The Transformation of Occupied Territory in International Law


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.

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Andrea Carcano, Ph.D. (2008) University of Milan, LL.M. (2005) NYU, is an Adjunct Professor at the Faculty of Law of the University of Milano-Bicocca and a Lecturer with the United Nations Interregional Crime and Justice Research Institute’s Master of Laws in International Crime and Justice. Previously, he was a Legal Officer with the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.

"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.

"Beside a detailed and thorough analysis of the occupation’s regime transformation of Iraq, Carcano’s book is invaluable in its warning against the transformative occupation idea....Carcano’s book is indispensable reading for anyone interested in these questions, both for telling the legal story of the occupation of Iraq in detail not provided elsewhere and for trying to walk the tight rope between the rejection of transformative occupation as risky and the acknowledgement of a limited form of it as legitimate and potentially benign."
- Aeyal Gross, Professor of Law, Tel-Aviv University; Human Rights Law Review, 2017, 0, 1–5.

"Andrea Carcano manages to give us more than enough food for thought in his comprehensive and illuminating study, which helps critically rethink the legal challenges inherent in the notion of transformative occupation and follow up some of the most difficult questions on the applicability and effectiveness of the contemporary international law framework in complex post-conflict situations."
- Mindia Vashakmadze, Max Planck Yearbook of United Nations Law, 2016, Volume 19, Issue 1, pages 581–589.

"Overall, even if one is not convinced by Carcano’s recipe for transformative occupation, this book represents a valuable, well-written, and thought-provoking contribution to the literature on the law of occupation, which will hopefully serve if not as a warning to international actors on what should be done in an occupied territory, at least as a reminder of the high stakes that come with imposing democracy at all costs."
- Alessandra Spadaro, Journal of International Criminal Justice, 2017.

"Against the backdrop of ongoing expert and civil society struggles to reconcile with the challenges of the contemporary practice of the law of occupation and deconstruct its “ends and fictions”, Carcano’s work provides an important contribution to the elucidation of this problematique, as well as a reminder of the deep-seated normative attachments of the international legal order."
- Valentina Azarova, The Palestine Yearbook of International Law XIX (2016) pages 223–235.

Excerpt of table of contents:
Editorial Foreword; Foreword (G. Abi-Saab); Preface; Select List of Abbreviations; Table of Cases;
1. Scope of the research
2. Some issues of methodology
Chapter 1 International Law and Transformative Occupation: A Historical Perspective
1. Occupation as conquest and exploitation
2. Occupation as control and administration of territory
3. Occupation as transformation
4. Occupation as implementation of a ‘humanitarian agenda’: the Geneva Convention IV and Additional Protocol I
5. Conclusion
Chapter 2 International Law and Transformative Occupation: Contemporary Challenges
1. The development of the international law applicable to an occupation
2. Some contemporary arguments for transformative occupation
3. Conclusion
Chapter 3 The Occupation of Iraq (2003–5)
1. Chronology of key events
2. The legal status of the Coalition Forces in Iraq in April 2003
3. The status of the Coalition Forces during the looting of Baghdad
4. The role of the Offi ce of Reconstruction and Humanitarian Assistance
5. The Coalition Provisional Authority
6. Security Council Resolution 1483: framing the role of the main actors in the Iraqi crisis
7. Conclusion
Chapter 4 Occupation as Transformation: The Practice of the CPA
1. The dismantling of Saddam Hussein’s regime
2. The duty to restore ‘conditions of security and stability’
3. The administration and reform of the judicial system
4. The political and constitutional process to transform Iraq into a democracy
5. The transformation of the Iraqi economy
6. Conclusion
Chapter 5 The Democratisation of Iraq after the Demise of the CPA
1. The legal effects of the CPA’s legislation after its demise
2. The formation of the Interim Government
3. The content and effects of Resolution 1546
4. The scholarly debate
5. Towards full sovereignty: the practice of the elected Iraqi governments
6. The Withdrawal of the Multinational Force
7. Conclusion
Chapter 6 International Law and Transformative Occupation after Iraq
1. Break from or continuum with the past?
2. The occupation of Iraq as precedent
Bibliography; Index.
All those interested in the concept and practice of military occupation; scholars of international law and international relations, policy makers, military and diplomatic personnel, and students of international law and international humanitarian law.
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