Human rights obligations in military occupation
31-03-2012 Article, International Review of the Red Cross, No. 885, by Noam Lubell
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Proceeding from the position that human rights obligations can exist in these circumstances, the article provides an analysis of the precise modalities of application.
This article examines the applicability of international human rights law in situations of military occupation. Proceeding from the position that human rights obligations can exist in these circumstances, the article provides an analysis of the precise modalities of application. It examines the tests for the determination of human rights applicability, and how these are linked to the concept of occupation. Finally, it recognizes the practical and legal challenges to the implementation of human rights obligations, and argues for a contextual approach that provides for human rights protection while recognizing the realities of military occupation.
Keywords: military occupation, human rights obligations, applicability, occupying power, territorial control, contextual approach, economic, social and cultural rights.
Noam Lubell is Reader in Law at the School of Law, University of Essex, UK.