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Law-Making and the Judicial Guarantees in Occupied Territories

Arai, Yutaka (2015) Law-Making and the Judicial Guarantees in Occupied Territories. In: Clapham, Andrew and Gaeta, Paola and Sassòli, Marco, eds. The 1949 Geneva Conventions: A Commentary. Oxford Commentaries on International Law . Oxford University Press, Oxford. ISBN 978-0-19-967544-9. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:57647)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)

Abstract

This chapter analyses the protection of property in occupied territories under Article 53 Geneva Convention (GC) IV, the prohibition of pillage under Article 33 paragraph 2, and the destruction and appropriation of property as a grave breach of GC IV under Article 147. It first delineates the scope of application of the general rule under Article 53, examining how the concept of military necessity operates as an exception to this rule. It considers those rules that regulate issues of confiscation, requisition, and seizure of private property, as well as the special international humanitarian law rules that address distinct categories of property. The two final sections address the extent to which those distinct rules analysed in international armed conflict may be considered relevant in non-international armed conflict; and the violations of those rules as grave breaches under Article 147 and other germane rules of international criminal law.

Item Type: Book section
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sarah Saines
Date Deposited: 03 Oct 2016 10:01 UTC
Last Modified: 16 Feb 2021 13:37 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/57647 (The current URI for this page, for reference purposes)
Arai, Yutaka: https://orcid.org/0000-0002-4619-1880
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