The Law of Occupation (International Law in Japanese Perspective)

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework. Analyses The Historical Evolution Of The Laws Of Occupation As A Special Branch Of International Humanitarian Law (ihl), Focusing On The Extent To Which This Body Of Law Has Been Transformed By Its Interaction With The Development Of International Human Rights Law. It Argues That A Large Part Of The Laws Of Occupation Has Proved To Be Malleable While Being Able To Accommodate Changing Demands Of Civilians And Any Other Persons Affected By Occupation In Modern Context. Its Examinations Have Drawn Much On Archival Research Into The Drafting Documents Of The Instruments Of Ihl, Including The Aborted Brussels Declaration 1874, The 1899/1907 Hague Regulations, The 1949 Geneva Conventions And The 1977 Additional Protocol I. After Assessing The Complementary Relationship Between International Human Rights Law And The Laws Of Occupation, The Book Examines How To Provide A Coherent Explanation For An Emerging Framework On The Rights Of Individual Persons Affected By Occupation. It Engages In A Theoretical Appraisal Of The Role Of Customary Ihl And The Martens Clause In Building Up Such A Normative Framework--p. [4] Of Cover. The Scope Of Application Of The Law Of Occupation -- Sources Of The Law Of Occupation -- The Legislative Competence Of The Occupying Power Under Article 43 Of The 1907 Hague Regulations -- The Legislative Competence Of The Occupying Power Under The Fourth Geneva Convention -- The Administrative And Judicial Structures In Occupied Territory -- Regulations Of The Economy In Occupied Territory -- The Prohibition Of The Destruction Of Enemy Property In Occupied Territory -- The Prohibition Of The Seizure And Use Of Public Property In Occupied Territory -- Private Property In Occupied Territory -- The Protection Of Cultural Property In Occupied Territory -- General Principles Governing The Protection Of Fundamental Rights In International Humanitarian Law -- Hostilities In Occupied Territory, Protected Persons, And Participants In Hostilities -- Specifically Prohibited Acts In Occupied Territory -- The Expanding Catalogue Of Human Rights Of Non-derogable Nature -- Procedural Safeguards And Fair Trial Guarantees In Occupied Territory -- The Extraterritorial Application Of International Human Rights Law In Occupied Territory -- The Applicability Of The Law Of Occupation To Un Peace Support Operations And Un Post-conflict Administration -- The Nature Of Customary International Humanitarian Law Revisited -- Identifying Customary Ihl In Occupied Territories On The Basis Of Its Interplay With Customary International Human Rights Law. Economic, Social And Cultural Rights In Occupied Territory -- Ihl-based Rights Of Women And Children In Occupied Territories -- Other Specific Ihl-based Rights Of Individual Persons In Occupied Territory -- The Relationship Between International Human Rights Law And International Humanitarian Law In Occupied Territories -- The Effective Convergence Between Ihl And International Human Rights Law In Guaranteeing The Right To Life In Situations Of Volatile Occupation. By Yutaka Arai-takahashi. Arts & Humanities Research Council. Includes Bibliographical References (p. [709]-740) And Index. The scope of application of the law of occupation The meaning of occupation and the scope of application ratione materiae of the law of occupation The scope of application ratione personae of the law of occupation The scope of application ratione temporis of the law of occupation The rules concerning postliminium Different categories of occupation Basic rules on the law of belligerent occupation The exclusion of applicability of the law of occupation?