![]() Therefore, for the applicability of the law of occupation, it makes no difference whether an occupation has received Security Council approval, what its aim is, or indeed whether it is called an “invasion”, “liberation”, “administration” or “occupation”. Once a situation exists which factually amounts to an occupation the law of occupation applies – whether or not the occupation is considered lawful. The legality of any particular occupation is regulated by the UN Charter and the law known as jus ad bellum. They also apply in situations where the occupation of state territory meets with no armed resistance. "Īccording to their common Article 2, the four Geneva Conventions of 1949 apply to any territory occupied during international hostilities. The occupation extends only to the territory where such authority has been established and can be exercised. Rumsfeld, 542 U.S 507 (2004)įurther Reading: Michigan Journal of International Law Article on conflict recognition.Article 42 of the 1907 Hague Regulations (HR) states that a " territory is considered occupied when it is actually placed under the authority of the hostile army. Some war crimes require an international armed conflict, while others require only a domestic armed conflict.ĭomestic armed conflicts do not include "situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature." They do include "armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups." In international criminal law, prosecution for a war crime requires the existence of an armed conflict. ![]() ![]() Domestic armed conflicts occur when there is conflict between a state and one or more non-state armed groups or among non-state armed groups. ![]() International armed conflicts occur when there is conflict between two or more states. Armed conflicts are contextualized into two different categories: international armed conflicts and domestic armed conflicts. ![]()
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