
Contents
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1 Introduction 1 Introduction
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2 The General Legal Framework Governing Occupation 2 The General Legal Framework Governing Occupation
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3 The Beginning and End of Occupation 3 The Beginning and End of Occupation
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A. The necessary presence of foreign forces A. The necessary presence of foreign forces
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B. The exercise of authority over the occupied territory B. The exercise of authority over the occupied territory
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C. The non-consensual nature of belligerent occupation C. The non-consensual nature of belligerent occupation
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4 Delimiting the Rights and Duties of the Occupying Power: The Question of ‘Transformative Occupation’ 4 Delimiting the Rights and Duties of the Occupying Power: The Question of ‘Transformative Occupation’
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A. The scope of authority of the Occupying Power A. The scope of authority of the Occupying Power
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B. The case of ‘transformative occupation’ B. The case of ‘transformative occupation’
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5 The Relationship Between the Law of Occupation and Human Rights Law in Light of the Issue of the Use of Force in Occupied Territory 5 The Relationship Between the Law of Occupation and Human Rights Law in Light of the Issue of the Use of Force in Occupied Territory
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8 The Law of Occupation
Get accessPhilip Spoerri is Director for International Law and Cooperation at the International Committee of the Red Cross.
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Published:02 June 2014
Cite
Extract
Introduction
For many years, occupation and the legal questions that it raised concerned a limited number of contexts such as the Palestinian territories, Northern Cyprus, or the brief occupation of Kuwait by Iraq. Most legal issues had been comprehensively discussed, if not necessarily agreed upon. In terms of legal topics to be explored, occupation appeared to be a topic of the past or at least a topic followed by a very small number of experts.
Undeniably, the occupation of Iraq in 2003–04 brought the topic back into the focus of attention and raised a number of new questions. Apart from this specific event, however, recent years have been characterized by a multiplication of extraterritorial military interventions. Some of these interventions have given rise to new forms of foreign military presence in the territory of a state, sometimes consensual but very often imposed. These new forms of military presence have thus renewed interest in the law of occupation. In this respect, the topic has attracted considerable comment, in particular in the legal doctrine. Some commentators challenge the relevance of the law of occupation head-on while others emphasize that this body of law still serves useful purposes.
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