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Section III of the regulations details the rights and obligations of the military authority over enemy territory Arts.


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These are very old regulations that, according to the International Court of Justice, have acquired the status of international customary law infra Jurisprudence. This definition takes into account the effective control of the territory by a hostile authority and seeks to regulate the responsibility of such an authority. International humanitarian law stipulates that the definition of occupation only extends to territories where such authority has been established and can be exercised H. IV Art. Contemporary international humanitarian law has clarified and added to the rights and duties of occupying forces, the rights of the populations of occupied territory, and the rules for administering such territory GIV Arts.

Several recent decisions by international courts have also confirmed that the occupying power is obliged to comply with its human rights obligations in occupied territories and in respect of people placed under its effective control as a result of occupation or detention.

These decisions thus confirm that the application of international humanitarian law is complementary to the conventions on human rights in these situations. The European Court of Human Rights ECHR has notably passed judgments on violations of the European Convention committed by European countries in relation to their intervention in Iraq and military occupation of the country infra Jurisprudence.

According to humanitarian law, occupation falls in the definition of international armed conflict and is regulated as such by the four Geneva Conventions and Additional Protocol I. The occupying power faces specific obligations where it has an effective control over the territories occupied.

These include obligations related to respect for human rights, law, and order, in addition to respect for relevant provisions of humanitarian law related to occupation. The basic obligations of the occupying power under IHL are to maintain law and order and public life in the occupied territory. For the most part, the occupying power must follow the laws that were already in force in that territory H.

In situations where armed resistance is strong enough to prevent the occupying power from efficiently controlling the territory, general provisions of international humanitarian law applicable to international armed conflict continue to apply. Sometimes, occupying forces do not succeed in establishing or exercising authority over a certain territory—for instance, because of hostile acts committed against them by combatants of the occupied territory.

In such cases, humanitarian law does not consider these areas as occupied territories but instead as invaded territories. In other words, they are battlefields, and the rules that apply to them are the general rules of armed conflict.

The occupying power has the duty to ensure that the adequate provision of food and medical supplies is provided, as well as clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory, and objects necessary for religious worship GCIV Arts.

The occupying power must allow the protecting power, or the ICRC and other impartial humanitarian organizations, to verify the state of these supplies in occupied territories, and to visit protected persons so as to monitor their condition GCIV Arts. It is also under the obligation to allow the ICRC or any other impartial humanitarian organization to undertake their own strictly humanitarian relief actions aimed at this population.

All States must allow and facilitate rapid and unimpeded passage of all relief supplies and must not divert them, in any way whatsoever, from their destination. The only restrictions that parties to the conflict may impose are technical ones, or they may ask for guarantees that the relief is destined to the population in need and will not be used by the adverse power.

Chapter 3: Israeli Settlements and International Law | Amnesty International

The fact that humanitarian organizations are delivering relief in no way relieves the occupying power of any of its own responsibilities to ensure that the population is properly supplied GCIV Arts. The occupying power may only requisition food, medical supplies, clothing, bedding, means of shelter, and other supplies essential to the survival of the civilian population of the occupied territory, for use by its forces and administration, if the needs of the civilian population in the occupied territory are covered GCIV Art.

These requisitions must not be of a kind to involve the inhabitants of occupied territories in an obligation to take part in the military operations of the occupying power H. The occupying power is entitled to requisition of civilian hospitals on strictly limited conditions. It must also ensure that the needs of the civilian population are met and continue to be so GCIV Arts.

The occupying power must not transfer or deport the population of occupied territories or transfer parts of its own civilian population into the territory it occupies GCIV Art.

The occupying power must respect the personal status of children and must not hinder the proper working of all institutions devoted to their care and education. It may not enlist them in formations or organizations that are subordinate to it. It must also maintain any preferential measures that may have been adopted in favor of children and mothers GCIV Art.

The occupying power may not compel persons protected by the Geneva Conventions to serve in its armed forces. It may not compel them to undertake any work that would involve them in military operations, and any work they do must be carried out only in the occupied territory where they are.

Israel’s unlawfully prolonged occupation: consequences under an integrated legal framework

In no case shall requisition of labor lead to a mobilization of workers in an organization of a military or semi-military character GCIV Art. Any destruction by the occupying power of real estate or personal property is prohibited, unless such destruction is rendered absolutely necessary by military operations GCIV Art. Seizure, destruction or willful damage to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments or works of art and science, is forbidden and should be the subject of legal proceedings H.

Rules of customary international humanitarian law applicable to international armed conflicts provide that in an occupied territory, a movable public property that can be used for military operations may be confiscated, b immovable public property must be administered according to the rule of usufruct, and c private property must be respected and may not be confiscated except where destruction or seizure of such property is required by imperative military necessity Rule 51 of customary IHL study; H.

IV Arts. Pillage is formally forbidden, and the occupying power is responsible for avoiding and punishing such acts committed by its own combatants and agents H. The obligation on the occupying power to be vigilant and take action also extends to acts committed by third parties and autonomous armed groups operating in the occupied territory infra Jurisprudence. The justice system for civilians in occupied territories must respect certain judicial guarantees established by the Geneva Conventions GCIV Arts.

Protected persons accused of offenses must be detained in the occupied country and, if convicted, serve their sentences therein GCIV Art. The Geneva Conventions establish specific rights and guarantees of treatment for persons who are interned by the occupying power. Humanitarian law acknowledges the specificity of occupation and grants, upon conditions, the prisoner-of-war guarantees of treatment to civilians and members of militia taking part in hostilities on these territories. Inhabitants of a non-occupied territories who, on the approach of the enemy, spontaneously take up arm to resist the invading forces, without having had time to form themselves into regular armed units, are considered prisoners of war, provided that they carry arms openly and respect the law and customs of war GCIII Art.

Members of militia and of organized resistance movements include those operating in occupied territory. They must be considered prisoners of war if they fall into the power of an adverse party, as long as they:. A combatant who falls into the hands of an adverse party while failing to meet the requirements forfeits his right to be a prisoner of war, but is, nevertheless, entitled to protection equivalent in all respects to those accorded to prisoners of war by the Third Convention and by Additional Protocol I API Art.

A person who takes part in hostilities and falls into the power of an adverse party is presumed to be a prisoner of war and is therefore protected by the Third Geneva Convention.

Samenvatting

Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he will continue to have such status until such time as his status has been determined by a competent tribunal API Art. Individuals who, having taken part in hostilities, are not accorded prisoner-of-war status and who are not covered by more favorable treatment according to Geneva Convention IV enjoy at all times the fundamental guarantees as set forth in Article 75 of Additional Protocol I. On occupied territory, and except where held for spying, detainees are further accorded the right to communicate with the International Committee of the Red Cross, as provided for under the Geneva Conventions.

Apart from the spontaneous uprising taking place before the occupation, humanitarian law also protects civilians taking part in hostilities in both international and non-international conflicts, except during such times when they directly take part in hostilities API Art.

Occupation

They may, under certain circumstances, enjoy prisoner-of-war treatment API Art. In cases of doubt as to whether an individual is a civilian, they will be considered a civilian API Art. Uganda , para. It stipulates that for the presence of foreign armed troops in a territory to be classed as an occupation, they would need to have established a form of authority over the territory concerned. In the present case the Court will need to satisfy itself that the Ugandan armed forces in the DRC were not only stationed in particular locations but also that they had substituted their own authority for that of the Congolese Government.

In that event, any justification given by Uganda for its occupation would be of no relevance; nor would it be relevant whether or not Uganda had established a structured military administration of the territory occupied. Democratic Republic of Congo v. The ICJ has laid down the obligations incumbent on the occupying power. Its responsibilities include a duty of vigilance and the obligation to ensure the safety of the inhabitants, in particular in respect of acts of violence or pillage committed by the agents of the occupying power but also by groups external to it, acting in the occupied territory.

The Court has effectively confirmed that the occupying power.

This obligation comprised the duty to secure respect for the applicable rules of international human rights law and international humanitarian law, to protect the inhabitants of the occupied territory against acts of violence, and not to tolerate such violence by any third party. The occupying power must not transfer or deport the population of occupied territories or transfer parts of its own civilian population into the territory it occupies GCIV Art.

PRACTICE & POLICY NOTES

The occupying power must respect the personal status of children and must not hinder the proper working of all institutions devoted to their care and education. It may not enlist them in formations or organizations that are subordinate to it. It must also maintain any preferential measures that may have been adopted in favor of children and mothers GCIV Art. The occupying power may not compel persons protected by the Geneva Conventions to serve in its armed forces. It may not compel them to undertake any work that would involve them in military operations, and any work they do must be carried out only in the occupied territory where they are.

In no case shall requisition of labor lead to a mobilization of workers in an organization of a military or semi-military character GCIV Art. Any destruction by the occupying power of real estate or personal property is prohibited, unless such destruction is rendered absolutely necessary by military operations GCIV Art. Seizure, destruction or willful damage to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments or works of art and science, is forbidden and should be the subject of legal proceedings H.