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Internationalized Armed Conflicts in International Law$
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Kubo Macak

Print publication date: 2018

Print ISBN-13: 9780198819868

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198819868.001.0001

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Practical Application

Practical Application

Chapter:
(p.215) 10 Practical Application
Source:
Internationalized Armed Conflicts in International Law
Author(s):

Kubo Mačák

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198819868.003.0010

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

Keywords:   allegiance, belligerent occupation, geographical scope, internationalized armed conflict, non-state actors, occupied territory, personal scope, protected persons, temporal scope

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