The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea, but the paradigmatic illustration is the Israeli occupation.
The phenomenon is not new, and it is global. Still, numerous controversial points remain. How is belligerent occupation defined? What is the interaction with human rights law? Who is protected under belligerent occupation? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory?
This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population. This second edition updates the text especially in terms of State practice, case law and doctrinal discourse, referring extensively to legislation adopted by the Coalition Provisional Authority during the short formal occupation of Iraq, and deals with other occupations.
