Municipal Elections in Occupied Judea and Samaria

1974 ◽  
Vol 9 (1) ◽  
pp. 97-116
Author(s):  
Moshe Drori
Keyword(s):  
International Law ◽  
Public Order ◽  
Military Government ◽  
Local Authorities ◽  
Municipal Elections ◽  
Substantial Role ◽  
Military Administration ◽  
Essential Services ◽  
Political Objective ◽  
The Military

One of the principal functions of military government in an occupied area is to return civil life to its normal course. Such a goal is not only a political objective whose advantages are obvious; it is also based upon the principles of International Law and the Law of Warfare. The military administration bears responsibility for restoring public order and safety and maintaining essential services, so that it may fulfil the civil functions of government for the welfare of the population in the occupied area.In the intricate framework required to supply services to the population of the occupied area by the military administration, the local municipal authorities play a substantial role. These authorities regard themselves as being closer to the residents of the occupied areas, and thus they see it as a moral duty to take care of their population and provide it with daily services.During periods of crises and war the population tends to a greater extent to shut itself within its immediate surroundings and to request aid and encouragement from familiar local bodies; thus it becomes more and more dependent on the local authorities.

Defensive Deterrence

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Practical Problem ◽  
Strategic Thinking ◽  
National Defense ◽  
Global Security ◽  
Defense Strategy ◽  
Essential Component ◽  
The Law ◽  
Compliance With The Law ◽  
The Military

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.

The Excuse of (Il)legality in Discriminating and Persecuting Religious Minorities: Anti-Mosque Legal Violence in Myanmar

2021 ◽  
Vol 8 (1) ◽  
pp. 108-131
Author(s):  
Nyi Nyi Kyaw
Keyword(s):  
Rule Of Law ◽  
Public Spaces ◽  
Public Order ◽  
Language Resources ◽  
Local Authorities ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Legal Violence ◽  
Religious Buildings ◽  
Private Homes

AbstractThis article highlights the convenient excuse of (il)legality used by (1) religious majoritarian mobs to justify attacks against places of worship and religious buildings of minorities; and (2) police and local authorities to absolve themselves of the failure to uphold public order and the rule of law, protect religious minorities, and to punish religious minorities. This article traces the emergence of legal violence in the form of anti-mosque vigilante extremism in Myanmar from 2012 onwards and analyzes cases of attacks against: (1) “illegal” mosques; (2) madrasas being used as or reconstructed into mosques; (3) buildings allegedly being constructed as mosques; (4) private homes and public spaces being used as mosques; and cases of (5) closed mosques not being allowed to reopen. The author primarily used Myanmar-language resources as well as interviews to conduct the research.

scholarly journals War and peace in liberated North Korea: Soviet military administration and the creation of North Korean police force in 1945

2021 ◽  
pp. 1-17
Author(s):  
Vasilii Lebedev
Keyword(s):  
North Korea ◽  
Political Orientation ◽  
Military Force ◽  
Political Struggle ◽  
Korean Society ◽  
Clear Cut ◽  
The North ◽  
Military Administration ◽  
Archival Documents ◽  
The Military

Abstract The North Korean police were arguably one of the most important organisations in liberated North Korea. It was instrumental in stabilising the North Korean society and eventually became one of the backbones for both the new North Korean regime and its military force. Scholars of different political orientation have attempted to reconstruct its early history leading to a set of views ranging from the “traditionalist” sovietisation concept to the more contemporary “revisionist” reconstruction that portrayed it as the cooperation of North Korean elites with the Soviet authorities in their bid for the control over the politics and the military, in which the Soviets merely played the supporting role. Drawing from the Soviet archival documents, this paper presents a third perspective, arguing that initially, the Soviet military administration in North Korea did not pursue any clear-cut political goals. On the contrary, the Soviet administration initially viewed North Koreans with distrust, making Soviets constantly conduct direct interventions to prevent North Korean radicals from using the police in their political struggle.

Recent Changes in German Governmental Organization

1945 ◽  
Vol 39 (1) ◽  
pp. 97-100
Author(s):  
Heinz Guradze
Keyword(s):  
Local Level ◽  
Military Government ◽  
Governmental Organization ◽  
The Public ◽  
The People ◽  
Regional Labor ◽  
Economic Regions ◽  
The Military ◽  
Delegation Of Powers ◽  
Dominant Part

Within the last few years, changes have been carried out in the public administration of Germany which will affect the military government to be established during and after Germany's defeat. Their general trend has been to subordinate state (i.e., Reich, regional, and local) administration to the Party, which has been vested with more and more power. This is of particular interest in the light of the present “total mobilization,” in which the Party plays a dominant part. To some extent, the changes discussed in this note show a definite trend toward decentralization, although there has been no actual delegation of powers to smaller units, since all power remained in the hands of the Party—this being, of course, the reason why the Nazis could afford to “decentralize.” On the local level, the reforms aimed at tying together the loosening bonds between the régime and the people. Only the most recent emergency measures of “total mobilization” are touched on in this note.1. Gauarbeitsaemter. When the Reichsanstalt was created in 1927–28, the Reich was organized in 13 economic regions, each having one regional labor office (Landesarbeitsamt). The idea was to establish large economic districts containing various industries so that a crisis in one industry could be absorbed by the labor market of another within the same district, thus creating “ausgleichsfaehige Bezirke.”

Sondergerichte in den besetzten polnischen Gebieten im Jahr 1939. Eine rechtsgeschichtliche Analyse

2021 ◽  
Vol 138 (1) ◽  
pp. 323-345
Author(s):  
Konrad Graczyk
Keyword(s):  
Legal History ◽  
Third Reich ◽  
The Third ◽  
History Analysis ◽  
Military Administration ◽  
The Third Reich ◽  
The Military

Abstract Special Courts in the Occupied Polish Territories in 1939. A Legal History Analysis. The study is devoted to the first period of activity of German special courts established in Poland in 1939. The basic scope presents the special courts of the Third Reich established on the basis of the regulation of 1933. They were a model for courts established in occupied Poland. Their creation is analyzed on the example of the Special Court in Katowitz (Sondergericht Kattowitz). Then, the activities of special courts in occupied Poland in 1939 are discussed with particular emphasis on case and penalty statistics. Attention is paid to some characteristic phenomena, such as problems with jurisdiction, differences resulting from the establishment of special courts as part of the military administration, and judgment of acts committed before the war and under Polish jurisdiction. The identified cases of violations of law in the activities of special courts in 1939 are also discussed.

Introductory Aspects on Human Rights Violations Suffered by Indigenous Peoples during the Period of Brazilian Civil-Military Dictatorship

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Luane Flores Chuquel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Military Regime ◽  
Military Coup ◽  
Human Rights Violations ◽  
Military Government ◽  
Deductive Method ◽  
The Face ◽  
In The Beginning ◽  
The Military

This current work studies the human rights violations suffered by indigenous peoples during the period of the Brazilian CivilMilitary Dictatorship. Likewise, it makes some notes about the beginning of the violations in a moment before this dark period. On this path, even before the Military Coup was launched in the year 1964 (one thousand nine hundred and sixty-four), the Indians were already experiencing constant usurpations of their rights at the expense of irresponsibilities commanded most of the time, by those who should watch over their rights lives. As will be seen, the violation and disrespect for Human Rights in the face of these peoples ended up becoming common and gaining strength mainly in the beginning of the implementation of the military regime. Negligent attempts at acculturation and "emancipation", in addition to inconsequential contacts with isolated peoples, culminated in the destruction and predatory logging of their lands. Missing processes of terribly violating demarcations of indigenous areas promoted the expulsion of countless peoples, causing the Indians to fall into a life totally surrounded by hunger, begging, alcoholism and prostitution. All in the name of the so-called “economic advance”, which aimed at building roads, in what was called “occupation of the Amazon”? As frequently stated by the authorities at the time, the Amazon rainforest was seen and understood as a “population void” by the Military Government. According to this thought idealized by the disgusting dictators and supporters, it will be observed that the cases of violations of Human Rights have been systematically “legalized”. The life, land and culture of indigenous peoples were left in the background. Depending on this brief narrative developed through documentary research, based on a hypothetical-deductive method, the intention is to rescue the martyrdoms of that time, demonstrating what actually happened to indigenous peoples during the Military Regime, in the simplest attempt to remember or even disclose to those who are unaware of this part of history. All that said, don't you forget. So that it never happens again.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

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