Chapter

Laws of occupation

Christine Chinkin

Multilateralism and international law with Western Sahara as a case study

[Pretoria] : VerLoren van Themaat Centre, University of South Africa, 2010

p. 196-221

English

Photocopies

This presentation looks at the legal definitions of belligerent occupation and its consequences. What might be termed ‘occupation law’ is both complex and lacking in clarity. These difficulties derive from both legal and factual considerations. Factually, the state of occupation covers a range of political and ideological scenarios. Legally, occupation law is found across a range of treaties, soft law instruments, customary international law, and, in the case of Iraq, modified by Security Council (SC) resolution. This last has led to a spate of litigation and academic writing which poses the question whether occupation law has undergone significant transformation, or whether the situation in Iraq is exceptional and of little precedential value. The very multiplicity of legal regimes creates inconsistencies and gaps in the law. Despite the inconsistencies and uncertainties in occupation law, one aspect is uncontroversial: occupation is the flip side of the coin to self-determination.. This presentation focuses on the situation of Western Sahara and Morocco.

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