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Topic: Belligerent occupation

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In the News (Thu 23 May 19)

  Wikinfo | Belligerent occupation
Belligerent or military occupation occurs when one nation's military garrisons all or part a foreign nation during an invasion or after a war.
The Hague Convention of 1907 and the customary laws of belligerent occupation govern belligerent occupation in international law.
Significant occupations include Israel's occupation of the West Bank, Israeli-Palestinian conflict and occupation of Iraq by the United States and its allies, U.S.-led occupation of Iraq.
www.wikinfo.org /wiki.php?title=Belligerent_occupation   (242 words)

 AFM 27-10 Chptr 6 Occupation
Belligerent occupation in a foreign war, being based upon the possession of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in the occupying power.
The law of belligerent occupation generally ceases to be applicable under the conditions set forth in paragraphs 353 and 360.
Military and civilian personnel of the occupying forces and occupation administration and persons accompanying them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration.
www.geocities.com /CapitolHill/Senate/3616/AFM_27-10_CHAPTER_6.html   (7474 words)

 JURIST - Corn: The Viability of Using Military Courts to Enforce Law in Post-War Iraq
Thus, the law of belligerent occupation envisions a process whereby an occupying commander, serving as the de facto governor of an occupied area, establishes a legal “code of conduct” for the inhabitants of the occupied area, intended to protect the interests of both the occupying forces and the local inhabitants.
The occupation provisions of the Fourth Geneva Convention, drafted in the aftermath of the Second World War by delegations from many nations that suffered under Axis occupation, represented a marked departure from past practice in the detail in which the rules of occupation were articulated.
In the case of a belligerent occupation, such a power would be responsible for monitoring compliance with the law by the occupying power, and advocating on behalf of the indigenous population when there rights under the law of war were jeopardized.
jurist.law.pitt.edu /forum/forumnew111.php   (3418 words)

When territory is occupied by a belligerent questions arise not only as to how the occupier may and must comport itself, and the rights and duties of the inhabitants, but also as to the absolute legal status of the territory and the people resident therein.
When sovereignty passes, belligerent occupation, as such, of course ceases, although the territory may and usually does, for a period at least, continue to be governed by military agencies.
We consider these territories to be under occupation and that Israel is obliged to administer them under the terms of the Fourth Geneva Convention, which prohibits forcible deportations, detention without trial, destruction of property, denial of access to food, health and education, and settlement by the occupying power of its own civilians in occupied territory.
lawofwar.org /Occupation.htm   (5188 words)

The de facto usage that Israel made of aspects of Belligerent Occupation Law is akin to the Americans voluntarily using aspects of the Human Rights law involved in the Geneva Convention for prisoners of war for her prisoners in the Guantanamo Bay but they are not considered to be prisoners of war.
But he keeps repeating that the right for dense Jewish settlement in Western Palestine is not dependent on the law of belligerent occupation but on other "formidable bases of title", i.e., other principles of international law to which the justices of the supreme court did not have to refer to when ruling on requisitions.
"Belligerent Occupation" (with which Stone deals in Discourse 1 of his book) and Article 49(6) of the 4 Geneva Convention (with which Stone deals in Discourse 2 of his book), have been, and are still, the two major "code slogans" invoked in order to claim that Jewish settlement in Yesha is illegal in international law.
www.think-israel.org /shifftan.belligerentoccupation.html   (3781 words)

 Military occupation - Wikipedia, the free encyclopedia
Belligerent military occupation occurs when one nation's military occupies all or part of the territory of another nation or recognized belligerent during an invasion (during or after a war).
There have long been customary laws of belligerent occupation as part of the laws of war which gave some protection to the population under the military occupation of a belligerent power.
In 1949 these laws governing belligerent occupation of enemy territory were further extended by the adoption of the Fourth Geneva Convention (GCIV).
en.wikipedia.org /wiki/Military_occupation   (1023 words)

 Amnesty International - Library - Iraq: Responsibilities of the occupying powers
One key aim of the international rules on belligerent occupation is to enable the inhabitants of an occupied territory to pursue as "normal" a way of life as possible in such circumstances.
The provisions of the law on belligerent occupation are found in international humanitarian law, also known as the laws of war or the laws on armed conflict.
The sole criterion for deciding the applicability of the law on belligerent occupation is drawn from facts: the de facto effective control of territory by foreign armed forces coupled with the possibility to enforce their decisions, and the de facto absence of a national governmental authority in effective control.
www.mafhoum.com /press5/141S28.htm   (4887 words)

 Crimes of War
War crimes, crimes against humanity, genocide, and aggression committed prior to or during the course of the conflict are prosecuted in accordance with the principles of international criminal law.
Occupation authorities may, however, “control” property when necessary to keep it from being used by enemy forces or to prevent other uses that threaten them.
Occupation formally ends with the reestablishment of a legitimate government (or other form of administration, such as that by the U.N.) capable of adequately and efficiently administering the territory.
www.crimesofwar.org /print/onnews/iraq5-print.html   (2391 words)

 International Law: Military occupation of Iraq: IHL and and the maintenance of law and order   (Site not responding. Last check: 2007-11-03)
The law of belligerent occupation is perhaps one of the oldest and today the most developed branch of international humanitarian law (IHL).
Conversely, the occupying power is subject to a series of obligations pertaining to the administration of the territories it occupies and the population it controls as a substitute and caretaker for the national authorities.
Occupation ends whenever one of the conditions of occupation is no longer met.
electroniciraq.net /cgi-bin/artman/exec/view.cgi/14/660   (1884 words)

 HRW: The War in Iraq and International Humanitarian Law - Frequently Asked Questions on Occupation (FAQ), May 8, 2003
2) Occupation is considered a transitory phase in which the rights of the population must be respected by the occupying power until formal authority is restored.
The occupying power may requisition food and medical supplies for occupation forces and administrative personnel so long as the needs of the civilian population have been taken into account and fair payment is made.
Belligerent occupation ends when control by the occupying power is no longer exercised.
www.hrw.org /campaigns/iraq/ihlfaqoccupation.htm   (2279 words)

Benvenisti defines occupation as "the effective control of a power (be it one or more states or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the volition of the sovereign of that territory" (p.
Traditional works on belligerent occupation tended to reflect solely the Hague Regulations, and to be strictly legal in orientation; newer ones have generally consisted only of narrow historical or legal analyses of specific occupations.
Later, in his discussion of World War II occupations, he admits that "there is sufficient ground to claim that in light of the recurring disregard of the law of occupation, the Hague Regulations had lost their legal authority by the end of the war" (p.
www.unt.edu /lpbr/subpages/reviews/benvenis.htm   (1134 words)

 Attorney Lynda Brayer: An "Out-Insider" in Israel's Legal System
Specifically, she utilizes international law's concept of "belligerent occupation" to challenge the legitimacy of what she terms the "Mad Hatter's teaparty" of Israeli occupation rule.
The laws of war governing belligerent occupation are the Hague Regulations of 1907 and protection of civilians provided by the Fourth Geneva Convention of 1949.
Thus Israel is both subject to, and not subject to, the laws of belligerent occupation.
www.washington-report.org /backissues/0793/9307057.htm   (1180 words)

 Al-Mezan Center for Human Rights   (Site not responding. Last check: 2007-11-03)
The belligerent Israeli Occupation Forces have continued to use excessive and lethal force against the Palestinian civilians in the Occupied Palestinian Territories.
The belligerent Israeli Occupation Forces have continued to impose the comprehensive closure on the Occupied Palestinian Territories, isolating them from the rest of the world on one hand and separating them from each other on the other hand.
The belligerent Israeli Occupation Forces continue to close Salah Addeen road, the main road that connects the southern provinces of the Gaza Strip with the northern ones.
www.mezan.org /site_en/press_room/press_detail.php?id=248   (1260 words)

 Taiwan Status   (Site not responding. Last check: 2007-11-03)
Any cession by conquest from belligerent occupation by USMG can be used for any colonial status of the Insular Cases of 1900.
In these circumstances the occupation of Formosa by Communist forces would be a direct threat to the security of the Pacific area and to United States forces performing their lawful and necessary functions in that area.
This FM is still legally in effect and a 1945 updated version was noted in military commission case law of 1945 for a Japanese General under territorial jurisdiction of a self-governing dominion of the Tyding-McDuffy Act of 1934 and 1898 Treaty of Paris.
www.geocities.com /taiwanstatus/taiwanstatus   (6602 words)

 SSRN-Ignorance is Not Bliss: The Law of Belligerent Occupation and the U.S. Invasion of Iraq by David Glazier
Occupation law has practical roots in Napoleon's disastrous experiences in the Peninsula Campaign as well as the U.S. Army's successful operations in Mexico in 1847-48.
Had modern U.S. policy-makers recognized the practical foundation of occupation law and given its requirements due weight in the invasion planning process, it is quite likely that subsequent events in Iraq would have turned out more favorably and the overall costs of the conflict would have been substantially lower.
Glazier, David W., "Ignorance is Not Bliss: The Law of Belligerent Occupation and the U.S. Invasion of Iraq".
papers.ssrn.com /sol3/papers.cfm?abstract_id=804784   (369 words)

 September 2000 Clashes Information Center - Press Releases 26 October 2000   (Site not responding. Last check: 2007-11-03)
The occupation forces also specifically targeted civilian houses in Rafah; which caused damages to houses far from the clashes, the Canada refugee camp and Tal Assultan areas, aside from the daily targeting of the civilian houses situated in the neighborhood of Salah Eddin Gate and Tel Zu’rob.
The Israeli occupation forces opened fire on Palestinian demonstrators in the two areas of clashes and wounded four of them with live ammunition, three of whom are in critical condition.
The Israeli occupation forces have stationed tanks and armored vehicles on the main road between the north of the Gaza Strip and its south (Salah El-Din street), and have established military roadblocks on the mentioned road.
www.addameer.org /september2000/pressreleases/saturday28october.html   (4117 words)

 The Use of Hydrocarbon Resources under Belligerent Occupation – The Question of the Iraqi Oil   (Site not responding. Last check: 2007-11-03)
It is important to notice that it is completely irrelevant with regard to the applicability of the rules of belligerent occupation whether the act of occupation, the use of force and how hostilities were conducted are consistent with international law.
The purpose of legitimate requisition of private moveable property must be to support the military forces of the occupying power engaged in the occupation and the occupant must ensure that the requisition is proportionate and does not exceed the level of what a country can bear.
Under no circumstances is the use of hydrocarbon resources for the benefit of the home economy of the occupying powers or another theatre of war permissible and moreover a disproportionate exploitation of immovable natural resources which significantly reduces the capital of these properties is inconsistent with the object and purposes of Art.
www.jha.ac /articles/a132.htm   (3288 words)

 US Labor Against the War : The Law of Belligerent Occupation
These laws come into effect as soon as territory is occupiedby adversary forces, that is, when the government of the occupied territory is no longer capable of exercising its authority, and the attacker is in a position to impose its control over that area.
Real or personal property must not be destroyed during an occupation unless absolutely necessary.Pillage, which is looting by occupation troops, is strictly forbidden, as is any reprisal against property of the inhabitants.
Occupation authorities may, however, controlproperty when necessary to keep it from being used by enemy forces or to prevent other uses that threaten them.
www.uslaboragainstwar.org /article.php?id=577   (2776 words)

 ASIL Insights: Israeli High Court Decision on Location of West Bank Barrier
In its 52-page landmark decision, the High Court recognized that according to the laws of belligerent occupation, the Occupant may confiscate private property and use public property to build the wall for military purposes.
Israel) the High Court held that according to the laws of belligerent occupation, Israel may not build settlements in the Occupied Territories for political or ideological purposes.
Since the Occupant is not the sovereign in the occupied territories, his discretion is limited by the laws of belligerent occupation and the principles of Israeli administration law.
www.asil.org /insights/insigh140.htm   (968 words)

 JMCC / Research
International law enables the belligerent occupying power to issue certain regulations but only under two conditions: If the security of the occupying forces necessitates new legislation or if new regulations are required in the interests of the civilian population.
Israel's occupation has continued in contravention of United Nations Security Council Resolution 242 (1967), which recognized that the West Bank and Gaza Strip were indeed `occupied' and demanded, among other things, that Israel withdraw its forces.
In the 25 years of occupation which have followed every change of policy or priority on the part of the Israeli authorities has been accompanied by a military order.
www.jmcc.org /research/reports/military.htm   (1612 words)

 [No title]
Under the laws of war, sovereignty is never transferred from the defeated sovereign such as Iraq to a belligerent occupant such as the United States.
This is made quite clear by paragraph 353 of U.S. Army Field Manual 27-10 (1956): "Belligerent occupation in a foreign war, being based upon the possession of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in the occupying power.
Only when that U.S. belligerent occupation of Iraq is factually terminated can the people of Iraq have the opportunity to exercise their international legal right of sovereignty by means of free, fair, democratic, and uncoerced elections.
www.informationclearinghouse.info /article11367.htm   (1492 words)

 Arutz Sheva - Israel National News   (Site not responding. Last check: 2007-11-03)
It was reported Tuesday in the press that the Israeli state has rejected settlers' appeals against the uprooting, because the state argues that the areas of Judea, Samaria and Gaza (Yesha) have been held by Israel since the Six Day War in "belligerent occupation".
As a gesture of a good will, it applied conditions associated with belligerent occupation and the Geneva Convention.
But all along, Israel itself, including the justices of Israel's own Supreme Court, as well as all experts of international law, were stressing again and again that Jewish national rights in Western Palestine were not based on "belligerent occupation", but on other principles of international law.
www.israelnationalnews.com /article.php3?id=4925   (518 words)

 September 2000 Clashes Information Center - Press Releases 13 December 2000   (Site not responding. Last check: 2007-11-03)
Al Mezan The massacre continues: Since the 1st of December, the belligerent Israeli Occupation Forces kill 27 Palestinians, injure hundreds, and bulldoze 500 dunums of agricultural land.
It is worth mentioning that the belligerent Israeli Occupation Forces asked the residents of these houses to evacuate them.
The belligerent Israeli Occupation Forces continued to destroy houses and bulldoze agricultural lands owned by Palestinians in the Occupied Territories.
www.addameer.org /september2000/pressreleases/wednesday13december.html   (1631 words)

 pg_0040   (Site not responding. Last check: 2007-11-03)
that is considered an occupation, and triggers the application of the Convention.
territory before the occupation, or any other entity that may have a claim on this.
This particularly applies to claims laid by the belligerent occupant on the occupied territory.
www.mopic.gov.ps /seperation_wall/public_hearing/pg_0040.htm   (373 words)

 Gov’t says Yesha under belligerent occupation   (Site not responding. Last check: 2007-11-03)
The government of Prime Minister Ariel Sharon this week insisted Judea, Samaria and the Gaza Strip (Yesha) were under belligerent Israeli occupation as it worked to thwart a High Court petition by Jewish settlers stating their rights were to be violated by the “disengagement” plan.
The Jews of Gaza and northern Samaria insist their basic human right to live where they choose without regard to religion or race would be violated when Sharon’s government comes to forcibly uproot them this summer.
As such, the settlers have “no grounds for claiming today that they thought they were going to live within the boundaries of the State of Israel” when they took up residence in these areas, explained the two attorneys.
www.jnewswire.com /articles/print/348   (465 words)

 Palestine-UN.org   (Site not responding. Last check: 2007-11-03)
Thirdly, the Israeli occupation is unique because it has effectively transformed the situation in the Occupied Palestinian Territory, including Jerusalem, from one of "normal" occupation to one of active expansion and annexation, i.e.
As such, Israel is under legal obligation to comply fully with the Conventions and to implement their provisions when called for, as in the case of its belligerent occupation of the Palestinian Territory, including Jerusalem and the rest of the Arab territories occupied in 1967.
The occupation of territory during war does not confer upon the occupying Power "state authority" over the population of the occupied territory or over the occupied territory itself.
www.palestine-un.org /tenth/paper.html   (13422 words)

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