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Military Law Review

Author :
Publisher :
Page : 736 pages
File Size : 45,46 MB
Release :
Category : Courts-martial and courts of inquiry
ISBN :

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Revisiting the Law of Occupation

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 40,59 MB
Release : 2017-10-23
Category : Law
ISBN : 9004353976

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In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.

Sectarianism in Iraq

Author : Khalil Osman
Publisher : Routledge
Page : 226 pages
File Size : 18,52 MB
Release : 2014-10-10
Category : Political Science
ISBN : 1317674863

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This book links sectarianism in Iraq to the failure of the modern nation-state to resolve tensions between sectarian identities and concepts of unified statehood and uniform citizenry. After a theoretical excursus that recasts the notion of primordial identity as a socially constructed reality, the author sets out to explain the persistence of sectarian affiliations in Iraq since its creation following the dismemberment of the Ottoman Empire. Despite the adoption of homogenizing state policies, the uneven sectarian composition of the ruling elites nurtured feelings of political exclusion among marginalized sectarian groups, the Shicites before 2003 and the Sunnis in the post-2003 period. The book then examines how communal discourses in the educational curriculum provoked masked forms of resistance that sharpened sectarian consciousness. Tracing how the anti-Persian streak in the nation-state’s Pan-Arab ideology, which camouflaged anti-Shicism, undermined Iraq’s national integration project, Sectarianism in Iraq delves into the country’s slide from a totalizing Pan-Arab ideology in the pre-2003 period toward the atomistic impulse of the federalist debate in the post-2003 period. Employing extensive fieldwork, this book sheds light on the dynamics of political life in post-Saddam Iraq and is essential reading for Iraqi and Middle East specialists, as well as those interested in understanding the current heightening of sectarian Sunni-Shicite tensions in the Middle East.

Occupying Iraq

Author : James Dobbins
Publisher : Rand Corporation
Page : 410 pages
File Size : 43,8 MB
Release : 2009-04-01
Category : Political Science
ISBN : 0833047248

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Focuses on the activities of the Coalition Provisional Authority during the first year of the occupation of Iraq. Based on interviews and nearly 100,000 never-before-released documents from CPA archives, the book recounts and evaluates the efforts of the United States and its coalition partners to restore public services, counter a burgeoning insurgency, and create the basis for representative government.

The Law of Armed Conflict

Author : Geoffrey S. Corn
Publisher : Aspen Publishing
Page : 744 pages
File Size : 40,58 MB
Release : 2018-09-14
Category : Law
ISBN : 1543802915

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The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

The Transformation of Occupied Territory in International Law

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 32,18 MB
Release : 2015-09-29
Category : Law
ISBN : 9004227881

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This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

International Humanitarian Law and Human Rights Law

Author : Roberta Arnold
Publisher : BRILL
Page : 608 pages
File Size : 32,39 MB
Release : 2008-07-31
Category : Law
ISBN : 9047431871

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The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]