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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.)
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. Summary of the main rules of occupationCivilians 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). |
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