Illegal Occupation and its Consequences

Israel Law Review, Vol. 41, pp. 201-245, 2008

Hebrew University International Law Research Paper No. 17-08

46 Pages Posted: 5 Nov 2008

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: November 1, 2008

Abstract

This Article explores the grounds and consequences of illegal occupation. It proposes that an occupation may be considered illegal if it is involves the violation of a peremptory norm of international law that operates erga omnes, and is related to territorial status. Accordingly, illegal occupations are primarily those achieved through violation of the prohibition on the use of force and of the right to self-determination, or maintained in violation of the right to self-determination. This examination forms the basis for a systematic analysis of specific occupations that have been declared illegal by U.N. organs. The second part of the Article addresses the consequences of an occupation's illegality, in view of the political and legal objectives of determining such illegality. It considers the international responsibility for an illegal occupation; the obligation of non-recognition and the law applicable to an illegal occupation; and the right to self-defense. The Article concludes by commenting on the role of "illegal occupation" as a category under international law.

Keywords: Occupation, illegal occupation, use of force, self-determination, non-recognition, self-defence, State responsibility

Suggested Citation

Ronen, Yael, Illegal Occupation and its Consequences (November 1, 2008). Israel Law Review, Vol. 41, pp. 201-245, 2008, Hebrew University International Law Research Paper No. 17-08, Available at SSRN: https://ssrn.com/abstract=1293286

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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