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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

Humanitarian Law


Jayyous gate in the Wall, November 2005. Matilda Svensson, EAPPI

Occupation or an occupied territory – What is it?

A “...territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.” (Article 42 of the Hague Regulations.)

Read more about the Hague Regulations

Once a situation exist which amounts to an occupation, the law of occupation applies – motives for the presence of the foreign military forces are irrelevant. The question is a matter of facts. It does not make a difference whether an occupation has received UN Security Council approval or what its aim is for the applicability of the law of occupation.

Occupation does not give the occupying power sovereignty over the territory; occupation is only temporary.

The legality of any particular occupation is regulated by the UN Charter and the law known as "jus ad bellum". It means the legality of the use of force itself and whether the war is just or not. This is different than "jus in bellum" which relates to the legality of the actions of the parties during the armed conflict.
To ICRC and Article 42


Summary of the main rules of occupation

Civilians shall be treated as protected persons (article 4 IVGC and article 47 IVGC). They are entitled to respect for their person, their honour, their family rights, religious convictions, and traditions. They shall be treated humanely and never be discriminated against (article 27 IVGC).
To ICRC and Article 4 
To ICRC and Article 27
To ICRC and Article 47
Read more about the rules of occupation

What is the occupying power responsible for?

To the fullest extent of the means available, the occupying power must ensure sufficient hygiene and public health standards, as well as the provision of food and medical care to the population under occupation (article 55 IVGC and article 56 IVGC).
To ICRC and Article 55
To ICRC and Article 56
Read more about the responsibilities of the occupying power

Revised
10/09/2008 Lydia Gall ihl_diakonia@palnet.com

International Humanitarian Law Program

Diakonia Regional Office in Jerusalem
ihl_diakonia@palnet.com

Diakonia in Sweden
www.diakonia.se

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