ABSTRACT

By the early 1990s, the law of occupation could not ignore the force of emerging principles concerning sovereignty and self-determination, as well as international human rights law. As a body of law with its roots in the laws of war, but whose sources of nourishment are found in the generally evolving concepts of sovereignty and self-determination, and whose branches seek to offer shelter to current generations of human beings, the law of occupation must be in constant sync with the rest of international law. The law of occupation could no longer be interpreted and applied without taking into account the requirements of the burgeoning field of international human rights law, which applied in all areas subject to a party’s effective control, including in areas subject to the law of occupation.