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Conclusion

Published online by Cambridge University Press:  24 January 2011

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

688. If there is a lodestar guiding the law of belligerent occupation, it is the principle that the civilian population of an occupied territory must benefit from maximal safeguards feasible in the circumstances. The protection of the civilian population is the key concern of relevant international legal norms, whether they are engendered by custom or by treaty. This means that life and order in the occupied territory must not be destabilized, let alone reach a vanishing point. The authority of the Occupying Power is not untrammelled. Primarily, the Occupying Power is barred from three d's: it is not allowed to despoil resources, destroy property (in a context that exceeds military operations) or deport the local inhabitants.

689. All the same, it would be wrong to think that the interests of the Occupying Power are ignored or trampled over by the law of belligerent occupation. As in other branches of LOIAC, humanitarian considerations (while of the utmost importance) are liable to be trumped by countervailing requirements of military necessity. In particular, although the Occupying Power fails to acquire sovereignty over the occupied territory, it need not brook forcible opposition to its continued effective control over the area. The military government can mobilize and employ all the power available to it (within the limits imposed by LOIAC) in order to quell organized resistance or individual acts of sabotage.

690. Belligerent occupation bristles with tantalizing problems derived from a combustible situation that is in many respects unique.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: The International Law of Belligerent Occupation
  • Online publication: 24 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818257.014
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  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: The International Law of Belligerent Occupation
  • Online publication: 24 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818257.014
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Yoram Dinstein, Tel-Aviv University
  • Book: The International Law of Belligerent Occupation
  • Online publication: 24 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511818257.014
Available formats
×