The Continuance and End of an Occupation
19 Pages Posted: 23 Nov 2011
Date Written: November 10, 2011
Despite the paramount importance the continuance and end of occupation have, occupation law fails to address them in a straightforward manner. Scholarship and case law by employing the effective control test have tried to address this lacuna, an approach however that has generated even more contention. Recent cases as was Iraq after the adoption of Security Council Resolution 1546 and Gaza after the implementation of the Israeli Disengagement Plan have proved the traditional approach to these phases of an occupation wrong. Contrary to the common belief that we speak of rather sui generis situations on the ground this paper argues that the reason for such enigmatic cases, stems not by the factual conditions but rather due to a misunderstanding of Article 42 of the Hague Regulations.
Keywords: occupation, end, continuance, effective control
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