Law of war in the context of "Military occupation"

⭐ In the context of military occupation, the Law of War is considered…

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⭐ Core Definition: Law of war

The law of war is the part of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of hostilities (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, the modern laws of war address the declarations of war; acceptance of surrender and the treatment of prisoners of war; the principles of distinction, as well as military necessity and proportionality; and the prohibition of certain weapons that cause unnecessary or excessive suffering.

The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. The term law of war, or jus in bello, overlaps to some degree with opinio juris (also referred to as customary law), but refers to a very specific body of international law composed of customary and treaty-based law.

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👉 Law of war in the context of Military occupation

Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory. The controlled territory is called occupied territory, and the ruling power is called the occupant. Occupation's intended temporary nature distinguishes it from annexation and colonialism. The occupant often establishes military rule to facilitate administration of the occupied territory, though this is not a necessary characteristic of occupation.

The rules of occupation are delineated in various international agreements—primarily the Hague Convention of 1907, the Geneva Conventions, and also by long-established state practice. The relevant international conventions, the International Committee of the Red Cross, and various treaties by military scholars provide guidelines on topics concerning the rights and duties of the occupying power, the protection of civilians, the treatment of prisoners of war, the coordination of relief efforts, the issuance of travel documents, the property rights of the populace, the handling of cultural and art objects, the management of refugees, and other concerns that are highest in importance both before and after the cessation of hostilities during an armed conflict. A country that engages in a military occupation and violates internationally agreed-upon norms runs the risk of censure, criticism, or condemnation. In the contemporary era, the laws of occupation have largely become a part of customary international law, and form a part of the law of war.

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In this Dossier

Law of war in the context of Total war

Total war is a type of warfare that mobilizes the totality of national resources to sustain war production, blurring the line between military and civilian activities and legitimates attacks on civilian targets as part of a war without restriction as to the combatants, territory or objectives involved.

The term has been defined as "A war that is unrestricted in terms of the weapons used, the territory or combatants involved, or the objectives pursued, especially one in which the laws of war are disregarded."

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Law of war in the context of War crime

A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal distinctions of proportionality and military necessity.

The formal concept of war crimes emerged from countries fighting and the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of World War II, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles, such as that international criminal law defines what is a war crime. In 1899, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In the late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war.

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Law of war in the context of Neutral state

A neutral country is a sovereign state that is neutral towards belligerents in a specific war or holds itself as permanently neutral in all future conflicts (including avoiding entering into military alliances such as NATO, CSTO or the SCO). As a type of non-combatant status, nationals of neutral countries enjoy protection under the law of war from belligerent actions to a greater extent than other non-combatants such as enemy civilians and prisoners of war. Different countries interpret their neutrality differently: some, such as Costa Rica have demilitarized, while Switzerland holds to "armed neutrality", to deter aggression with a sizeable military, while barring itself from foreign deployment.

Not all neutral countries avoid any foreign deployment or alliances, as Austria and Ireland have active UN peacekeeping forces and a political alliance within the European Union. Sweden's traditional policy was not to participate in military alliances, with the intention of staying neutral in the case of war. Immediately before World War II, the Nordic countries stated their neutrality, but Sweden changed its position to that of non-belligerent at the start of the Winter War. Sweden would uphold its policy of neutrality until the 2022 Russian invasion of Ukraine. During the Cold War, former Yugoslavia claimed military and ideological neutrality from both the Western and Eastern Bloc, becoming a co-founder of the Non-Aligned Movement.

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Law of war in the context of Legitimate military target

A legitimate military target is an object, structure, individual, or entity that is considered to be a valid target for attack by belligerent forces according to the law of war during an armed conflict.

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Law of war in the context of International Committee of the Red Cross

The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and promoting humanitarian norms. An international non-governmental organization, it has responsibility for promoting and ensuring respect for the four 1949 Geneva Conventions for the Protection of War Victims: the Convention for the Amelioration of the Wounded and Sick in Armed Forces in the Field; the Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea; The Convention relative to the Treatment of Prisoners of War; and the Convention relative to the Protection of Civilian Persons in Time of War.

State parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 (Protocol I, Protocol II) and 2005 have given the ICRC a mandate to protect victims of international and internal armed conflicts. Such victims include war wounded persons, prisoners, refugees, and non-combatants, including civilians. Thus, there has been a close relationship between the ICRC and the development of the law of war, also known as international humanitarian law.

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