The law on the unilateral termination of occupation
by Eyal Benvenisti
A wiser century ? : judicial dispute settlement, disarmament and the laws of war 100 years after the second Hague peace conference
Berlin : Duncker and Humblot, 2009
In principle there can be four ways for an occupation to end. First, occupation can end by the loss of effective control. Second, it can end by the dissolution of the ousted sovereign. Third, occupation could come to an end by the signing of a peace agreement or an armistice agreement with the ousted government. Fourth, and occupation can end by transferring authority to an indigenous government endorsed by the occupied population through referendum and by international recognition. This note discusses the first type of termination. It seeks to characterize the moment of loss of control and examines the obligations the occupant has during (and possibly after) the termination process.
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