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Individual Right to Claim Damages under Article 3 of Hague Convention IV:Expert Opinion, 1997

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Chapter Summary

Prior to entering into the question of the right interpretation of Article 3 of the Convention (IV) Respecting the Laws and Customs of War on Land, signed at The Hague, 18 October 1907, some brief comments about two points of a more general nature are in order. The points concern the question whether the Convention as a whole was binding on Japan at the time of the Second World War, and whether it was applicable to that country as a party to that armed conflict. Before entering into some of the aspects of the practice of diplomatic protection, this chapter discusses whether under Article 3 of the Convention a person who as a resident of occupied territory has suffered damage or injury as a result of a violation of the laws of war committed by members of the occupation army.

Keywords: armed conflict; diplomatic protection; Hague Convention IV; individual right; laws of war



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