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E-book Occupation and Other Forms of Administration of Foreign Territory
Recent years have seen a significant number of extraterritorial military interventions. In addition to the persistence of traditional forms of occupation,1 some of these interventions have given rise to new forms of foreign military presence on the territory of a State, sometimes consensual but very often imposed. These new forms of military presence have – to a certain extent – revived occupation law. Further, they have raised various legal questions,2 particularly in these four areas: determining the beginning and end of occupation; delimiting the rights and duties incumbent upon an occupying power; identifying precisely the legal framework governing the use of force in occupied territory; and assessing the relevance of the concept of occupation for the United Nations’ administration of territory.
Determining the beginning and end of occupation: despite the fact that occupation law is a recognized
branch of international humanitarian law (IHL), past practice demonstrates that most occupants have
devised claims for the inapplicability of occupation law while maintaining effective control over a foreign territory or part thereof. This is evidence of States’ reluctance to be perceived as occupying powers.
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