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9 - Law of Occupation

Published online by Cambridge University Press:  24 August 2023

Nicholas Tsagourias
Affiliation:
University of Sheffield
Alasdair Morrison
Affiliation:
Land Warfare Centre
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Summary

The chapter begins with discussion of the definition of occupation, beginning of occupation, and the end of occupation. It then reviews the rights and duties of the occupying power under Hague Convention IV as customary law addressing public order and safety, security needs of the occupying power, amendment of domestic laws of occupied territory, prolonged occupation of territory and transformative occupation. The chapter then considers the use of lethal force in occupied territory, transfer of the ocupying powers population into occupied territory, deportation, detention and destruction of property. It then addresses the application of IHRL in military occupation and finally the analogous UN adminstration of territory.

Type
Chapter
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International Humanitarian Law
Cases, Materials and Commentary
, pp. 257 - 290
Publisher: Cambridge University Press
Print publication year: 2023

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