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  1. The legitimacy of occupation authority: beyond just war theory.Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):392-413.
    So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the (...)
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  • Occupation courts, jus ad bellum considerations, and non-state actors: Revisiting the ethics of military occupation.Alejandro Chehtman - 2015 - Legal Theory 21 (1):18-46.
    ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war (...)
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