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Part 2 The Scope of the Occupant’s Powers and Obligations, 5 Security Measures and Military Necessity: Powers and Limitations

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: 07 December 2023

Forced transfers or displacement — Hostage taking — Full protection and security — Military necessity — Occupation — Territory — International peace and security

This chapter deals with the scope of the occupant’s security powers. It begins by discussing the valid security considerations that can be taken into account by the occupant, and the general security means that are available to it. Doing so, it discusses the emergence of proportionality as a general limitation on security powers. The chapter then moves to discuss security measures specifically permitted by the law of occupation, such as indictment in military courts, assigned residence and internment—as well as their limitations. The chapter then addresses the protection of individuals in relation to security measures, and specific prohibitions such as that on inhumane treatment and torture. It closes with a brief discussion of the resort to force in occupied territories.

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