The Applicability of Occupation Law to Peacekeeping and other Multi-national Operations
The Applicability of Occupation Law to Peacekeeping and other Multi-national Operations
International law recognizes no relationship of a general nature between the inhabitants of territory in which a foreign military forces is deployed, and the State or organization that has deployed the force, although. The State or organization concerned may nevertheless have obligations towards the local population under IHL and international human rights law. However, where a State is in occupation of territory outside its own borders as a result of armed conflict, there is an extensive body of law governing the relationship between the occupant and the people of the occupied territory, focussed on Geneva Convention IV Relative to the Protection of Civilians in Time of War, 1949 (Geneva Convention IV). This chapter explores the extent to which this body of occupation law applies to peacekeeping and other multi-national operations that differ from belligerent occupation as traditionally conceived.
Keywords: occupation, Hague regulations, civilian convention, war crimes, transitional administration, Somalia, Iraq, Kosovo
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