This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various international humanitarian law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine.
The book will be a valuable resource for academics, researchers and practitioners working in the fields of international humanitarian law, international public law, and security studies
Table of Contents
Foreword, by Noam Lubell;
Chapter I: Effective Control in Occupation Law (OL);
Chapter II: Occupation by an Intermediary;
Chapter III: Relinquishing Control Over Territory;
Chapter IV: The Effect of Control on Substantive Obligations;
Natia Kalandarishvili-Mueller is Professor of Public International Law at Tbilisi Open University, Georgia.
"Natia Kalandarishvili-Mueller’s book is an enlightening addition to the scholarship on international humanitarian law (IHL). In particular, her essential and precise clarification of the notion of ‘effective control’ is very much welcomed as it has been missing so far in the relevant literature. The lack of clarity on this key IHL and public international law concept has often put not only scholars and students, but also practitioners in a difficult position when it came to establish the applicability of IHL to certain situations of armed conflict. Dr Natia Kalandarishvili-Mueller’s book is thus a must have for anyone interested in contemporary as well as more classic questions relating to military occupations." Dr Annyssa Bellal, Senior Research Fellow and Strategic Adviser on International Humanitarian Law, Geneva Academy of International Humanitarian Law and Human Rights, Editor of the War Report
"This book is an important contribution to the scholarship on the law of occupation. It offers a systematic and in-depth analysis of the role of control in establishing the beginning and ending of occupation, as well as the effect of control on substantive obligations. To this end, it presents and analyzes different conceptions of control that have been proposed in case law and doctrine. This leads to clear proposals concerning the appropriate standards to be applied in the framework of the law of occupation. As such, it is of value to both practitioners and scholars in the field of International Humanitarian Law." Marten Zwanenburg, Professor of Military Law, Netherlands Defence Academy