What is the Occupying Power Responsible For?

Below you will find a summary of the main responsabilities of an occupying power:

• To the fullest extent of the means available to it, 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 (articles 55 and 56 IVGC).
  To ICRC and Article 55
  To ICRC and Article 56
• The protection of children and the facilities for their upbringing (schools etc.). It must cooperate with national and local authorities, taking any measures necessary to facilitate the identification of children and ensuring that they receive adequate support (article 50 IVGC).
  To ICRC and Article 50
• Allowing humanitarian aid shipments (food, clothing and medical supplies) for the benefit of the population and facilitating the accessibility of such shipments (article 59 IVGC).
  To ICRC and Article 59
• Allowing civilians to receive personal aid shipments (article 62 IVGC).
  To ICRC and Article 62
• The occupying power is prohibited to destroy any property unless it is absolutely necessary by military operation (article 53 IVGC).
  To ICRC and Article 53
• The occupying power cannot confiscate private property (article 46 Hague Regulations).
  To ICRC and Article 46
• Food and medical supplies may be requested for the use of the occupation forces but only if the needs of the civilian population have been taken into account (article 55 IVGC).
  To ICRC and Article 55
• The occupying power may take control any movable public property, which may be used for military operations (article 53 Hague Regulations).
  To ICRC and Article 53
• The occupying power does not obtain ownership of immovable public property in the occupied territory, since it is only a temporary administrator. Under certain restrictions, it can nevertheless make use of public property, including natural resources, but it must safeguard their value (article 55 Hague Regulations). The idea behind this regulation was to srve the needs of the occupying power and to maintain the assets of the occupied people until the conflict is resolved.
  To ICRC and Article 55

The Wall near 'Aida Refugee Camp, Bethlehem, September 2004.
Photo: Kate O'Rourke