Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Transformative Military Occupation: Applying the Laws of War and Human Rights

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses on the jus in bello question of what should be the limits of the powers of an occupant and is divided into four main parts. The first part analyzes certain underlying rules of the laws of war that set a framework of minimal alteration of the existing order in the occupied territory, and considers challenges to them. The second part discusses the question of the applicability of the international law of human rights to military occupations. The third part looks at post-1945 foreign military presences with a fundamentally transformative purpose, and considers, inter alia, what the implications of such a purpose are for the law governing occupations. This part focuses on the role of international organizations and Iraq since 2003. The fourth part suggests general conclusions about transformative military presences, looking at the challenges to, and continuing relevance of, the laws of war and human rights law.

Keywords: international law of human rights; international organizations; Iraq; jus in bello; laws of war; military occupations



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Law and Armed Conflict: Exploring the Faultlines — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation