MILITARY OCCUPATION: MEANING, CONTRADICTIONS AND DIMENSIONS OF THE CONCEPT
Abstract
The concept of «military occupation» (occupation) is examined from its earliest attempts at legal definition to its contemporary understanding. The possibility of prolonged military occupation of a territory and the necessity of studying the political, economic, and social processes occurring within that territory are highlighted. The formation of requirements and rules for conducting military occupation during wartime in international humanitarian law and international relations is discussed. The chronological development of the understanding and regulation of the phenomenon of «military occupation» in international relations is described. An attempt is made to create a model for the development of the phenomenon of «occupation» and its codification in international law.
The evolution of occupation processes (cases of occupation) at the turn of the 20th and 21st centuries is considered, including the emergence of the so-called «transformative occupation». Its relationship with the concept of «military occupation» is analyzed, and contradictions in the understanding and attitudes toward these concepts in the international scholarly community are identified.
The peculiarities of the content of the Hague and Geneva Conventions and the scope of application of their provisions regarding the protection of the rights of the local population of occupied territories and the prohibition of any discrimination against them are examined. Special attention is paid to the significance of the addition to the Geneva Convention of 1949 – the Additional Protocol of 1977.
It is determined that the concept of «military occupation» can be considered both in the field of international humanitarian law (legal field) and in a broader sense – as a phenomenon that may not conform to any existing legal norms and international rules, but de facto, the concept of «occupation» requires in-depth independent scientific research, a separate methodology, and theoretical developments.
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