The United States Department of Defense Law of War Manual : commentary and critique
Cambridge : Cambridge University Press, 2018
This chapter examines the stance of the US Department of Defense 2016 Law of War Manual on two questions : the applicability of the legal regime as lex specialis, and the limitations that it imposes on the authority of the occupying power to introduce long-term changes in the territory under control. It first examines what the manual says explicitly of transformative occupation. It then proceeds to examine the manual's interpretation of the Occupying Power's authority as a general matter and the extent to which this interpretation leaves room for engagement in transformative enterprises. Finally, the chapter considers the manual's approach to the applicability of the law of occupation, by analyzing the circumstances in which the manual purports to exclude that law.