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"Military Occupation"
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A History of Military Occupation from 1792 To 1914
An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.
eBook
The Legality of Economic Activities in Occupied Territories
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights.
Providing a multi-level overview of relevant practices, policies and cases, the book is divided into three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regard to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard.
The book will appeal to academics, practitioners and policy-makers alike.
eBook
Beyond borders and blockades: human trafficking risks among vulnerable Palestinian populations under occupation
This article explores the nexus between political occupation, economic marginalization, and the risk of human trafficking in the occupied Palestinian territory (oPt). It argues that the ongoing Israeli occupation and blockade, particularly of Gaza and Area C of the West Bank, have entrenched structural vulnerabilities that increase exposure to exploitation and trafficking, most significantly of women, children, and unregistered workers. The catastrophic escalation following October 7, 2023, has intensified these vulnerabilities to unprecedented levels, creating an acute humanitarian crisis that compounds trafficking risks. Adopting a combined analytical and legal approach, the study utilizes human rights reports, national legislation, and international conventions. The findings indicate that state fragility, fragmented governance, extreme poverty, and the impacts of occupation create fertile ground for labor exploitation, forced displacement, and survival trafficking. The article critiques international anti-trafficking and counterterrorism policies for their decontextualized, criminalized approach, which often ignores the political and colonial histories of occupied lands. It concludes by calling for a rights-oriented, contextualized approach that addresses the structural vulnerabilities arising from occupation and blockade while strengthening national law and international judicial assistance.
Journal Article
What life is like under military occupation in the West Bank
Since Hamas's deadly attack on Oct. 7, Israel has increased arrests, raids and restricted movement in the West Bank.
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THE STATUS OF GAZA AS OCCUPIED TERRITORY UNDER INTERNATIONAL LAW
The traditional effective control test for determining the existence of a belligerent occupation requires boots on the ground. However, the evolution of the international law of occupation and the emergence of complex situations, particularly of a technological nature, necessitate a functional approach that protects the rights of occupied populations. The political, historical and geographical conditions of Gaza allow Israel to exert effective remote control. Despite the disengagement of Israel from Gaza in 2005 and the assumption of military and political authority by Hamas, this article argues that Israel nonetheless continues to be in effective occupation of the Gaza Strip on the basis of the following grounds: (1) the relatively small size of Gaza in connection with the technological superiority of the Israeli air force allows Israeli boots to be present in Gaza within a reasonable response time; (2) Hamas's authority and armed resistance do not impede the status of occupation; (3) the long pre-disengagement occupation and close proximity between Israel and Gaza (geography) allow for the remote exercise of effective control; and (4) all imports, exports in and out of Gaza, and any movement of persons are fully controlled and regulated by Israel.
Journal Article