Okupacja wojenna w świetle prawa międzynarodowego: natura, skutki, nowe tendencje

The article discusses international legal aspects of belligerent occupation. It presents legal underpinningsof belligerent occupation, its consequences for occupying powers and local inhabitants,as well as new tendencies connected with international administration of territories and responsibilityof the Security Council for maintenance of peace and security.There is a difference between belligerent occupation and so-called “pacific” occupation. Theformer refers to a situation where the forces of one or more States exercise effective control overa territory of another State without its volition. The latter is based on the consent of territorial sovereign.The regime of belligerent occupation does not depend on the existence of a state of war, nor onthe armed resistance to the occupant, which is today especially proved by the status of Palestinianterritories. Belligerent occupation does not transfer territorial sovereignty to the occupying power.That is why, international law regulates the interrelationships between the occupying power, theousted government, and the local inhabitants for the duration of the occupation. International humanitarianlaw authorizes the occupant to safeguard its interests while administering the occupiedarea, but also imposes obligations on the occupant to protect life and property of the inhabitants andto respect the legally protected interests of the ousted government, including its cultural heritage.The author argues that the regime of belligerent occupation can be applied to UN post-conflictadministrations solely de facto. In this respect, a new class of problems has been created. Thoseproblems are today regulated by a new body of law – jus post bellum.

Artykuł nie zawiera abstraktu w języku polskim