Article

The future of the law of occupation

Kristen E. Boon

• Canadian yearbook of international law = Annuaire canadien de droit international, Vol. 46, 2008, p. 107-142

English

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Is the widely accepted but largely unenforced law of occupation capable of regulating transitions between armed conflict and peace in the Twenty First Century. Although judicial decisions interpreting the Hague Regulations and the Fourth Geneva Convention are rare, some recent cases have advanced doctrinal issues behind the scenes of this larger debate about the relevance of occupation law. This essay examines recent developments in the notoriously open-textured law of occupation that have arisen as the law of occupation. In particular, the triggers for beginning and ending an occupation, including recent jurisprudence on the “effective control” test, who can be an occupier, the question of “multiple occupiers” under unified command, the obligations of occupiers in the areas of legislation and institutional reform, the challenges of UN involvement in transitional situations, including the applicability of the law of occupation to UN forces, and the role of the Security Council in adapting the law of occupation.