Essay On Belligerent Occupation

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In International Law, occupation is described as a temporary result, which involves no transfer of sovereign power. Belligerent Occupation is simply defined as a territory that is placed under the control of a hostile power/army. The basic principles of the Law of Belligerent Occupation are comprised from The Forth Geneva Convention, The Hague Regulations, as well as other bodies of International Law such as International Humanitarian Law and Additional Protocol I. There are four main principles: 1. The Belligerent occupation does not completely transfer sovereignty over territory to the occupying power (which exercises de facto authority) 2. The Occupation is that of a provisional occurrence. Whereby the rights of the occupant is governed by an “overriding obligation to respect the existing laws and rules of the administration” 3. The two basic rules that the occupying power must follow is the respect for the inhabitants and its fulfillment of its military needs. 4. The occupying power cannot and should not exploit the inhabitants of the belligerent territory to benefit its own population and territory. In addition, The Law acquires strict limitations to the occupying power and its relation to the economy of the occupied land and exceptions are made for only the following reasons: 1. To protect and ensure the well being and interest of the inhabitants 2. For the expenses involved in the occupation 3. Military needs The occurrence of the Occupation and its rules come into effect upon the start of military occupation, and remain in effect until the withdrawal of military occupation. According to the ICJ, it considers the 1899 and 1907 Hague conventions, as well as Geneva IV with the consideration of the United Nations Inte... ... middle of paper ... created in order to prevent another occurrence of ill treatment towards the occupied territories that occurred in WWII, and to be more effective than that of The Hague Regulations, which deemed unsuccessful in fulfilling the safety of the occupied. The Convention states and prohibits actions such as the captivating hostages, deportation of the people in the territories, collective punishments, humiliations and defying the dignity of the civilians based on race, nationality, religion and color. In short, the Geneva Convention serves the purpose to ensure the safety of the civilians in belligerent occupation equally (both the power and the belligerent). In addition, the Convention states when Belligerent occupation should end, and that is through effective political settlements of the dispute that relates and coincides with the rules of the International Law.
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