Cameron, 'Article 2: Application of the Convention', ICRC, Commentary on the First Geneva Convention, 2016, §§302ff International Committee of the Red Cross, International Humanitarian Law and the Challenges of Contemporary Armed Conflict, 32nd International Conference of the Red Cross, 2015, p 11f T. The occupying forces impose their own authority over the territory.įor more details on the individual criteria, see T. The local sovereign is unable to exercise his authority due to the presence of foreign forces. The effective control test consists of three cumulative elements:Īrmed forces of a foreign state are physically present without the consent of the effective local government in place at the time of the invasion. To determine whether a territory is under the ‘authority’ of a hostile army, the notion of effective control is used. Ferraro ‘Determining the Beginning and End of an Occupation Under International Humanitarian Law’, 94 International Review of the Red Cross 885 (2012) 137 International Committee of the Red Cross, International Humanitarian Law and the Challenges of Contemporary Armed Conflict, 32nd International Conference of the Red Cross, 2015, p 11. Cameron, 'Article 2: Application of the Convention', ICRC, Commentary on the First Geneva Convention, 2016, §§296ff T. Yet, the elements of an occupation can be found in Article 42 of the 1907 Hague Regulations, which affirms that ‘a territory is considered occupied when it is actually placed under the authority of the hostile army.’ This same standard is used to determine the existence of a state of occupation under the Geneva Conventions. The Geneva Conventions do not define occupation.
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