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The Use of Armed Force in Occupied Territory
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Book description

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.


‘Marco Longobardo's book demonstrates that while many of the post-WWII occupations are contested between the States involved, the jus ad bellum and self-defence, international humanitarian law and human rights law provide generally binding rules for the use of force. A particular strength of this book is thorough analysis of conventional law, custom, and jurisprudence combined with a sound assessment of the differences between law enforcement and the conduct of hostilities.'

Dieter Fleck - Former Director International Agreements and Policy of the German Ministry of Defence, Member of the Advisory Board of the Amsterdam Center for International Law

‘The law governing occupation may seem to be ‘a sort of relic of another time', to borrow Dr Longobardo's words, but despite the evolution of international law it unfortunately still remains relevant. In a sense, this is the ultimate protection of human rights, where the occupying state must ensure rights and freedoms not of its own population but in a place where its presence, if legitimate at all, can only be temporary. Dr Longobardo's fine analysis of the use of armed force, especially through the lens of the human right to life, is a masterful scholarly contribution'

William A. Schabas - Middlesex University, London and Universiteit Leiden, The Netherlands

'This book is an achievement and one that will surely be a reference for years to come.'

Caleb H. Wheeler Source: Journal of Conflict & Security Law

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