Significance of the Law of Occupation under the Modern International Law

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03147
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Doshisha University
• Principal Investigator: Arai Kyo 同志社大学, 法学部, 教授 (10319436)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 占領 / 国際人道法 / パレスチナ / イスラエル / アメリカ合衆国 / 沖縄

Outline of Final Research Achievements

Contents of the Law of Occupation remains unclear after the adoption of the 1949 Geneva Convention (IV). This has generated debates in many field after the Iraq War 2003-04. Change of the reality of war, including the development of military technology, emergence of "irregular" troops, and direct participation to the hostilities by civilians, posed serious doubts on the relevance of the law, which reflected the reality of the WWII. The other point is standing of the law among the system of international law which has developed dramatically. This development includes emergence of international human rights law, law of non-international armed conflicts, self-determination and jus ad bellum This study focused to find the right position the law of occupation in the system of general international law, clarifying the real contents and the relevance of the law in this era, through the study of cases and academic writings.

Free Research Field

国際人道法