The Use of Armed Force in Occupied Territory

Explores the use of armed force in occupied territory under different international law branches.

Marco Longobardo (Author)

9781108461498, Cambridge University Press

Paperback / softback, published 27 February 2020

350 pages
23 x 15.2 x 1.6 cm, 0.5 kg

'The Use of Armed Force in Occupied Territory is an original, comprehensive, and professional study of the various aspects of the law of occupation. What seemed most attractive to me in this book and what I greatly enjoyed when reading the book is the courage of the Author to express new ideas, sometimes to divert from conventional understandings of the law of occupation, and to interpret existing norms in taking into account the new realities on the ground and State practices in the world we live in without ever forgetting the objective and purpose of those norms. Marco Longobardo's Book is therefore a highly welcome contribution to the scientific literature that will be used as a point of reference for many years to come.' Saba Pipia, Levan Alexidze Journal of International Law

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.

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.

Subject Areas: Military & defence law [LNDK], International human rights law [LBBR], Public international law [LBB], International law [LB], Law [L], Military administration [JWJ]