Chapter 1. The scope of application of the law of occupation

Abstract

This chapter deals with the meaning and elements of occupation, and different types of occupation. It then focuses on sources of the law of occupation. The scope of analysis encompasses controversial issues of contemporary concern, such as the customary law nature or not of the rules embodied in the Fourth Geneva Convention (GCIV), the relationship between treaties and customary rules, and the derogability or not of the Security Council resolutions from the conventional and customary laws of occupation. The chapter discusses the legal implications of the transitional nature of occupation. In the chapter, the issue of protected persons is touched upon only to the extent necessary for elucidating the personal scope of application of the law of occupation. The question of the scope of application ratione personae is closely connected to that of the scope of application ratione materiae.Keywords: belligerent occupation; customary law; Fourth Geneva Convention (GCIV); law of occupation