Writing on the Wall

Rethinking the International Law of Occupation

Inbunden, Engelska, 2017

Av Aeyal Gross, Aeyal (Tel-Aviv University) Gross

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As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.

Produktinformation

Utgivningsdatum2017-04-06
Mått158 x 235 x 28 mm
Vikt750 g
FormatInbunden
SpråkEngelska
Antal sidor458
FörlagCambridge University Press
ISBN9781107145962

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Folkrätt inom Juridik

Professor Aeyal Gross teaches at the Faculty of Law, Tel-Aviv University. He also teaches regularly as a guest at the School of Oriental and African Studies, University of London. His research and writing focuses on international human rights law and international humanitarian law. He has previously published a comparative study, co-edited with Colleen Flood, entitled The Right to Health at the Public/Private Divide (Cambridge, 2014).

Introduction; 1. The ends and fictions of occupation: between fact and norm; 2. The indeterminacy of occupation: from conceptualism to the functional approach; 3. Indeterminacy and control in the Occupied Palestinian Territory; 4. The construction of a wall between The Hague and Jerusalem: humanitarian law or a Fata Morgana of humanitarian law; 5. The securitization of human rights: are human rights the emperor's new clothes of the international law of occupation?

'Developed in the 19th century as a temporary device to protect civilians, the law of occupation has more recently revealed a tendency to turn into a lasting instrument of disciplining populations. Under a humanitarian pretence, military rule slides into colonial sovereignty. In this insightful work Aeyal Gross discusses cases such as Iraq, Afghanistan, Tibet, and Crimea, and especially the long-standing occupation of Palestine, in order to reveal the paradoxes and hypocrisies of the law of occupation. His critique is sharp and incisive but also sympathetic and oriented from a purely conceptual to a more openly normative reading of the law. This is a wonderful reflection of the limits and possibilities of using a traditional legal concept in a changed world of complex international conflict.' Martti Koskenniemi, author of The Gentle Civilizer of Nations: The rise and fall of international law 1870-1960