In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Hanne Cuyckens obtained her PhD degree at Leuven University in 2015 and was an Assistant Professor of international law at Utrecht University from September 2015 to August 2017. She has published many articles on issues relating to international law and EU external relations. Her most recent publication dealt with the legal status of the Gaza Strip.