1. For sources of these resolutions, and a discussion of the meaning of a pejorative but significant term, see Roberts, , ‘What is a Military Occupation?’, British Year Book of International Law 1984 (Oxford, 1985), pp. 249–305.Google Scholar That article, and the present one, will in due course be published, revised, in the author's Occupation, Resistance and Law: International Law on Military Occupations and on Resistance (Oxford, forthcoming).

2. For a succinct expression of the view that human rights law is an authoritative interpretation of the UN Charter's human rights clauses, and is hence binding on all states, see Newman, Frank C., ‘Interpreting the Human Rights Clauses of the UN Charter’, Human Rights Journal (1972), pp. 283–9Google Scholar; and Newman, , ‘The International Bill of Human Rights: Does it Exist?’ in Cassese, Antonio (ed.), Current Problems of International Law: Essays on UN Law and on the law of Armed Conflict (Milan, 1975), pp. 107–16.Google Scholar

3. Towle, Philip, ‘Disarmament and Arms Control Agreements in Wartime’, Bulletin of Peace Proposals, 11, 2, (Oslo, 1980).CrossRefGoogle Scholar

4. The Ruhr area, occupied by Franco-Belgian forces in 1923–5, remained a demilitarized zone subject to the disarmament clauses of the 1919 Treaty of Versailles. Sternstein, Wolfgang, ‘The Ruhrkampf of 1923: Economic Problems of Civilian Defence’, in Roberts, (ed.), The Strategy of Civilian Defence (London, 1967), pp. 107–10.Google Scholar

5. On Israeli practice in applying certain multilateral conventions see Meron, , ‘Applicability of Multilateral Conventions to Occupied Territories’, in Shamgar, Meir (ed.), Military Government in the Territories Administered by Israel 1967–1980: The Legal Aspects (Jerusalem, 1982), pp. 217–236.Google Scholar An injunction to states ‘to abstain from entering into treaty relations with South Africa in all cases in which the Government of South Africa purports to act on behalf of or concerning Namibia’ was made by the International Court of Justice in the Namibia Advisory Opinion in 1971. ICJ Reports 1971, p. 55.

6. For example, the 1926 Slavery Convention and the 1930 Convention Concerning Forced or Compulsory Labour. For texts of these conventions and other relevant information see Brownlie, , Basic Documents on Human Rights (Oxford, 1981), pp. 38–49 and 176–86.Google Scholar

7. Many other human rights agreements, besides those listed, could be relevant in occupation conditions. For texts of many different conventions, etc., see Brownlie, op. cit. note 6. For background materials see Sohn, Louis and Buergenthal, Thomas, International Protection of Human Rights (New York, 1973).Google Scholar

8. Many works on human rights law make little or no reference to the problems of armed conflict and military occupation. See, e.g., Sieghart, Paul, The Lawful Rights of Mankind (Oxford, 1985).Google Scholar

9. Bishop, William W. Jr, International Law: Cases and Materials, 3rd edn. (Boston, 1971), p. 470.Google Scholar

10. Schindler, , ‘The International Committee of the Red Cross and Human Rights’, International Review of the Red Cross (Geneva), 01–02 1979, p. 7.Google Scholar

11. On the various factors leading to the negotiations which were ultimately to result in the 1977 Geneva Protocols I and II, see particularly Kalshoven, Frits, ‘Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: The Conference of Government Experts, 24 May–12 June 1971’, Netherlands Yearbook of International Law 1971, pp. 68–90.Google Scholar

12. See e.g. the two volume survey prepared by the UN Secretariat, Respect for Human Rights in Armed Conflicts: Existing Rules of International Law Concerning the Prohibition or Restriction of Use of Specific Weapons, A/9215, 7 November 1973.

13. Draper, G. I. A. D., ‘The Status of Combatants and the Question of Guerrilla Warfare’, British Year Book of International Law 1971, p. 218.Google Scholar

14. Draper, , ‘The Relationship Between the Human Rights Regime and the Law of Armed Conflicts’, Israel Yearbook on Human Rights 1971, p. 206.Google Scholar

15. Calogeropoulos-Stratis, Aristidis S., Droit Humanitaire et Droits de l'Homme (Geneva, 1980).Google Scholar

16. Fraenkel, , Military Occupation and the Rule of Law (New York, 1944), pp. 205–6.Google Scholar

17. However, see Glahn's, von article, ‘The Protection of Human Rights in Time of Armed Conflict’, Israel Yearbook on Human Rights 1971, pp. 213–4Google Scholar, where he accepts the applicability, in time of armed conflicts, of fundamental human rights.

18. The new UK tri-service manual, currently in preparation, is likely to include some reference to the applicability of human rights law.

19. Greenspan, , The Modern Law of Land Warfare (Berkeley, 1959), footnotes on pp. 161, 247, 250 and 504.Google Scholar See also Greenspan, , ‘The Protection of Human Rights in Time of Warfare’, Israel Yearbook on Human Rights 1971, p. 229Google Scholar, where he states that human rights instruments ‘apply in war as well as in peace.’

20. The best exposition of the Israeli viewpoint is in Shamgar (ed.), Military Government in the Territories Administered by Israel. See note 5 above.

21. Meron, Theodor, ‘West Bank and Gaza: Human Rights and Humanitarian Law in a Period of Transition’, Israel Yearbook on Human Rights 1979; Adam Roberts et al, Academic Freedom Under Israeli Military Occupation (London, 1984), pp. 30–35Google Scholar; and the UNGA resolutions mentioned below.

22. Almost identical wording, avoiding mention of non–derogable provisions of certain human rights instruments, is to be found in Singer et al., The Rule of Law in the Areas Administered by Israel (Tel Aviv, 1981), p. 75; and in Israel Ministry of Defence, Co-ordinator of Government Operations, Judea-Samaria and the Gaza District: A Sixteen- Year Survey (Israel, 1983), p. 60.Google Scholar

23. On Israel's view of the 1958 Convention, see Meron, , ‘Applicability of Multilateral Conventions to Occupied Territories’, in Shamgar, Military Government in the Territories Administered by Israel, pp. 219–29.Google Scholar On the 1950, 1960 and 1966 conventions as well as other instruments, see Roberts et al., Academic Freedom Under Israeli Military Occupation, p. 33, and also pp. 80–3, where a memorandum from the Office of the Legal Adviser in the Israeli Foreign Ministry elucidating the official view of the applicability of seven human rights accords is reprinted in full. See also Meron, , ‘The International Convention on the Elimination of All Forms of Racial Discrimination and the Golan Heights’, Israel Yeararticle on Human Rights 1978, pp. 222–39.Google Scholar

24. Other General Assembly resolutions referring to the applicability of the Universal Declaration of Human Rights in the occupied territories include 2443 (XXIII) of 19 December 1968; 2727 (XXV) of 15 December 1970; 2851 (XXVI) of 20 December 1971; 3005 (XXVII) of 15 December 1972; 3092 (XXVIII) of 7 December 1973; and 3240 (XXIX) of 29 November 1974.

25. Brownlie, , Basic Documents on Human Rights, pp. 21–7; Newman, op. cit., note 2.Google Scholar

26. Schindler, Dietrich, ‘The International Committee of the Red Cross and Human Rights’, International Review of the Red Cross, January–02 1979, p. 7.Google Scholar

27. International Law Reports, 47, p. 486. The three defendants had been caught infiltrating the West Bank from Jordan.

28. Israel Yearbook on Human Rights 1984, p. 315. The petitioners in this case had stayed in The West Bank without relevant permits after the expiry of their tourist visas.

29. ICJ Reports 1971, advisory opinion of 21 June 1971, p. 55. Note also the references to human rights law on pp. 46 and 57.

30. International Law Reports, 62, pp. 5, 7, and 82–3.

31. Collection of Laws, No. 23, Prague, 11 November 1976, as described in Kusin, Vladimir, From Dubcek to Charter 77: Czechoslovakia 1968–1978 (Edinburgh, 1978), pp. 304–5.Google Scholar On the role of human rights accords in the Charter 77 movement, see also Havel, Vaclavet al., The Power of the Powerless (London, 1985), pp. 69–78.Google Scholar The text of the original Charter 77 Declaration, published on 1 January 1977 and referring extensively to international human rights agreements is at pp. 217–21.