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Max Planck Encyclopedia of Public International Law [MPEPIL]

Occupation, Belligerent

Eyal Benvenisti

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 05 October 2023

Ius ad bellum — Ius in bello — Reprisals — Belligerence — Armed conflict — Occupation — Geneva Conventions 1949 — Weapons

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The regime known as belligerent occupation refers to a situation where the forces of one or more States exercise effective control over a territory of another State without the latter State’s volition. Because such control has often been the outcome of the exercise of military force, this regime has been titled ‘belligerent’ occupation, whereas occupation that received the consent of the sovereign is termed ‘pacific’ occupation (Occupation, Pacific). However, at least since the adoption of the Geneva Conventions I–IV (1949) the regime of belligerent occupation...
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