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Apr 8, 2004 · The rules of international humanitarian law relevant to occupied territori es become applicable whenever territory comes under the effective control of hostile foreign armed forces, even if the occupation meets no armed resistance and there is no fighting. The question of " control " calls up at least two different interpretations.
Occupation and the laws of war. A dominant principle that guided combatants through much of history was "to the victory belong the spoils". Emer de Vattel, in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their "continued existence".
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03.08.2023. I. Introduction. Occupation is one of the best-known institutions of international law. It has been present in the legal world[1]for a long time. Over the years, it has found its regulation in various international legal sources (such as the Hague Conventions of 1907 and the Geneva Conventions of 1949) and national legislations (e.g ...
See E. Fraenkel, Military Occupation and the Rule of Law (1944); C. J. Friedrich, ed., American Experiences in Military Government in World War II (1948); and D. A. Graber, Development of the Law of Military Occupation, 1863–1914 (1948, repr. 1969). Following the surrender of the French armed forces in 1940, the Germans occupied part of the ...
occupation by proxy and occupation by multinational forces. Keywords: occupation, effective control, authority, consent, legal test, occupation by proxy, occupation by multinational forces. Recent occupations have raised a new set of legal questions. Much attention, however, has been given to the substantive rules of occupation, to the detriment of
This chapter addresses the threshold questions of the law of occupation: how is occupation legally defined, what territory can be occupied and by whom, and relatedly, when does occupation begin and end. It first introduces the traditional conditions for the existence of occupation. It then discusses the occupation of territories of states and of territories considered "non-sovereign." The ...
