Jus in Bello

Question 1

What is the Law of Occupation?

Answer 1

The law of occupation refers to the legal framework that governs the behavior of occupying powers
in territories they have militarily occupied during armed conflict.

Question 2

When does the law of occupation start?

Answer 2

The rules of IHL relevant to occupied territories become applicable whenever territory
comes under the effective control of hostile foreign armed forces, even if the occupation
meets no armed resistance and there is no fighting.

Question 3

What does control mean?

Answer 3

1) It could be taken to mean that a situation of occupation exists whenever a party to a conflict exercises some level of authority or control within foreign territory.
2) An alternative and more restrictive approach would be to say that a situation of occupation exists only once a party to a conflict is in a position to exercise sufficient authority over enemy territory to enable it to discharge all of the duties imposed by the law of occupation.

Question 4

Which are the criteria for occupation?

Answer 4

1. Foreign armed forces
2. Lack of consent
3. Notion of “authority”

Question 5

When does occupation end?

Answer 5

Occupation ceases when the occupying power ends effective control over the territory of the occupied country.