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The Writing on the Wall

The Writing on the Wall
Rethinking the International Law of Occupation

£79.99

  • Date Published: April 2017
  • availability: In stock
  • format: Hardback
  • isbn: 9781107145962

£ 79.99
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About the Authors
  • As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.

    • Offers a critical discussion of the law of occupation and its legitimizing role, providing readers with a critical analysis of law rather than just a description
    • Provides a detailed legal history of the Israeli occupation of the Occupied Palestinian Territory, giving readers the necessary background to the conflict
    • Discusses the role of the law of occupation in a comparative perspective, allowing readers to see an analysis of occupation in other territories
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    Reviews & endorsements

    'Developed in the 19th century as a temporary device to protect civilians, the law of occupation has more recently revealed a tendency to turn into a lasting instrument of disciplining populations. Under a humanitarian pretence, military rule slides into colonial sovereignty. In this insightful work Aeyal Gross discusses cases such as Iraq, Afghanistan, Tibet, and Crimea, and especially the long-standing occupation of Palestine, in order to reveal the paradoxes and hypocrisies of the law of occupation. His critique is sharp and incisive but also sympathetic and oriented from a purely conceptual to a more openly normative reading of the law. This is a wonderful reflection of the limits and possibilities of using a traditional legal concept in a changed world of complex international conflict.' Martti Koskenniemi, author of The Gentle Civilizer of Nations: The rise and fall of international law 1870-1960

    'The struggle for human rights and the enforcement of international humanitarian law must also include, this book strongly testifies, a profound mediation on the juridical, ethical and political foundation of these framework and a critical account of their limits and legitimizing effects. It is only rarely that a book with a potential to completely reframe our understanding of its subject matter emerges. This book does nothing less than reconceptualise our understanding of the legal reality of 'occupation' - with discussion primarily on the Israeli occupation of Palestine, but also on other occupations such as the American occupation of Iraq and with implications relevant to rethinking situations in many places world wide. It is at once a major intervention by one of legal studies most original scholars, and an indispensable resource for lawyers and non lawyers, accessibly written by a public intellectual whose activism always followed his scholarship.' Eyal Weizman, Goldsmiths, University of London

    'On every level - theory, ethics, law, politics - The Writing on the Wall's rethinking of the law of occupation is both urgent and long-overdue. Confronting cutting-edge debates in a wide array of fields, Gross unflinchingly develops a bold and innovative framework, which will make this book the indispensable starting-point for all future discussions.' Nathaniel Berman, Rahel Varnhagen Professor of International Affairs, Law, and Modern Culture, Brown University

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    Product details

    • Date Published: April 2017
    • format: Hardback
    • isbn: 9781107145962
    • length: 458 pages
    • dimensions: 235 x 158 x 28 mm
    • weight: 0.75kg
    • contains: 1 table
    • availability: In stock
  • Table of Contents

    Introduction
    1. The ends and fictions of occupation: between fact and norm
    2. The indeterminacy of occupation: from conceptualism to the functional approach
    3. Indeterminacy and control in the Occupied Palestinian Territory
    4. The construction of a wall between The Hague and Jerusalem: humanitarian law or a Fata Morgana of humanitarian law
    5. The securitization of human rights: are human rights the emperor's new clothes of the international law of occupation?

  • Author

    Aeyal Gross, Tel-Aviv University
    Professor Aeyal Gross teaches at the Faculty of Law, Tel-Aviv University. He also teaches regularly as a guest at the School of Oriental and African Studies, University of London. His research and writing focuses on international human rights law and international humanitarian law. He has previously published a comparative study, co-edited with Colleen Flood, entitled The Right to Health at the Public/Private Divide (Cambridge, 2014).

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