Self-defense by the occupying authority in the occupied territories in light of contemporary international law

Saqr Awad Al-Rashidi, Amani

doi:10.21608/esalexu.2023.281378

Self-defense by the occupying authority in the occupied territories in light of contemporary international law

Document Type : Original Article

Author

Amani Saqr Awad Al-Rashidi

PhD researcher in political science - Faculty of Economics and Political Science, Cairo University

10.21608/esalexu.2023.281378

Abstract

This study aims to clarify the rules applicable to cases of the use of force in the occupied territories, through exposure to the definition of belligerent occupation in the Hague Regulations and the Geneva Conventions of 1949, and to clarify the duties and responsibilities of the occupying power or authority in the occupied territories, and then clarify the legality of the occupying power's justification for the use of force for self-defense in the occupied territories under Article 51 of the United Nations Charter.
The study concluded that there is no accepted international practice that supports the occupying power’s use of force for self-defense under Article 51 of the Charter, which was confirmed by the International Court of Justice in its advisory opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004. And that the law applicable to the use of force in the occupied territories is International Humanitarian Law.

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