This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.

Gregory H. Fox is Associate Professor of Law at Wayne State University Law School, where he is the inaugural Cohn Family Scholar in Legal History

Acknowledgments	p. xi
Introduction	p. 1
Historical antecedents
The historical origins of humanitarian occupation I: governance in service of outsiders	p. 17
Origins in the nineteenth century	p. 19
Territories administered as a result of the 1919 settlement	p. 20
League of Nations mandates	p. 23
Fashioning international authority	p. 23
The mandatories' governance obligations	p. 26
The locus of sovereignty debate	p. 28
United Nations trusteeship territories	p. 33
Conclusions	p. 39
Historical origins of humanitarian occupation II: internationalized territory in service of insiders	p. 41
The rise of post-conflict reconstruction	p. 45
Common tasks and objectives	p. 48
Territorial integrity	p. 51
Democratic politics	p. 52
Human rights	p. 55
Centrality of consent	p. 58
The role of consent in post-conflict missions	p. 59
Actual consent	p. 64
Constructed consent	p. 68
Conclusions	p. 69
Full international governance	p. 72
The Bosnia mission	p. 74
Following the territorial imperative	p. 74
Creating consent	p. 76
The Dayton model of statehood	p. 78
The Kosovo operation	p. 84
The genesis of the conflict and early international involvement	p. 84
Escalating international involvement	p. 87
The Rambouillet conference	p. 89
War and peace	p. 91
The interim international administration	p. 93
Final status negotiations	p. 95
Observations	p. 97
The East Timor mission	p. 98
From voting to violence	p. 98
Pressure to internationalize	p. 100
The UNTAET mandate	p. 102
United Nations statehood?	p. 103
The Eastern Slavonia mission	p. 106
Conclusions	p. 110
Why humanitarian occupation?
Rejected models of statehood	p. 115
Introducing the policy options	p. 118
Legal constraints on exclusionary nationalism	p. 121
No legal support for homogeneity achieved through murder, subordination or forcible conversion	p. 123
No legal support for secession or partition	p. 125
The argument for separation	p. 125
The rejection in practice	p. 126
Procedural limitations and transaction costs	p. 132
Negotiated partition	p. 134
No legal support for mass population movements	p. 136
Conclusion: what remains? The politics of inclusion	p. 140
Constructing the liberal state	p. 142
The stubborn persistence of a state-centered order	p. 143
The empirical claim	p. 144
The normative claim	p. 148
Norms of governance	p. 154
The mainstreaming of democracy promotion	p. 154
Procedural versus substantive democracy	p. 157
Elections	p. 162
Human rights	p. 167
Conclusions	p. 172
Legal justifications
Conventional legal justifications	p. 177
First legal framework: consent to humanitarian occupation	p. 177
The coercion problem	p. 177
The prohibition on coerced treaties	p. 179
The humanitarian occupation agreements	p. 181
Potential complications	p. 188
The nature of the coercion	p. 188
The nature of the agreement	p. 192
Justifiable force?	p. 195
Conclusion	p. 200
Second legal framework: Security Council fiat	p. 200
Limits on Council authority within the Charter	p. 201
Limits on Council authority outside the Charter: jus cogens	p. 205
The self-determination claim	p. 205
Difficulties with jus cogens limitations	p. 211
An alternative methodology: implied consent	p. 214
Conclusion	p. 217
The international law of occupation	p. 218
Applicability of occupation law to multilateral humanitarian occupations	p. 222
UN ratification of humanitarian law treaties	p. 223
The UN and the customary law of occupation	p. 225
The nature of UN customary law obligations	p. 230
Is humanitarian occupation fundamentally inconsistent with occupation law?	p. 233
The prohibition against altering legal and political institutions in the occupied territory: the conservationist principle	p. 233
Limited exceptions to the conservationist principle	p. 237
Military necessity	p. 237
Obligations imposed by the Fourth Geneva Convention	p. 238
Broader challenges to the conservationist principle	p. 242
A reformist reading of occupation law	p. 242
Is the conservationist principle an anachronism?	p. 249
Two transformative occupations: challenging the conservationist principle	p. 255
The occupation of Germany	p. 255
The Iraq occupation	p. 259
Social engineering in Iraq	p. 259
Did the Security Council endorse a "transformative occupation"?	p. 263
Resolution 1483 as precedent	p. 269
Conclusions	p. 270
Reforming the law: the Security Council as legislator	p. 273
Transcending state-centric norms	p. 274
Normative origins	p. 275
The reciprocal nature of state-centric norms	p. 279
State-centric norms and a collective agenda	p. 285
Lack of adjudicatory mechanisms	p. 286
Security Council legislation	p. 288
A distinct competence	p. 289
Council legislation in practice	p. 290
Legitimating legislative acts	p. 294
Subjective element: norms and state interests	p. 295
Objective element: supportive practice	p. 299
Conclusions	p. 303
Conclusions	p. 305
Index	p. 309
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