Part 1 Concepts and General Frameworks, 1 Occupation: History, Normative Framework, Concepts

Subject(s):

National treatment — International humanitarian law — Sovereignty — Use of force, war, peace and neutrality

This chapter provides a general introduction to occupation under international law. It begins with a short introduction to the concept of occupation as an exceptional regime. It then moves to present a very brief history of the concept, followed by an outline of the normative framework that governs occupation under contemporary international law. Thereafter, the chapter analyzes several theoretical issues that are crucial to understanding the challenges and dilemmas that permeate this body of law – such as the nature of the occupant's authority, occupation and sovereignty, purported unilateral annexation and the notion of illegal occupation. The concepts and theoretical tensions discussed in this chapter arise frequently in the analysis of specific issues in later chapters.occupation