IRRC No. 885

Determining the beginning and end of an occupation under international humanitarian law

Reading time 13 min read
Download PDF
This article is also available in

International humanitarian law (IHL) does not provide a precise definition of the notion of occupation, nor does it propose clear-cut standards for determining when an occupation starts and when its ends. This article analyses in detail the notion of occupation under IHL and its constitutive elements, and sets out a legal test for identifying when a situation qualifies as an occupation for the purposes of IHL. It concludes by suggesting an adjustment of the legal test to the specific characteristics of occupation by proxy and occupation by multinational forces.Keywords: occupation, effective control, authority, consent, legal test, occupation by proxy, occupation by multinational forces.

Download PDF

Continue reading #IRRC No. 885

All articles

Determining the beginning and end of an occupation under international humanitarian law author: Tristan Ferraro

13 min read

The application of international humanitarian law and international human rights law in situations of prolonged occupation: only a matter of time? author: Vaios Koutroulis

19 min read

The law of belligerent occupation in the Supreme Court of Israel author: David Kretzmer

13 min read

Transformative occupation and the unilateralist impulse author: Gregory H. Fox

13 min read

Use of force during occupation: law enforcement and conduct of hostilities author: Kenneth Watkin

22 min read

Human rights obligations in military occupation author: Noam Lubell

9 min read

The occupation of Iraq: a military perspective on lessons learned author: Matthew R. Hover

3 min read

The ICRC Project on Occupation and Other Forms of Administration of Foreign Territory author: Tristan Ferraro

3 min read

Interview about the 31st International Conference of the Red Cross and Red Crescent author: Philip Spoerri

17 min read

Resolutions of the 2011 Council of Delegates and of the 31st International Conference of the Red Cross and Red Crescent, Geneva, 26 November – 1 December 2011 author:

15 min read

What's new in law and case law across the world (Spring 2012) author:

5 min read

Go back to the first article

More about Occupation, Current debates on IHL, Multinational forces

article IRRC No. 923

Unveiling claims of discrimination based on nationality in the context of occupation under international humanitarian and human rights law author: George Dvaladze

47 min read
article IRRC No. 923

IHL in the era of climate change: The application of the UN climate change regime to belligerent occupations author: Romina Edith Pezzot

60 min read
article IRRC No. 916-917

International humanitarian law, principled humanitarian action, counterterrorism and sanctions: Some perspectives on selected issues author: Tristan Ferraro

88 min read

More from Tristan Ferraro

article IRRC No. 916-917

International humanitarian law, principled humanitarian action, counterterrorism and sanctions: Some perspectives on selected issues author: Tristan Ferraro

88 min read
article IRRC No. 900

The ICRC’s legal position on the notion of armed conflict involving foreign intervention and on determining the IHL applicable to this type of conflict author: Tristan Ferraro

10 min read
article IRRC No. 891/892

The applicability and application of international humanitarian law to multinational forces author: Tristan Ferraro

24 min read
article IRRC No. 885

The ICRC Project on Occupation and Other Forms of Administration of Foreign Territory author: Tristan Ferraro

3 min read