We use cookies to enhance your experience on our website. By continuing to use our website, you are agreeing to our use of cookies. You can change your cookie settings at any time.
Find out more
Jump to Content
Jump to Main Navigation
User Account
Personal Profile
See all online law products
More
About
Subscriber Services
Guided Tour
FAQs
Help
Contact Us
Search
Browse all
Content type
Case reports
International court decisions
Domestic court decisions
European court cases
Arbitral cases
Commentary and analysis
Book content
Encyclopedia entries
Notes
International instruments and materials
Treaties
Supporting instruments
Institutional rules
Resolutions
Declarations
Model laws
Subject
Air law and law of outer space
Diplomacy and consular relations
European Union
History of international law
Human rights
Immunities
Individuals and non-state actors
International co-operation
International criminal law
International economic law
International environmental law
International humanitarian law
International law and international relations
International organizations
International procedural law
International responsibility
Law of the sea
Law of treaties
Relationship between international and domestic law
Settlement of disputes
Sources, foundations and principles of international law
Statehood, jurisdiction of states, organs of states
Territory
Theory of international law
Use of force, war, peace and neutrality
Author
Geographic region
Geographic Regions
Africa
Americas
Asia
Europe
Oceania
Organization
Organizations/Institutions
American Organizations/Institutions
African Organizations/Institutions
Asian Organizations/Institutions
European Organizations/Institutions
International Organizations/Institutions
Middle Eastern Organizations/Institutions
Pacific Rim Organizations/Institutions
My Content
(0)
Recently viewed
(0)
Save Entry
My Searches
(0)
Recently viewed
(0)
Save Search
Print
Save
Cite
Email this content
Share Link
Copy this link, or click below to email it to a friend
Email this content
or copy the link directly:
https://opil.ouplaw.com/abstract/10.1093/law/9780198861034.001.0001/law-9780198861034-miscMatter-8
The link was not copied. Your current browser may not support copying via this button.
Link copied successfully
Copy link
Sign in
You could not be signed in, please check and try again.
Username
Please enter your Username
Password
Please enter your Password
Forgot password?
Don't have an account?
Sign in via your Institution
You could not be signed in, please check and try again.
Sign in with your library card
Please enter your library card number
View translated passages only
Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Series Editors’ Preface
Contents
List of Abbreviations
Table of Authorities
Treaties and Other Agreements
International Tribunals
European Court of Human Rights (ECtHR)
European Court of Justice (ECJ)
International Arbitration
International Court of Justice (ICJ)
International Criminal Court (ICC) (Cases and Other Official Documents)
International Criminal Tribunal for the Former Yugoslavia (ICTY)
International Military Tribunals, World War II
Israel and the Territories Occupied by Israel
Netherlands
Singapore
Sweden
Switzerland
United Kingdom
United States
Other Documents
Expert Opinions
National and Supranational Documents, Including by Occupation Authorities
UN Resolutions and Documents
Main Text
Introduction
I General
II Neighboring Frameworks and Concepts: Occupation and Fragmentation
Part 1 Concepts and General Frameworks
1 Occupation: History, Normative Framework, Concepts
1.1 Occupation: General Concept
1.2 The Law of Occupation: A (Very) Brief History and Enduring Challenges
1.3 General Normative Framework
1.4 Key Theoretical Aspects
1.4.1 The Authority or Power of the Occupant
1.4.2 Occupation and Sovereignty
1.4.3 Occupation and Temporariness
1.4.4 De Jure and De Facto Annexation
1.4.5 Occupation and Illegality
2 Definition, Beginning, and End of Occupation
2.1 Point of Departure: Article 42 Hague 1907
2.2 Occupation of Whose Territory?
2.2.1 Territories of Other States
2.2.2 “Non-Sovereign” and Disputed Territories
2.3 Occupation of What Territory?
2.3.1 Land, Air, Waters, and Maritime Zones
2.3.2 Allied Territory
2.4 Occupation by Whom?
2.4.1 Coalitions
2.4.2 International Organizations
2.4.3 Proxies
2.4.4 Territorial Control by NSAs
2.5 Conditions for Occupation
2.5.1 Actual or Potential Exercise of Authority
2.5.2 Quality and Quantity of Control
2.5.2.1 Physical Presence?
2.5.2.2 Between Hostilities and Occupation?
2.5.2.3 Scope of Control
2.5.3 Lack of Consent
2.6 The End of Occupation
2.6.1 Symmetrical, Asymmetrical, Binary, and Functional Approaches
2.6.2 The Case of Gaza as an Example
Part 2 The Scope of the Occupant’s Powers and Obligations
3 Maintaining Public Order and Life in Occupied Territories: General Issues and Specific Obligations
3.1 Article 43 Hague
3.1.1 General Issues
3.1.2 The “Local Population”
3.1.3 The Conservationist Principle between Laissez-Faire, the Welfare State, and Neoliberalism
3.2 Enter Article 64 GCIV: Continuity or Change?
3.3 Welfare of the Local Population or Self-Interest? Possible Yardsticks
3.4 Welfare of the Local Population and Nondiscrimination
3.5 The Legislative, Administrative, and Judicial Powers of the Occupant
3.5.1 Legislative and Administrative Powers: General Issues
3.5.2 Administrative Occupation Law?
3.5.3 Courts, Judiciary, and Public Officials
3.6 Specific Obligations toward the Local Population and the Duty to Cooperate with Local Authorities
3.6.1 Specific Obligations: Children, Essential Needs, Humanitarian Access, Cultural Property, and Gender
3.6.2 Cooperation with National and Local Authorities
4 Maintaining Public Order in Occupied Territories: Prolonged and Transformative Occupation
4.1 Prolonged Occupation
4.1.1 Occupation and Time: The Concept and Predicaments of Prolonged Occupation
4.1.2 The Doctrine of “Prolonged Occupation”: Widening the Occupant’s Discretion and The Perils of Doing So
4.1.3 The Doctrine of “Prolonged Occupation”: Increased Participation Rights?
4.2 Transformative Occupation
4.2.1 Definition and Modalities
4.2.2 Reading Transformative Powers into Article 43 Hague
4.2.3 Transformation through the Application of IHRL
4.2.4 Transformation through Disapplication of Article 43 Hague
4.2.5 Transformation through International Mandates
4.2.6 Transforming Boundaries, Demography, Settlements, and Education
5 Security Measures and Military Necessity: Powers and Limitations
5.1 The Occupant’s Security Powers and Their Limits: General Overview
5.2 The Scope of Relevant Security Considerations and Security Means
5.2.1 Scope of Relevant Security Considerations: Between Operational and National Security Needs
5.2.2 Security Considerations and Context: The Wall Cases
5.2.3 The Scope of Administrative Security Means
5.2.4 Proportionality (and Its Critique)
5.3 Specifically Permitted Security Means
5.3.1 Military Courts, Security Offenses, and Punishments
5.3.2 Assigned Residence and Internment (Administrative Detention)
5.4 Protection of Individuals: Specifically Prohibited Measures
5.4.1 Humane Treatment, Fundamental Guarantees, and Nondiscrimination
5.4.2 The Principle of Individual Responsibility: Collective Punishment, Intimidation, Reprisals, and Hostage Taking
5.4.3 Forcible Transfer and Deportation
5.4.4 Starvation, Siege, and Blockade
5.5 Issues Concerning the Resort to Force in Occupied Territories
6 Private and Public Property and Natural Resources
6.1 Protection of Private Property
6.1.1 Prohibitions on Confiscation, Pillage, and Destruction
6.1.2 Requisitions
6.1.3 Expropriation
6.1.4 Seizure
6.1.5 Foreign Property and Investment Agreements (and the Treaties in Occupied Territories)
6.2 Protection of Public Property
6.2.1 Distinguishing between Private and Public Property
6.2.2 State Funds and Movables
6.3 State Real Estate and Natural Resources
6.3.1 Administration and Usufruct
6.3.2 Safeguarding the Capital
6.3.3 Use of Resources: Permitted Purposes and Consequences of Prohibited Extraction or Use
6.3.4 Shared Resources
7 Basic Issues in Economic Administration of Occupied Territories
7.1 Taxation and Military Contributions
7.1.1 Taxation
7.1.2 Military Contributions
7.2 Regulation of Trade and Liberalization
7.3 Integration
7.4 Currency
7.4.1 Regulation of Local Currency
7.4.2 Introduction of the Occupant’s Own Currency
7.4.3 Introduction of New Currency
Concluding Thoughts: The Present and Future of the Law of Occupation
Further Material
Suggested Recent Monographs in English
Index
Sign up for alerts
Table of Authorities
From:
Occupation in International Law
Eliav Lieblich, Eyal Benvenisti
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Elements of International Law
Published in print:
01 December 2022
ISBN:
9780198861034
Prev
|
Next
[3.214.184.223]
3.214.184.223