Author: Sassòli, Marco

Source: European Journal of International Law, Volume 16, Number 4, September 2005 , pp. 661-694(34)

Publisher: Oxford University Press

Abstract:

Article 43 of the 1907 Hague Regulations is a key provision of the law of belligerent occupation. This essay examines how it has been understood by states and scholars, how it was developed by the Fourth Geneva Convention of 1949 and whether and how it was respected by the US and the UK during their recent occupation of Iraq. Under Article 43, an occupying power must restore and maintain public order and civil life, including public welfare, in an occupied territory. Local legislation and institutions based upon such legislation must be respected by an occupying power and by any local authorities acting under the global control of the occupying power. This general prohibition to change the local legislation also applies to post-conflict reconstruction efforts, including constitutional reforms, and changes of economic and social policies. The author examines the exceptions to the prohibition and assesses whether the widespread legislative activities by the occupying powers in Iraq fall under these exceptions. He then analyses the question of whether the law of military occupation ceased to apply in Iraq on 30 June 2004. It is also suggested that Article 43 applies to some peace operations and provides a useful framework even for those peace operations to which it does not formally apply.

Keywords: epidemiology; ICSI outcome; infertility; IVF

Document Type: Research article

DOI: http://dx.doi.org/10.1093/ejil/chi136

Affiliations: 1: Marco Sassòli is Professor of International Law at the University of Geneva, Switzerland.

Publication date: 2005-09-01

More about this publication?

• The European Journal of International Law is firmly established as one of the world's leading journals in its field. With its distinctive combination of theoretical and practical approaches to the issues of international law, the journal offers readers a unique opportunity to stay in touch with the latest developments in this rapidly evolving area. Each issue of the EJIL provides a forum for the exploration of the conceptual and theoretical dimensions of international law as well as for up-to-date analysis of topical issues. Additionally, it is the only journal to provide systematic coverage of the relationship between international law and the law of the European Union and its Member States.

Related content

• In this: publication
• By this: publisher
• In this Subject: Law
• By this author: Sassòli, Marco

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers