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The Use of Armed Force in Occupied Territory

$120.00 (C)

  • Date Published: November 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781108473415

$ 120.00 (C)

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About the Authors
  • 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.

    • Provides the first detailed analysis of the ways in which armed force may be employed in occupied territory
    • Provides an accurate assessment of state practice and opinio juris beyond the usual examples of occupied territories
    • Offers a comprehensive analysis of an underexplored topic, taking into account all the relevant international law regimes
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    Reviews & endorsements

    ‘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 of 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, Journal of Conflict & Security Law

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    Product details

    • Date Published: November 2018
    • format: Hardback
    • isbn: 9781108473415
    • length: 342 pages
    • dimensions: 235 x 157 x 23 mm
    • weight: 0.62kg
    • availability: Available
  • Table of Contents

    Preface Eyal Benvenisti
    1. Scope of the book
    2. The hostile character of occupation as reflected by the law of occupation
    3. The applicability of jus ad Bellum and self-defence
    4. Armed resistance against the occupying power in international law
    5. Law enforcement and conduct of hostilities in occupied territory
    6. The regulation of the use of armed force in occupied territory in light of the right to life
    7. General conclusions.

  • Author

    Marco Longobardo, University of Westminster
    Marco Longobardo is a Research Fellow in Public International Law at the University of Westminster, where he also teaches public international law, international human rights law, and other related subjects. He undertook his doctoral studies at the Sapienza University of Rome and previously lectured at the University of Messina. He has published extensively on public international law issues in international peer-reviewed journals such as the Journal of International Criminal Justice, the Heidelberg Journal of International Law, and the Netherlands International Law Review.

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