Part II, 10 Occupation
Daragh MurrayEdited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande
- Religion — Detention — Right to education — Human rights remedies — Children, rights — Armed conflict, international — Armed conflict, non-international — International crimes — Occupation
The law of armed conflict subjects the Occupying Power to extensive positive obligations. In particular, the Occupying Power must restore and ensure public order and civil life, which requires extensive involvement in the administration of occupied territory. This chapter begins with a definition of occupation. It then discusses the administration of occupied territory, covering the legislative authority of the Occupying Power; censorship and limitations on communication; restrictions on movement, association, and assembly; searches of individuals’ property; the administration of criminal law; respect for religious freedom; protection and education of children; provision of medical care, food, and other essential supplies to inhabitants of the occupied territory; compulsory labour by protected persons; transfer, deportation, and evacuation of civilians; and protection of property rights.