Full Description
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.
Contents
Preface Eyal Benvenisti; 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.
