The Application of International Human Rights in

Transcript:The Application of International Human Rights in:
The Application of International Human Rights in Occupation Professor Aeyal Gross Law of Occupation Hague Art 42: Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Law of Occupation Hague Article 43: The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Law of Occupation Fourth Geneva Convention - Article 2: In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Law of Occupation Fourth Geneva Convention, Article 4: “Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. …” Law of Occupation Fourth Geneva Convention Article 64: “The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfill its obligations under the present Convention…” Law Of Occupation – Basic Principles Ben-Naftali, Gross & Michaeli (2006): Occupation does not confer sovereignty and title. Under self-determination: with population under occupation Occupying power entrusted with management of public order and civil life, people under occupation beneficiaries of trust Occupation is temporary (not permanent/indefinite) On the way to application of human rights in occupation…. Extra territorial application of human rights Co-application of IHL/IHRL (Meron: The “Humanization of Humanitarian law”; Teitel “Humanity’s Law”). International Court of Justice Nuclear Weapons (1996) Construction of A Wall (2004) Armed Activities (DRC v. Uganda) (2005) IHL/IHRL – Divergence/Convergence? (Unity/Fragmentation?) International Humanitarian Law “Laws of War” Exception “protected persons” International Human Rights Law “Laws