Chapter

Occupation

Enrico Milano

The practice of shared responsibility in international law

Cambridge : Cambridge University Press, 2017

p .733-760

English

The chapter first identifies a number of relevant scenarios in which questions of shared responsibility have arisen or may potentially arise with regard to occupation, such as the cases of Iraq, the seceding entities in Georgia or Western Sahara. It then discusses applicable primary norms in the context of occupation, with special regards to the practice concerning the application of international humanitarian law and international human rights law. Relevant practice concerning secondary rules, as laid down in the International Law Commission (ILC) Articles on Responsibility of States for Internationally Wrongful Acts (ARISWA) and the Articles on the Responsibility of International Organizations (ARIO) are also discussed, especially with respect to the implementation of responsibility and with respect to third parties' obligations. The procedures and processes of implementation of shared responsiblity in the context of occupation are considered in the following section. Finally, some conclusions concerning the chapter's findings are drawn in the last section.

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• The practice of shared responsibility in international law / ed. by André Nollkaemper and Ilias Plakokefalos ; assistant ed: Jessica N.M. Schechinger ; co-ed. by Jann Kleffner