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Part II, 10 Occupation

From: Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 June 2021

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.

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