Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of UN Resolutions
- List of abbreviations
- 1 The general framework
- 2 The legal nature and basic principles of belligerent occupation
- 3 Human rights and belligerent occupation
- 4 The maintenance of law and order in occupied territories
- 5 Legislation by the Occupying Power
- 6 The judicial system in occupied territories
- 7 Protection of the civilian population under belligerent occupation
- 8 Special protection in occupied territories
- 9 Destruction and pillage of property in occupied territories
- 10 Seizure and use of property in occupied territories
- 11 Other major issues relating to belligerent occupation
- 12 The termination of belligerent occupation
- Conclusion
- Index of persons
- Index of subjects
- References
1 - The general framework
Published online by Cambridge University Press: 24 January 2011
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of UN Resolutions
- List of abbreviations
- 1 The general framework
- 2 The legal nature and basic principles of belligerent occupation
- 3 Human rights and belligerent occupation
- 4 The maintenance of law and order in occupied territories
- 5 Legislation by the Occupying Power
- 6 The judicial system in occupied territories
- 7 Protection of the civilian population under belligerent occupation
- 8 Special protection in occupied territories
- 9 Destruction and pillage of property in occupied territories
- 10 Seizure and use of property in occupied territories
- 11 Other major issues relating to belligerent occupation
- 12 The termination of belligerent occupation
- Conclusion
- Index of persons
- Index of subjects
- References
Summary
Belligerent occupation as a natural phenomenon in war
1. A study of the legal regime of belligerent occupation must begin with the observation that it is frequently misconstrued or misunderstood, to a degree that shrouds it in many a myth. The most persistent myth is that the occurrence of belligerent occupation is an anomaly or even an aberration. In reality, when an international armed conflict breaks out, armies tend to be on the move on the ground whenever they have an opportunity to do so. Each Belligerent Party usually spares no effort to penetrate, and if possible take possession of, the territory of the enemy. Sometimes both sides in an international armed conflict do that simultaneously, in opposite directions, in diverse sectors of the front. Once combat stabilizes along fixed lines, not coinciding with the original international frontiers, the cross-border areas seized and effectively controlled by a Belligerent Party are deemed to be subject to belligerent occupation. The bedrock of this form of government is a trilateral relationship between the Occupying Power, the displaced sovereign and the civilian population of the occupied territory.
2. Belligerent occupation ordinarily covers only a fraction of the overall territory of the enemy, so that the displaced sovereign loses only a part (or parts) of its land while continuing to exercise full control in the remaining area.
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- The International Law of Belligerent Occupation , pp. 1 - 30Publisher: Cambridge University PressPrint publication year: 2009