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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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Normative Underpinnings

Normative Underpinnings

Chapter:
(p.196) 9 Normative Underpinnings
Source:
Internationalized Armed Conflicts in International Law
Author(s):

Kubo Mačák

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198819868.003.0009

This chapter considers the theoretical ramifications of extending the law of belligerent occupation to internationalized armed conflicts. It examines three logically connected assumptions that seemingly militate against its applicability to non-state actors. These could be summarized as claims that non-state actors lack the capacity to have rights and duties under the law of occupation; that they may not become subjects of the law of occupation due to their sovereignty deficit; and that in any event, they would be unable to comply with the rules of this body of law. The chapter argues that none of those obstacles is insurmountable in the context of internationalized armed conflicts. Overall, this chapter thus stands for the proposition that the law of belligerent occupation may in principle apply to those conflicts.

Keywords:   Belligerent occupation, capacity, international humanitarian law, internationalized armed conflict, law of armed conflict, non-state actors, personality, sovereignty

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