The International Law of Occupation

Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by advocates of human rights and self- determination and tested by the numerous occupations of the last two decades--among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface the author addresses issues arising from the U.S. occupation of Iraq.

Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, and of other states and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.