Karma Nabulsi
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294078
- eISBN:
- 9780191599972
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294077.003.0001
- Subject:
- Political Science, International Relations and Politics
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the ...
More
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the search for these ideas is carried out in the domain of the laws of war by addressing the challenge posed by a particular principle in these laws: the distinction between combatant and non-combatant, a concept which has been recognized as the fundamental principle upon which the entire notion of ‘humanity in warfare’ rests (and has also been acknowledged as the most fragile). The forces underpinning this distinction (more precisely, a distinction between the lawful and unlawful combatant) are explored by presenting three ideologies, each representing a distinct political tradition of war, and each rooted in incommensurable conceptions of the good life; the overall argument of the book is that this incommensurability lay at the source of the failure fully to resolve the problem of distinction between lawful and unlawful combatants between 1874 and 1949. The book makes use of concepts and methods borrowed from a range of intellectual disciplines: political thought, history, and the ‘classical’ traditions of international theory. In the case of the latter, it examines the influence of key thinkers on war, such as Machiavelli, Grotius, and Rousseau, but differs from this orthodox approach in two ways: first, it is not seeking to ascertain the ‘true’ meaning of their philosophies, but rather to find how their political thoughts were interpreted and shaped by later generations; second, the examination is not restricted to abstract theorists and philosophers but is centrally concerned with paradigms constructed by practitioners of war, both professional and civilian.Less
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the search for these ideas is carried out in the domain of the laws of war by addressing the challenge posed by a particular principle in these laws: the distinction between combatant and non-combatant, a concept which has been recognized as the fundamental principle upon which the entire notion of ‘humanity in warfare’ rests (and has also been acknowledged as the most fragile). The forces underpinning this distinction (more precisely, a distinction between the lawful and unlawful combatant) are explored by presenting three ideologies, each representing a distinct political tradition of war, and each rooted in incommensurable conceptions of the good life; the overall argument of the book is that this incommensurability lay at the source of the failure fully to resolve the problem of distinction between lawful and unlawful combatants between 1874 and 1949. The book makes use of concepts and methods borrowed from a range of intellectual disciplines: political thought, history, and the ‘classical’ traditions of international theory. In the case of the latter, it examines the influence of key thinkers on war, such as Machiavelli, Grotius, and Rousseau, but differs from this orthodox approach in two ways: first, it is not seeking to ascertain the ‘true’ meaning of their philosophies, but rather to find how their political thoughts were interpreted and shaped by later generations; second, the examination is not restricted to abstract theorists and philosophers but is centrally concerned with paradigms constructed by practitioners of war, both professional and civilian.
Karma Nabulsi
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294078
- eISBN:
- 9780191599972
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294077.003.0003
- Subject:
- Political Science, International Relations and Politics
This is the second of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: ...
More
This is the second of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: political and diplomatic (Chapter 1), social (this chapter) and intellectual (Chapter 3). It explores the social history of army occupation and resistance to it in nineteenth century Europe – from the Napoleonic period to the Franco-Prussian war– and places these diplomatic failures in their broader social and political context. In particular it examines the range of army practices under occupation, and the effect that they had on civilian life. The different sections of the chapter discuss: pillaging, looting, requisitions and billeting; reprisals; hostage-taking; types of civilian behaviour –obedience to the occupier, political and armed acts of resistance, organized acts of resistance –guerrillas and franc-tireurs; levee en masse and other assorted insurrections; ideologies of resistance; religion as a source of resistance; and the influence of nationalism and patriotism.Less
This is the second of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: political and diplomatic (Chapter 1), social (this chapter) and intellectual (Chapter 3). It explores the social history of army occupation and resistance to it in nineteenth century Europe – from the Napoleonic period to the Franco-Prussian war– and places these diplomatic failures in their broader social and political context. In particular it examines the range of army practices under occupation, and the effect that they had on civilian life. The different sections of the chapter discuss: pillaging, looting, requisitions and billeting; reprisals; hostage-taking; types of civilian behaviour –obedience to the occupier, political and armed acts of resistance, organized acts of resistance –guerrillas and franc-tireurs; levee en masse and other assorted insurrections; ideologies of resistance; religion as a source of resistance; and the influence of nationalism and patriotism.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.003.0002
- Subject:
- Political Science, International Relations and Politics
Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the ...
More
Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the manner in which the colonial empires were regulated and subsequently dismantled. An age less attuned to political sensitivities also provides a clearer‐eyed assessment of the requirements of such administration, challenging the conventional wisdom that ‘ownership’ on the part of the local population is essential to the process.Less
Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the manner in which the colonial empires were regulated and subsequently dismantled. An age less attuned to political sensitivities also provides a clearer‐eyed assessment of the requirements of such administration, challenging the conventional wisdom that ‘ownership’ on the part of the local population is essential to the process.
Richard Caplan
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780199263455
- eISBN:
- 9780191602726
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263450.003.0001
- Subject:
- Political Science, International Relations and Politics
introduces the term ‘international administration’ and distinguishes it from peacekeeping, state- and nation-building, and military occupation. Also discusses the political and strategic context out ...
More
introduces the term ‘international administration’ and distinguishes it from peacekeeping, state- and nation-building, and military occupation. Also discusses the political and strategic context out of which international territorial administration emerged in the mid-1990s. An increase in the importance that many states attach to humanitarian norms as matters of international concern and a marked disregard for sovereignty as a barrier to humanitarian interference have facilitated the pursuit of policies of a highly intrusive nature, including the establishment of international administrations. States have also been motivated by considerations of national interest: a strong international presence in the Balkans and in East Timor has served to buffer regional states from the effects of instability, notably refugee flows and trans-border crime. The chapter concludes with an overview of the contents of the book.Less
introduces the term ‘international administration’ and distinguishes it from peacekeeping, state- and nation-building, and military occupation. Also discusses the political and strategic context out of which international territorial administration emerged in the mid-1990s. An increase in the importance that many states attach to humanitarian norms as matters of international concern and a marked disregard for sovereignty as a barrier to humanitarian interference have facilitated the pursuit of policies of a highly intrusive nature, including the establishment of international administrations. States have also been motivated by considerations of national interest: a strong international presence in the Balkans and in East Timor has served to buffer regional states from the effects of instability, notably refugee flows and trans-border crime. The chapter concludes with an overview of the contents of the book.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.001.0001
- Subject:
- Political Science, International Relations and Politics
Military occupation is a recurrent feature of modern international politics and yet has received little attention from political scientists. This book sets out to remedy this neglect, offering: an ...
More
Military occupation is a recurrent feature of modern international politics and yet has received little attention from political scientists. This book sets out to remedy this neglect, offering: an account of military occupation as a form of government; an assessment of key trends in the development of military occupations over the last two centuries; an explanation of the conceptual and practical difficulties encountered by occupiers; examples drawn from, amongst others, the First and Second World Wars, US occupations in Latin America and Japan, the Israeli occupation of the West Bank, and the current occupation of Iraq. After a survey of the evolving practice and meaning of military occupation, the book deals with its contested definitions, challenging restrictive approaches that disguise the true extent of the incidence of military occupation. Subsequent chapters explain the diverse forms that military government within occupation regimes take on, and the role of civilian governors and agencies within occupation regimes; the significance of military occupation for our understanding of political obligation; the concept of sovereignty; the nature and meaning of justice; and our evaluation of regime transformation under conditions of military occupation. The book argues that military occupation covers a wider range than is often assumed, including ‘international administration’ under the auspices of the UN.Less
Military occupation is a recurrent feature of modern international politics and yet has received little attention from political scientists. This book sets out to remedy this neglect, offering: an account of military occupation as a form of government; an assessment of key trends in the development of military occupations over the last two centuries; an explanation of the conceptual and practical difficulties encountered by occupiers; examples drawn from, amongst others, the First and Second World Wars, US occupations in Latin America and Japan, the Israeli occupation of the West Bank, and the current occupation of Iraq. After a survey of the evolving practice and meaning of military occupation, the book deals with its contested definitions, challenging restrictive approaches that disguise the true extent of the incidence of military occupation. Subsequent chapters explain the diverse forms that military government within occupation regimes take on, and the role of civilian governors and agencies within occupation regimes; the significance of military occupation for our understanding of political obligation; the concept of sovereignty; the nature and meaning of justice; and our evaluation of regime transformation under conditions of military occupation. The book argues that military occupation covers a wider range than is often assumed, including ‘international administration’ under the auspices of the UN.
Gary Herrigel
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199557738
- eISBN:
- 9780191720871
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557738.003.0002
- Subject:
- Business and Management, Political Economy
The chapter analyzes the interaction of American Military Occupying authorities in Germany and Japan with indigenous stakeholders in the steel industry. German and Japanese steel industries are ...
More
The chapter analyzes the interaction of American Military Occupying authorities in Germany and Japan with indigenous stakeholders in the steel industry. German and Japanese steel industries are radically recomposed through processes of creative reflection and interaction among all the playersLess
The chapter analyzes the interaction of American Military Occupying authorities in Germany and Japan with indigenous stakeholders in the steel industry. German and Japanese steel industries are radically recomposed through processes of creative reflection and interaction among all the players
Karma Nabulsi
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294078
- eISBN:
- 9780191599972
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294077.001.0001
- Subject:
- Political Science, International Relations and Politics
This book examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules that sought to regulate the ...
More
This book examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules that sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that their differences lay at the heart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and a plurality of intellectual disciplines, the book places these diplomatic failures in their broader social and political contexts. By bringing out ideological continuities and drawing on the social history of army occupation in Europe and resistance to it, the book both challenges and illuminates the understanding of modern war.Less
This book examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules that sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that their differences lay at the heart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and a plurality of intellectual disciplines, the book places these diplomatic failures in their broader social and political contexts. By bringing out ideological continuities and drawing on the social history of army occupation in Europe and resistance to it, the book both challenges and illuminates the understanding of modern war.
Karma Nabulsi
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294078
- eISBN:
- 9780191599972
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294077.003.0008
- Subject:
- Political Science, International Relations and Politics
By the end of the Geneva negotiations in 1949, significant progress had been made in the codification of the laws of war, although the question of the legal distinction between lawful and unlawful ...
More
By the end of the Geneva negotiations in 1949, significant progress had been made in the codification of the laws of war, although the question of the legal distinction between lawful and unlawful combatants remained essentially unresolved. The book has outlined both the conceptual and practical historical contexts within which this problem was confronted, and in doing so has offered an explanation of its intractability, its argument being that three fundamentally divergent philosophies of war that cannot be reconciled lie at the heart of the problem. A number of central and important themes have been identified: (1) the book has underlined that in situations of war or military occupation, many of the traditional dichotomies in both international relations theory and political theory are lost; (2) from the perspective of international law, in contrast with the conventional depiction of the legal arena as an exclusive instrument for advancing and reconciling state interests, the analysis has shown that legal systems are also (and perhaps primarily) the expressions of ideological norms and values; and (3) the importance of ideological traditions has been demonstrated. Finally, in its treatment of the themes of war and military occupation, a number of points have been highlighted: (1) the opaque nature of occupation in nineteenth-century Europe; (2) the existence of a powerful custom of civilian resistance to occupation, not even accounted for by the makers of the laws of war; (3) the impossibility of maintaining a distinction between the public and private spheres under occupation; (4) the incoherence of a Groatian formulation in the face of such army practices as reprisal (a martialist policy); and (5) the explicit emergence of patriotism and nationalism in these situations. These points demonstrate that it was hardly surprising that the attempt to introduce a distinction between lawful and unlawful combatants failed, and show that the essential truth oaboutwars of military occupation and conquest is captured in the opposition between martial and republican paradigms.Less
By the end of the Geneva negotiations in 1949, significant progress had been made in the codification of the laws of war, although the question of the legal distinction between lawful and unlawful combatants remained essentially unresolved. The book has outlined both the conceptual and practical historical contexts within which this problem was confronted, and in doing so has offered an explanation of its intractability, its argument being that three fundamentally divergent philosophies of war that cannot be reconciled lie at the heart of the problem. A number of central and important themes have been identified: (1) the book has underlined that in situations of war or military occupation, many of the traditional dichotomies in both international relations theory and political theory are lost; (2) from the perspective of international law, in contrast with the conventional depiction of the legal arena as an exclusive instrument for advancing and reconciling state interests, the analysis has shown that legal systems are also (and perhaps primarily) the expressions of ideological norms and values; and (3) the importance of ideological traditions has been demonstrated. Finally, in its treatment of the themes of war and military occupation, a number of points have been highlighted: (1) the opaque nature of occupation in nineteenth-century Europe; (2) the existence of a powerful custom of civilian resistance to occupation, not even accounted for by the makers of the laws of war; (3) the impossibility of maintaining a distinction between the public and private spheres under occupation; (4) the incoherence of a Groatian formulation in the face of such army practices as reprisal (a martialist policy); and (5) the explicit emergence of patriotism and nationalism in these situations. These points demonstrate that it was hardly surprising that the attempt to introduce a distinction between lawful and unlawful combatants failed, and show that the essential truth oaboutwars of military occupation and conquest is captured in the opposition between martial and republican paradigms.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter deals with the problem of defining military occupation. This might seem a simple task, and some accounts of military occupation presume that it is. It is not. The concept of military ...
More
This chapter deals with the problem of defining military occupation. This might seem a simple task, and some accounts of military occupation presume that it is. It is not. The concept of military occupation only gained clarity slowly, in distinction from the concept of conquest, and was subsequently muddied by the attempts of occupiers to evade that status. The definition of military occupation is important because it potentially gives greater clarity about the moral status of military occupiers as well as the range of instances covered by the term. However, it tells us little about the contours of military government itself.Less
This chapter deals with the problem of defining military occupation. This might seem a simple task, and some accounts of military occupation presume that it is. It is not. The concept of military occupation only gained clarity slowly, in distinction from the concept of conquest, and was subsequently muddied by the attempts of occupiers to evade that status. The definition of military occupation is important because it potentially gives greater clarity about the moral status of military occupiers as well as the range of instances covered by the term. However, it tells us little about the contours of military government itself.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter deals with forms of military government, a government instituted by military officers through a military chain of command. Military government readily appears archaic and not merely ...
More
This chapter deals with forms of military government, a government instituted by military officers through a military chain of command. Military government readily appears archaic and not merely because of the increasing preference for such terms as civil administration and international territorial administration to refer to what are in fact instances of military occupation. It appears archaic because of the increasing reality of the involvement of civilians and civilian agencies in military occupation. Military government also appears archaic because the isolation of the occupier from the occupied inherent in the definition of military occupation gives it a caste-like character that is at odds with a world in which it is common to speak of global ‘governance’.Less
This chapter deals with forms of military government, a government instituted by military officers through a military chain of command. Military government readily appears archaic and not merely because of the increasing preference for such terms as civil administration and international territorial administration to refer to what are in fact instances of military occupation. It appears archaic because of the increasing reality of the involvement of civilians and civilian agencies in military occupation. Military government also appears archaic because the isolation of the occupier from the occupied inherent in the definition of military occupation gives it a caste-like character that is at odds with a world in which it is common to speak of global ‘governance’.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0002
- Subject:
- Political Science, International Relations and Politics
This book makes no pretensions to be a history of military occupation. Too many instances of the genre find no mention or highly selective discussion in order to illustrate specific points. This ...
More
This book makes no pretensions to be a history of military occupation. Too many instances of the genre find no mention or highly selective discussion in order to illustrate specific points. This chapter provides some background on the evolving practice of military occupation. It is important because military occupation is often presented in terms of trajectories, from a concern with relations between states and state elites to a concern with protection of human rights, or from a willingness to tolerate and even preserve the institutions of occupied territories to a commitment to regime transformation, that are partial truths. The practice of military occupation is neither a static recurrence of age-old verities nor a linear progression either in terms of a reduction of the harshness of military occupation or an increasing transgression of once-recognised limits.Less
This book makes no pretensions to be a history of military occupation. Too many instances of the genre find no mention or highly selective discussion in order to illustrate specific points. This chapter provides some background on the evolving practice of military occupation. It is important because military occupation is often presented in terms of trajectories, from a concern with relations between states and state elites to a concern with protection of human rights, or from a willingness to tolerate and even preserve the institutions of occupied territories to a commitment to regime transformation, that are partial truths. The practice of military occupation is neither a static recurrence of age-old verities nor a linear progression either in terms of a reduction of the harshness of military occupation or an increasing transgression of once-recognised limits.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0010
- Subject:
- Political Science, International Relations and Politics
This chapter offers some final reflections on the difficulties inherent in trying to understand military occupation as a political phenomenon and the nature of the challenges it poses to those ...
More
This chapter offers some final reflections on the difficulties inherent in trying to understand military occupation as a political phenomenon and the nature of the challenges it poses to those engaged in it. Military occupation pushes sovereignty to the point at which its existence and meaning are precarious. All that is left is a hollow shell whose significance lies in a negative fact: the occupier is not sovereign. The desperation to deny this lies behind the frenetic efforts of ousted elites to demonstrate the efficacy of their legitimacy, and behind calls for the occupier to return sovereignty to the people, as if it were something in the occupier's possession. The structure of military government also matters because it can be used to flatten indigenous institutions, to substantially undermine the very potential of the society subject to occupation to exist as a political entity.Less
This chapter offers some final reflections on the difficulties inherent in trying to understand military occupation as a political phenomenon and the nature of the challenges it poses to those engaged in it. Military occupation pushes sovereignty to the point at which its existence and meaning are precarious. All that is left is a hollow shell whose significance lies in a negative fact: the occupier is not sovereign. The desperation to deny this lies behind the frenetic efforts of ousted elites to demonstrate the efficacy of their legitimacy, and behind calls for the occupier to return sovereignty to the people, as if it were something in the occupier's possession. The structure of military government also matters because it can be used to flatten indigenous institutions, to substantially undermine the very potential of the society subject to occupation to exist as a political entity.
C. T. Sandars
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198296874
- eISBN:
- 9780191685293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198296874.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the U.S. occupation of Europe after World War II. The U.S. occupied West Germany and Italy for different reasons. It decided to maintain military presence in Italy because of ...
More
This chapter discusses the U.S. occupation of Europe after World War II. The U.S. occupied West Germany and Italy for different reasons. It decided to maintain military presence in Italy because of its political and strategic position that bisects the Mediterranean Region and flanks the former Yugoslavian territory. On the other hand, West Germany became the core of the U.S. post-war global security system because of the unplanned confrontation of the Cold War. The occupation of West Germany was also prompted by the outbreak of the Korean War in June 1950, which provided the pretext needed for both the return of American troops to Germany and the eventual rearmament of the Federal Republic.Less
This chapter discusses the U.S. occupation of Europe after World War II. The U.S. occupied West Germany and Italy for different reasons. It decided to maintain military presence in Italy because of its political and strategic position that bisects the Mediterranean Region and flanks the former Yugoslavian territory. On the other hand, West Germany became the core of the U.S. post-war global security system because of the unplanned confrontation of the Cold War. The occupation of West Germany was also prompted by the outbreak of the Korean War in June 1950, which provided the pretext needed for both the return of American troops to Germany and the eventual rearmament of the Federal Republic.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter discusses justice, which theme has seen no diminution of interest and discussion. Justice, the rule of law, is often seen as the potential constraint upon the tyrannical and arbitrary ...
More
This chapter discusses justice, which theme has seen no diminution of interest and discussion. Justice, the rule of law, is often seen as the potential constraint upon the tyrannical and arbitrary behaviour of the occupier. Yet, it was clear from the outset that law in the shape of the law of military occupation could buttress as well as constrain the status of the occupier. Justice under conditions of military occupation is inevitably the victor's justice and will to some degree inevitably carry the pejorative taint suggested by that term. The chapter seeks to elaborate the Janus face of justice under military occupation and warns against expecting too much from appeals to the rule of law or to human rights as a barrier to the potential caprice of occupiers. Here too, expecting too much from the language of human rights may serve to mask the distinctive status of the occupier and that of those subject to occupation, to the benefit of the former rather than the latter.Less
This chapter discusses justice, which theme has seen no diminution of interest and discussion. Justice, the rule of law, is often seen as the potential constraint upon the tyrannical and arbitrary behaviour of the occupier. Yet, it was clear from the outset that law in the shape of the law of military occupation could buttress as well as constrain the status of the occupier. Justice under conditions of military occupation is inevitably the victor's justice and will to some degree inevitably carry the pejorative taint suggested by that term. The chapter seeks to elaborate the Janus face of justice under military occupation and warns against expecting too much from appeals to the rule of law or to human rights as a barrier to the potential caprice of occupiers. Here too, expecting too much from the language of human rights may serve to mask the distinctive status of the occupier and that of those subject to occupation, to the benefit of the former rather than the latter.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0001
- Subject:
- Political Science, International Relations and Politics
Military occupation has been a recurrent feature of recent history and is recognised as a distinct phenomenon in international law, most notably in the Hague Regulations of 1907, which remain in ...
More
Military occupation has been a recurrent feature of recent history and is recognised as a distinct phenomenon in international law, most notably in the Hague Regulations of 1907, which remain in force today. Systematic and comparative studies of military occupation remain, however, rare. The approach adopted in this book draws heavily upon normative legal arguments, but does so from a specific perspective. The book seeks to use such arguments in order to elucidate how military occupiers have understood their status and role. That military occupation entailed military government was once a widely accepted assumption. The term fell into neglect as part of the process that culminated in the evasion of the label of military occupation. The book seeks to unfold the implications of this basic claim that military occupation is a political phenomenon and, above all, a form of government.Less
Military occupation has been a recurrent feature of recent history and is recognised as a distinct phenomenon in international law, most notably in the Hague Regulations of 1907, which remain in force today. Systematic and comparative studies of military occupation remain, however, rare. The approach adopted in this book draws heavily upon normative legal arguments, but does so from a specific perspective. The book seeks to use such arguments in order to elucidate how military occupiers have understood their status and role. That military occupation entailed military government was once a widely accepted assumption. The term fell into neglect as part of the process that culminated in the evasion of the label of military occupation. The book seeks to unfold the implications of this basic claim that military occupation is a political phenomenon and, above all, a form of government.
Peter M. R. Stirk
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780748675999
- eISBN:
- 9781474418676
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748675999.003.0001
- Subject:
- Political Science, Conflict Politics and Policy
This sets out the need for a comparative history of military occupation in the light of changing perceptions of the concept and practice, assumptions about fundamental changes in the nature of ...
More
This sets out the need for a comparative history of military occupation in the light of changing perceptions of the concept and practice, assumptions about fundamental changes in the nature of military occupation and the fragmentary recollection of occupation that is commonplace. It sets out definitions of military occupation and devotes substantial attention to the often grossly oversimplified distinction between conquest and occupation. It demonstrates how understandings of this distinction were complicated by a lack of clarity exactly when conquest took place and what the consequences of conquest were. It suggests a strategy for future research into the concept and practice of conquest.Less
This sets out the need for a comparative history of military occupation in the light of changing perceptions of the concept and practice, assumptions about fundamental changes in the nature of military occupation and the fragmentary recollection of occupation that is commonplace. It sets out definitions of military occupation and devotes substantial attention to the often grossly oversimplified distinction between conquest and occupation. It demonstrates how understandings of this distinction were complicated by a lack of clarity exactly when conquest took place and what the consequences of conquest were. It suggests a strategy for future research into the concept and practice of conquest.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter looks at the role of civilian governors in military occupations, which has been an ambivalent one. From the days of the representatives on mission of revolutionary France, civilian ...
More
This chapter looks at the role of civilian governors in military occupations, which has been an ambivalent one. From the days of the representatives on mission of revolutionary France, civilian agents and agencies have periodically been seen as symbols of a political intent subversive of the temporary nature of military occupation and military authority. Sometimes, military governments have even resisted the establishment of civilian institutions of governance on the grounds that this would imply a premature annexation of the territory. Suspicion of civilian agencies culminated in this judgement of a court in the Netherlands after the Second World War.Less
This chapter looks at the role of civilian governors in military occupations, which has been an ambivalent one. From the days of the representatives on mission of revolutionary France, civilian agents and agencies have periodically been seen as symbols of a political intent subversive of the temporary nature of military occupation and military authority. Sometimes, military governments have even resisted the establishment of civilian institutions of governance on the grounds that this would imply a premature annexation of the territory. Suspicion of civilian agencies culminated in this judgement of a court in the Netherlands after the Second World War.
Ellen D. Tillman
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781469626956
- eISBN:
- 9781469628127
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469626956.003.0006
- Subject:
- History, Military History
The end of World War I brought an opening for international attention to the U.S. military occupation of the Dominican Republic, as well as for Dominican resistance. These changes forced U.S. ...
More
The end of World War I brought an opening for international attention to the U.S. military occupation of the Dominican Republic, as well as for Dominican resistance. These changes forced U.S. officers in the occupied country to account for their lack of progress in reforming Dominican government. They responded with an absolute refusal to abandon their experiment, instead blaming Dominicans and a lack of consistent resources for occupation failures. Rather than reform their approach, military governors shuffled in after the war insisted on "reform" that emphasized the original occupation plan, alongside reforms to improve Dominican society morally. Embedded in this now long-term set of power relationships, Dominicans and U.S. officers who ran the constabulary throughout the country coped increasingly through diverse local and regional negotiations. These fractured policies strengthened the local functionality of the occupation while at the same time serving to empower Dominicans within the ranks of the constabulary.Less
The end of World War I brought an opening for international attention to the U.S. military occupation of the Dominican Republic, as well as for Dominican resistance. These changes forced U.S. officers in the occupied country to account for their lack of progress in reforming Dominican government. They responded with an absolute refusal to abandon their experiment, instead blaming Dominicans and a lack of consistent resources for occupation failures. Rather than reform their approach, military governors shuffled in after the war insisted on "reform" that emphasized the original occupation plan, alongside reforms to improve Dominican society morally. Embedded in this now long-term set of power relationships, Dominicans and U.S. officers who ran the constabulary throughout the country coped increasingly through diverse local and regional negotiations. These fractured policies strengthened the local functionality of the occupation while at the same time serving to empower Dominicans within the ranks of the constabulary.
Peter M. R. Stirk
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780748636716
- eISBN:
- 9780748652754
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748636716.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter deals with one of the most pressing contemporary concerns with military occupation, namely regime transformation or ‘imposed constitutionalism’. Imposed constitutionalism is contentious ...
More
This chapter deals with one of the most pressing contemporary concerns with military occupation, namely regime transformation or ‘imposed constitutionalism’. Imposed constitutionalism is contentious because Article 43 of the Hague Regulations has been understood to embody an injunction to conserve the existing constitutional order, save where it is necessarily suspended by virtue of the fact of occupation and the dictates of military necessity. It is also contentious because the imposition of a constitutional order is seen as inconsistent with the principle of self-determination. The chapter suggests, however, that, in some circumstances, regime transformation may be the only way in which to bring military occupation to an end, short of even-less-desirable outcomes. This is, of course, no guarantee that occupiers will engage in such a project, still less that they will succeed in any meaningful sense.Less
This chapter deals with one of the most pressing contemporary concerns with military occupation, namely regime transformation or ‘imposed constitutionalism’. Imposed constitutionalism is contentious because Article 43 of the Hague Regulations has been understood to embody an injunction to conserve the existing constitutional order, save where it is necessarily suspended by virtue of the fact of occupation and the dictates of military necessity. It is also contentious because the imposition of a constitutional order is seen as inconsistent with the principle of self-determination. The chapter suggests, however, that, in some circumstances, regime transformation may be the only way in which to bring military occupation to an end, short of even-less-desirable outcomes. This is, of course, no guarantee that occupiers will engage in such a project, still less that they will succeed in any meaningful sense.
Robert Tracy McKenzie
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780195182941
- eISBN:
- 9780199788897
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195182941.003.0006
- Subject:
- History, American History: 19th Century
This chapter analyzes the behavior of Knoxville Unionists under Confederate military occupation (May 1861-August 1863) against the backdrop of the speeches of William G. Brownlow, who undertook a ...
More
This chapter analyzes the behavior of Knoxville Unionists under Confederate military occupation (May 1861-August 1863) against the backdrop of the speeches of William G. Brownlow, who undertook a triumphal speaking tour in 1863 and became, for his adoring northern audiences, the very personification of Southern Unionism. Drawing on extensive evidence from Confederate and Union civil and military records, the chapter constructs a collective profile of Unionist and Confederate sympathizers that includes nearly 450 individuals from 323 households. Mining these and other contemporary sources (diaries, memoirs, correspondence), it sketches the range of responses among Unionists to Confederate occupation. Whereas Brownlow was lecturing Northern audiences about defiant, “unconditional” Southern Unionists willing to sacrifice their all in defense of the Stars and Stripes, Knoxville's Unionist leaders were in fact adopting a range of accommodation strategies that defined loyalty to the Union as anything short of active, enthusiastic support for the Confederacy.Less
This chapter analyzes the behavior of Knoxville Unionists under Confederate military occupation (May 1861-August 1863) against the backdrop of the speeches of William G. Brownlow, who undertook a triumphal speaking tour in 1863 and became, for his adoring northern audiences, the very personification of Southern Unionism. Drawing on extensive evidence from Confederate and Union civil and military records, the chapter constructs a collective profile of Unionist and Confederate sympathizers that includes nearly 450 individuals from 323 households. Mining these and other contemporary sources (diaries, memoirs, correspondence), it sketches the range of responses among Unionists to Confederate occupation. Whereas Brownlow was lecturing Northern audiences about defiant, “unconditional” Southern Unionists willing to sacrifice their all in defense of the Stars and Stripes, Knoxville's Unionist leaders were in fact adopting a range of accommodation strategies that defined loyalty to the Union as anything short of active, enthusiastic support for the Confederacy.