lebanon The Law of Occupation That Emerges from Recent Occupations The Law of Occupation in Contemporary International Instruments Conclusion 7Enforcement of the Law of Occupation on the Occupant: Existing Institutions Enforcement through Adjudication Enforcement through Protecting Powers Enforcement through Other International Processes 8Conclusion: The Contemporary Law of Occupation Major Developments That Have Influenced the Law of Occupation The Response to Contemporary Challenges Monitoring the Occupants and Enforcing the Law Bibliography Table of Cases Index