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Part 2 The Scope of the Occupant’s Powers and Obligations, 3 Maintaining Public Order and Life in Occupied Territories: General Issues and Specific Obligations

From: Occupation in International Law

Eliav Lieblich, Eyal Benvenisti

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Conduct of hostilities — Occupation — Territory

This chapter addresses the two main provisions which delineate the scope of powers and obligations of occupants: Article 43 of the Fourth Hague Convention and Article 64 of the Fourth Geneva Convention. Specifically, it focuses on the basic tension inherent in these provisions: that between the duty to respect the status quo in the territory (the "conservationist principle") and the occupant’s duty to further the welfare of the local population. After discussing Articles 43 and 64 generally, the chapter moves to address how the principles that these articles enshrine are reflected in the legislative, administrative, and judicial powers of the occupant. The chapter ends with an analysis of some specific obligations established by the law of occupation, such as special duties in relation to children, essential needs, humanitarian access, cultural property and gender.

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