Download or read book The Use of Armed Force in Occupied Territory written by Marco Longobardo and published by Cambridge University Press. This book was released on 2018-10-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the use of armed force in occupied territory under different international law branches.
Download or read book Occupying Power written by Sarah Kovner and published by Stanford University Press. This book was released on 2012-02-08 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year was 1945. Hundreds of thousands of Allied troops poured into war-torn Japan and spread throughout the country. The effect of this influx on the local population did not lessen in the years following the war's end. In fact, the presence of foreign servicemen also heightened the visibility of certain others, particularly panpan—streetwalkers—who were objects of their desire. Occupying Power shows how intimate histories and international relations are interconnected in ways scholars have only begun to explore. Sex workers who catered to servicemen were integral to the postwar economic recovery, yet they were nonetheless blamed for increases in venereal disease and charged with diluting the Japanese race by producing mixed-race offspring. In 1956, Japan passed its first national law against prostitution, which produced an unanticipated effect. By ending a centuries-old tradition of sex work regulation, it made sex workers less visible and more vulnerable. This probing history reveals an important but underexplored aspect of the Japanese occupation and its effect on gender and society. It shifts the terms of debate on a number of controversies, including Japan's history of forced sexual slavery, rape accusations against U.S. servicemen, opposition to U.S. overseas bases, and sexual trafficking.
Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Download or read book The Law of Occupation written by Yutaka Arai and published by BRILL. This book was released on 2009 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Download or read book Occupied Territory written by Simon Balto and published by UNC Press Books. This book was released on 2019-03-05 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In July 1919, an explosive race riot forever changed Chicago. For years, black southerners had been leaving the South as part of the Great Migration. Their arrival in Chicago drew the ire and scorn of many local whites, including members of the city's political leadership and police department, who generally sympathized with white Chicagoans and viewed black migrants as a problem population. During Chicago's Red Summer riot, patterns of extraordinary brutality, negligence, and discriminatory policing emerged to shocking effect. Those patterns shifted in subsequent decades, but the overall realities of a racially discriminatory police system persisted. In this history of Chicago from 1919 to the rise and fall of Black Power in the 1960s and 1970s, Simon Balto narrates the evolution of racially repressive policing in black neighborhoods as well as how black citizen-activists challenged that repression. Balto demonstrates that punitive practices by and inadequate protection from the police were central to black Chicagoans' lives long before the late-century "wars" on crime and drugs. By exploring the deeper origins of this toxic system, Balto reveals how modern mass incarceration, built upon racialized police practices, emerged as a fully formed machine of profoundly antiblack subjugation.
Download or read book The Functional Beginning of Belligerent Occupation written by Michael Siegrist and published by Graduate Institute Publications. This book was released on 2011-04-15 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)
Download or read book The One China Policy State Sovereignty and Taiwan s International Legal Status written by Frank Chiang and published by Elsevier. This book was released on 2017-11-21 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. - Responds to a key international issue of our time - Takes a legal perspective on Taiwan and the One-China policy - Considers the definition of a nation State from first principles, also offering new definitions - Applies international law on territory to draw conclusions on Taiwan and its relation to the People's Republic of China - Systematically critiques the role of the UN and other global actors in relation to Taiwan
Download or read book The Law of War written by William H. Boothby and published by Cambridge University Press. This book was released on 2018-03-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Encyclopedia of International Media and Communications written by Donald H. Johnston and published by San Diego, Calif. : Academic Press. This book was released on 2003 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ways that editorial content--from journalism and scholarship to films and infomercials--is developed, presented, stored, analyzed, and regulated around the world. Provides perspective and context about content, delivery systems, and their myriad relationships, as well as clearly drawn avenues for further research.
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Occupational Hazards written by David M. Edelstein and published by Cornell University Press. This book was released on 2010 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edelstein elucidates the occasional successes of military occupations and their more frequent failures through 26 cases since 1815 in which an outside power seized control of a territory where the occupying party had no long-term claim on sovereignty.
Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Download or read book Protection of Civilians written by Haidi Willmot and published by Oxford University Press. This book was released on 2016 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
Download or read book The One State Condition written by Ariella Azoulay and published by Stanford University Press. This book was released on 2012-11-28 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the occupation of Palestinian territories in 1967, Israel's domination of the Palestinians has deprived an entire population of any political status or protection. But even decades on, most people speak of this rule—both in everyday political discussion and in legal and academic debates—as temporary, as a state of affairs incidental and external to the Israeli regime. In The One-State Condition, Ariella Azoulay and Adi Ophir directly challenge this belief. Looking closely at the history and contemporary formation of the ruling apparatus—the technologies and operations of the Israeli army, the General Security Services, and the legal system imposed in the Occupied Territories—Azoulay and Ophir outline the one-state condition of Israel/Palestine: the grounding principle of Israeli governance is the perpetuation of differential rule over populations of differing status. Israeli citizenship is shaped through the active denial of Palestinian citizenship and civil rights. Though many Israelis, on both political right and left, agree that the occupation constitutes a problem for Israeli democracy, few ultimately admit that Israel is no democracy or question the very structure of the Israeli regime itself. Too frequently ignored are the lasting effects of the deceptive denial of the events of 1948 and 1967, and the ways in which the resulting occupation has reinforced the sweeping militarization and recent racialization of Israeli society. Azoulay and Ophir show that acknowledgment of the one-state condition is not only a prerequisite for considering a one- or two-state solution; it is a prerequisite for advancing new ideas to move beyond the trap of this false dilemma.
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
