Chapter

Belligerent occupation

Marc Warren

U.S. military operations : law, policy, and practice

Oxford : Oxford University Press, 2016

p. 639-690

English

This chapter outlines the legal framework applicable to modern belligerent occupation. It applies examples from the occupation of Iraq in 2003–2004 to highlight some of the significant issues that arise during occupation, and the law related to the resolution of such issues. The chapter comprehensively examines the role of military legal advisors involved in the interagency (and frequently intergovernmental) process of planning and executing the administration of occupied territory. It relates the problems that may arise when an occupying nation needs to balance its obligations to civilians under the Hague Regulations and Fourth Geneva Convention when the occupying nation may have military control over an area, but no direct control over the population whose needs it must serve.

• Full text (restricted access : ICRC)

• U.S. military operations : law, policy, and practice / ed. by Geoffrey S. Corn, Rachel E. VanLandingham and Shane R. Reeves ; foreword by Stanley A. McChrystal