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11 - Military Occupation

Published online by Cambridge University Press:  17 March 2018

William H. Boothby
Affiliation:
Australian National University, Canberra
Wolff Heintschel von Heinegg
Affiliation:
Europa-Universitat Viadrina
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Summary

Informed in part by relatively recent experience in Iraq, Chapter XI of the Manual addresses the important subject of military occupation and Chapter 11 of the Book considers what the Manual has to say about this. The Manual’s explanation of what might be termed belligerent occupation is carefully analysed and the Chapter goes on to address when military occupation law applies, how a situation of occupation ends and when GC obligations cease to apply, the authority and obligations of the occupying power e.g. in relation to legislation and courts, the movement of persons in occupied territory and the protection of children there. Responsibilities in respect of food and medical supplies, public health, spiritual assistance, relief consignments, enemy and cultural property and labour by protected persons are also addressed. The Chapter closes with an assessment of the Manual’s treatment of the rules relating to judges, public officials, public finances and of other economic regulation of occupied territory
Type
Chapter
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The Law of War
A Detailed Assessment of the US Department of Defense <I>Law of War Manual</I>
, pp. 278 - 307
Publisher: Cambridge University Press
Print publication year: 2018

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