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Book chapter
English

The Concept and the Beginning of Occupation

ContributorsSassòli, Marco
Published inThe 1949 Geneva Conventions, A Commentary, Editors Clapham, Gaeta and Sassòli, p. 1389-1419
PublisherOxford : Oxford University Press
Publication date2015
Abstract

This chapter focuses on the concept and beginning of military occupation. It first discusses the traditional criteria that must be fulfilled for a territory to be considered occupied: the establishment of effective control over territory by a belligerent power, loss of effective control by its adversary and absence of consent by the latter. Subsequently, those criteria which are not relevant for determining whether a territory is occupied are discussed. On this basis the chapter then addresses the controversy of whether and to what extent the rules of international humanitarian law (IHL) on military occupation already apply during an invasion. Lastly, the chapter deals with special cases, such as occupation without armed resistance and national liberation wars, the relevance of occupation in non-international armed conflicts and the particular legal consequences of a violation of IHL on military occupation.

Keywords
  • Geneva Convention IV 1949
  • Occupation
  • Armed conflict
  • Invasion
  • Control
  • Territory
Citation (ISO format)
SASSÒLI, Marco. The Concept and the Beginning of Occupation. In: The 1949 Geneva Conventions, A Commentary. Oxford : Oxford University Press, 2015. p. 1389–1419.
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Book chapter (Published version)
accessLevelPrivate
Identifiers
  • PID : unige:77202
ISBN978-0-19-967544-9
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