The International Law of Belligerent Occupation

Dinstein, Yoram

doi:10.1017/9781108671477

Cited by 41 publications

(13 citation statements)

References 119 publications

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“…Examples include the occupation of Chechens by Russians, of Tibetans by Chinese, and of Palestinians by Israelis. Prolonged occupation is unique in the realm of territorial occupation following an armed conflict, referred to in legal literature as belligerent occupation (see Benvenisty, ; Dinstein, ; Edelstein, ; Roberts, ). Long‐lasting occupation of this type almost always involves claims by the occupying society, which often views the occupied territory as its own.…”

Section: Prolonged Occupation: Its Characteristics and Implicationsmentioning

confidence: 99%

Perceptions of Prolonged Occupation as Barriers to Conflict Resolution

Rosler

Sharvit

Bar‐Tal

2017

Political Psychology

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The goal of this research was to examine whether a denial of a prolonged occupation by the occupying society constitutes a meaningful sociopsychological barrier to resolving the conflict peacefully. We hypothesized that this perception will be associated with objections both to conflict resolution processes and to specific compromises intended to end the occupation. Furthermore, we hypothesized that the association between denial of the occupation and compromises will be partially mediated by denial of its costs, low levels of moral emotions, and closure to new information about the conflict. Taking the prolonged Israeli occupation as our case study, we used three nationwide representative polls of Jewish Israelis to test our hypotheses. The studies supported our hypotheses, pointing to the distinct role that the perception of prolonged occupation by the occupying society plays in peacefully ending this situation, and the psychological mechanisms underlying occupation denial as a barrier to conflict resolution.

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Section: Prolonged Occupation: Its Characteristics and Implicationsmentioning

confidence: 99%

Perceptions of Prolonged Occupation as Barriers to Conflict Resolution

Rosler

Sharvit

Bar‐Tal

2017

Political Psychology

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“…67 In this regard, several authors have suggested that a distinction be made between renewable and non-renewable natural resources. 68 Applied to Western Sahara, this would mean that the exploitation of renewable natural resources of Western Saharan territory under Moroccan occupation, such as fish traded under the EU-Moroccan Fisheries Partnership Agreement, should not lead to permanent depletion, but instead has to be 'sustainable and not abusive, consistent with the inter-generational dimension of the trusteeship principle'. 69 Non-renewable resources, such as minerals, phosphate, timber and natural gas, could only be exploited according to the levels of production that existed and were envisaged prior to the occupation of the occupied territory.…”

Section: The Implications For the Eumentioning

confidence: 99%

EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

Ryngaert

Fransen

2018

Eur. World

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This paper provides a critical analysis of the recent judgments of the General Court of the EU and the Court of Justice of the EU in the case of Front Polisario v Council , which concerned the application of the EU-Morocco Liberalisation Agreement to products from Western Sahara. The central argument is that both EU courts failed to adequately consider the nature of the Moroccan presence on Western Saharan territory: a belligerent occupation. In light of this occupation, the courts should have channelled the EU’s extraterritorial obligations vis-à-vis the population of Western Sahara through the tailor-made regimes of the law of occupation and the international duty of non-recognition. It is argued that the application of the Liberalisation Agreement may notably run afoul of the EU’s duty of non-recognition, but that the Agreement may still apply insofar as it benefits the local population. More fundamentally, after Front Polisario , the EU may want to reconsider all trade relations in respect of occupied territories by distinguishing between legitimate and illegitimate products.

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“…Interestingly, he also develops that the latter obligation relates to the acts of commission whereas the obligation to respect local law "calls for acts of omission." 54 Therefore, the ratio behind Art. 43 HagueReg could be described as that the occupying power is not sovereign and its legislative powers are limited with regard to occupied territories, but the aim to protect occupying power´s security and to maintain public order and security for local population legitimizes it´s power to legislate where necessary to fulfil these aims.…”

Section: The Meaning Of the Obligation "To Respect"mentioning

confidence: 99%

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

Stejskal¹

2018

International and Comparative Law Review

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This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the conclusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.

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The International Law of Belligerent Occupation

Cited by 41 publications

References 119 publications

Perceptions of Prolonged Occupation as Barriers to Conflict Resolution

Perceptions of Prolonged Occupation as Barriers to Conflict Resolution

EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

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