The International Law of Belligerent Occupation

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.

About the Author

Yoram Dinstein is Professor Emeritus at Tel-Aviv University. He is a former President of the University (1991–8), as well as former Rector and former Dean of the Faculty of Law. He served twice as the Charles H. Stockton Professor of International Law at the US Naval War College in Newport, RI. He was also a Humboldt Fellow at the Max Planck Institute of International Law in Heidelberg, Germany, a Meltzer Visiting Professor of Law at New York University and a visiting Professor of Law at the University of Toronto. He is a Member of the Institute of International Law.