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The Laws Of Occupation

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Chapter Summary

The laws relating to the occupation of territory after an armed conflict are fundamental for the obligations of international actors involved in post-conflict operations, although their application is often overlooked. This chapter focuses on the content of the laws of occupation, and in particular on those certain rules which may have an influence when the laws of occupation are applicable in peace-building missions. It addresses the application of that regime to the UN and other international organisations when engaged in peacekeeping operations, peace-building missions and international administrations. Article 42 of the Hague Regulations defines occupation of territory when it is actually placed under the authority of the hostile army. Belligerent occupation, or occupatio bellica, is the most classical form of foreign occupation and implies occupation by a belligerent state of the territory of another belligerent state after the end of armed conflict.

Keywords: armed conflict; belligerent occupation; foreign territory; international administrations; laws of occupation; peace-building missions; post-conflict operations

10.1163/ej.9789004170230.i-334.40
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