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The Duties Of The Occupying Power: An Overview Of The Recent Developments In The Law Of Occupation

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Chapter Summary

The Fourth Geneva Convention lays down detailed provisions on the administration of the occupied territory. It is recognized that the Occupying Power is entitled to take measures to protect its own security and permits certain restrictions on civilians within the territory. Where does the law of occupation stand today? It would seem that, prior to Iraq, two separate tracks were beginning to appear. First, there were those occupations which did not meet with international support and to which the international community therefore argued that the law of occupation applied in its full rigour. The second strand were those occupations carried out with the assent of the international community or to which the international community was prepared to extend a degree of legitimacy. To these, attempts were made to remove the constraints of the law of occupation by the application of United Nations law in the form of Security Council Resolutions.

Keywords: fourth Geneva convention; international community; Iraq; law of occupation; occupying power; security council resolutions; United Nations law



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