A Century of the Law of Occupation

18 Yearbook of International Humanitarian Law (2014)

Hebrew University of Jerusalem Legal Research Paper No. 08-15

22 Pages Posted: 7 May 2015 Last revised: 25 May 2017

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: May 6, 2015

Abstract

The law of occupation, which was first codified around the turn of the twentieth century, has not often been applied in the century that followed. States have always been reluctant to constrain themselves by its rules, and political, social and economic changes that have taken place through the years have gradually made such constraints difficult even with the best of intentions. As a result, the law of occupation developed largely through doctrine and little through practice. The present article examines how these factors have affected the law of occupation from within and without. From within, it traces the development of the definition of occupation and the legitimate scope of intervention by an occupant in the administration of the territory. From without, it addresses the relationship between the law of occupation and other bodies of law, principally the right to self determination and international human right law; and their impact on the development of criteria for determining the legality of occupation.

Keywords: law of occupation, Geneva Conventions, Hague Regulations, international human rights law, self determination, transformative occupation

Suggested Citation

Ronen, Yael, A Century of the Law of Occupation (May 6, 2015). 18 Yearbook of International Humanitarian Law (2014), Hebrew University of Jerusalem Legal Research Paper No. 08-15, Available at SSRN: https://ssrn.com/abstract=2603032

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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