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The Law Of Occupation And Peace Support Operations—At Odds?

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Chapter Summary

The law of occupation is part of IHL. Its main sources are the Hague Regulations concerning the Laws and Customs of War on Land, attached to the 1907 Hague Convention no.IV Respecting the Laws and Customs of War on Land, the 1949 Geneva Conventions I?IV, and Additional Protocols (AP) I and II to the 1949 Geneva Conventions. This chapter shows that IHL of military occupation is applicable in any situation that, as a matter of fact, comes under the IHL definition of occupation. Any transformation beyond these standards must be authorized by the Security Council and is limited by the objects and purpose of the UN Charter and by peremptory norms of international law. Under the four 1949 Geneva Conventions, the goal of the principle of preservation is limited to the humanitarian function, to safeguard human beings, and not to protect the political institutions and government of the state.

Keywords: 1949 Geneva Conventions; IHL; IHL of military occupation; international law; peace support operations; Security Council



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