Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually placed under the authority of the hostile army.’ In such circumstances, the relevant provisions governing military occupation become applicable, as codified in the HR (Articles 42-56), the Fourth Geneva Convention (GC IV) (Part II, Section III), and the Addition Protocol I (AP I) (Articles 14-17 and Part IV). It is widely asserted that military occupation, also referred to as ‘belligerent occupation’, must be of a temporary nature (see the 2024 Advisory Opinion of 19 July 2024, Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, para. 106). However, the requirement of temporariness is neither explicitly included in the definition of occupation under Article 42 HR nor is it expressly stipulated in any provision regulating the legal regime of military occupation. Article 6(3) GC IV and Article 3(b) AP…
Occupation
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Territorial Annexation and Custom: Are we at an Inflection Point in the System of International Law and Relations?
Recent geopolitical events have intensified debates on the norms governing territorial integrity under international law. The full-scale Russian invasion of Ukraine in 2022, Israel’s continued military activities in the occupied Palestinian territories, and Morocco’s assertive claims over Western Sahara highlight growing concerns about the erosion of the prohibition against forcible annexation. A parallel issue is…
Three Legal Issues on First Reading of Resolution 2773 (2025) on Eastern DRC
Introduction In this post, I explore three legal issues pertaining to Resolution 2773 (2025), adopted by the United Nations Security Council (UNSC) on 21 February 2025 in relation to the Democratic Republic of the Congo (DRC). This resolution addresses the ongoing offensive of the armed group M23 in the DRC, which started in January 2025…
Territorial Annexation of Palestine: Illegality, Third States Obligations and the ICJ’s 2024 Advisory Opinion
In the last few years, despite such prohibition, Israeli officials have announced their plans and intention to annex the occupied Palestinian territory (oPt) in whole or part. In a recent statement, on 11 November 2024, Israel’s Finance Minister Smotrich announced a plan to impose Israel’s sovereignty to and annex the occupied West Bank in 2025. He also confirmed…
Legal issues arising from Israel’s conduct in North Gaza
Since the beginning of October 2024, the Israeli military has imposed a siege on significant parts of the North Gaza governorate amidst continued attacks and catastrophic humanitarian conditions. More than 100,000 Palestinians have been displaced as a result, while those unwilling or unable to leave have been deprived of water, food, and other indispensable…
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