Occupation

Abu ‘Aram: Displacement of Persons, Displacement of Law

Abu ‘Aram: Displacement of Persons, Displacement of Law

On May 4, 2022, Israel’s Supreme Court sitting as High Court of Justice handed down its decision in HCJ 413/13 Abu ‘Aram v. The Minister of Defense. This decision granted the Israeli military authorities permission to displace over 1,000 Palestinians (and possibly as...

Prisoners of War in Occupied Territory

Prisoners of War in Occupied Territory

It seems increasingly likely that the international armed conflict raging in Ukraine will devolve into a partial Russian occupation of large portions of Ukrainian territory. President Putin may very well declare annexation—or reincorporation—of that territory into...

Reflections on the Law of Occupation: Afghanistan and Iraq

Reflections on the Law of Occupation: Afghanistan and Iraq

​A recent  New York Times article discussed, in part, the occupations of Iraq and Afghanistan, raising important, yet underexplored, questions about occupations under the law of armed conflict (LOAC). The article focuses primarily on the U.S. armed forces’ transition...

Occupation Resistance, War-Rebels, and the Lieber Code

Occupation Resistance, War-Rebels, and the Lieber Code

The origin of the codified law of belligerent occupation is often traced to the Hague Regulations of 1899 (updated in 1907). However, the Lieber Code of 1863 laid important and underappreciated legal groundwork for the Hague treaties’ occupation provisions. In it,...