Words nearby Occupied Territories Occupational Safety and Health Administration , occupational therapy , occupation franchise , occupation groupings , occupation layer , Occupied Territories , occupier , occupy , occur , occurrence , occurrent. All rights reserved. How to use Occupied Territories in a sentence Guilt, when dispensed in the circumstances Morris occupied, is the anti-Viagra. Blackwood's Edinburgh Magazine, No.
The occupying power faces specific obligations where it has an effective control over the territories occupied. These include obligations related to respect for human rights, law, and order, in addition to respect for relevant provisions of humanitarian law related to occupation.
The basic obligations of the occupying power under IHL are to maintain law and order and public life in the occupied territory. For the most part, the occupying power must follow the laws that were already in force in that territory H.
In situations where armed resistance is strong enough to prevent the occupying power from efficiently controlling the territory, general provisions of international humanitarian law applicable to international armed conflict continue to apply.
Sometimes, occupying forces do not succeed in establishing or exercising authority over a certain territory—for instance, because of hostile acts committed against them by combatants of the occupied territory. In such cases, humanitarian law does not consider these areas as occupied territories but instead as invaded territories.
In other words, they are battlefields, and the rules that apply to them are the general rules of armed conflict. The occupying power has the duty to ensure that the adequate provision of food and medical supplies is provided, as well as clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory, and objects necessary for religious worship GCIV Arts.
The occupying power must allow the protecting power, or the ICRC and other impartial humanitarian organizations, to verify the state of these supplies in occupied territories, and to visit protected persons so as to monitor their condition GCIV Arts. It is also under the obligation to allow the ICRC or any other impartial humanitarian organization to undertake their own strictly humanitarian relief actions aimed at this population.
All States must allow and facilitate rapid and unimpeded passage of all relief supplies and must not divert them, in any way whatsoever, from their destination. The only restrictions that parties to the conflict may impose are technical ones, or they may ask for guarantees that the relief is destined to the population in need and will not be used by the adverse power.
The fact that humanitarian organizations are delivering relief in no way relieves the occupying power of any of its own responsibilities to ensure that the population is properly supplied GCIV Arts. The occupying power may only requisition food, medical supplies, clothing, bedding, means of shelter, and other supplies essential to the survival of the civilian population of the occupied territory, for use by its forces and administration, if the needs of the civilian population in the occupied territory are covered GCIV Art.
These requisitions must not be of a kind to involve the inhabitants of occupied territories in an obligation to take part in the military operations of the occupying power H. The occupying power is entitled to requisition of civilian hospitals on strictly limited conditions. It must also ensure that the needs of the civilian population are met and continue to be so GCIV Arts. The occupying power must not transfer or deport the population of occupied territories or transfer parts of its own civilian population into the territory it occupies GCIV Art.
The occupying power must respect the personal status of children and must not hinder the proper working of all institutions devoted to their care and education.
It may not enlist them in formations or organizations that are subordinate to it. It must also maintain any preferential measures that may have been adopted in favor of children and mothers GCIV Art.
The occupying power may not compel persons protected by the Geneva Conventions to serve in its armed forces. It may not compel them to undertake any work that would involve them in military operations, and any work they do must be carried out only in the occupied territory where they are. In no case shall requisition of labor lead to a mobilization of workers in an organization of a military or semi-military character GCIV Art.
Any destruction by the occupying power of real estate or personal property is prohibited, unless such destruction is rendered absolutely necessary by military operations GCIV Art.
Seizure, destruction or willful damage to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments or works of art and science, is forbidden and should be the subject of legal proceedings H.
Rules of customary international humanitarian law applicable to international armed conflicts provide that in an occupied territory, a movable public property that can be used for military operations may be confiscated, b immovable public property must be administered according to the rule of usufruct, and c private property must be respected and may not be confiscated except where destruction or seizure of such property is required by imperative military necessity Rule 51 of customary IHL study; H.
IV Arts. Pillage is formally forbidden, and the occupying power is responsible for avoiding and punishing such acts committed by its own combatants and agents H.
The obligation on the occupying power to be vigilant and take action also extends to acts committed by third parties and autonomous armed groups operating in the occupied territory infra Jurisprudence.
The justice system for civilians in occupied territories must respect certain judicial guarantees established by the Geneva Conventions GCIV Arts. Protected persons accused of offenses must be detained in the occupied country and, if convicted, serve their sentences therein GCIV Art. When a territory is placed under the authority of a hostile army, the rules of international humanitarian law dealing with occupation apply. Occupation confers certain rights and obligations on the occupying power.
The occupying power must respect the laws in force in the occupied territory, unless they constitute a threat to its security or an obstacle to the application of the international law of occupation.
The occupying power must take measures to restore and ensure, as far as possible, public order and safety. To the fullest extent of the means available to it, the occupying power must ensure sufficient hygiene and public health standards, as well as the provision of food and medical care to the population under occupation. The population in occupied territory cannot be forced to enlist in the occupier's armed forces.
Collective or individual forcible transfers of population from and within the occupied territory are prohibited. Transfers of the civilian population of the occupying power into the occupied territory, regardless whether forcible or voluntary, are prohibited.
The destruction or seizure of enemy property is prohibited, unless absolutely required by military necessity during the conduct of hostilities. People accused of criminal offences shall be provided with proceedings respecting internationally recognized judicial guarantees for example, they must be informed of the reason for their arrest, charg ed with a specific offence and given a fair trial as quickly as possible.
The ICRC, in particular, must be given access to all protected persons, wherever they are, whether or not they are deprived of their liberty. Food and medical supplies may be requisitioned exclusively for the use of the occupation forces and administration personnel themselves i.
The occupying power may seize any movable property, belonging to the state, which may be used for military operations HR, art.
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