03170oam 2200613zu 450 991013746580332120210807002340.02-940415-48-X10.4000/books.iheid.75(CKB)3170000000061019(SSID)ssj0001537454(PQKBManifestationID)11880075(PQKBTitleCode)TC0001537454(PQKBWorkID)11519534(PQKB)10550928(WaSeSS)IndRDA00044788(FrMaCLE)OB-iheid-75(oapen)https://directory.doabooks.org/handle/20.500.12854/48186(PPN)182838293(EXLCZ)99317000000006101920160829d2011 uy engur|||||||||||txtccrThe functional beginning of belligerent occupationGraduate Institute Publications2011[Place of publication not identified]Graduate Institute Publications The Graduate Institute20111 online resource (110 pages)International Law ;Number 7Bibliographic Level Mode of Issuance: Monograph2-940415-44-7 Includes bibliographical references.Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)International LawHILCCLaw, Politics & GovernmentHILCCTreaties, InternationalHILCCGeneva Convention Fourth (1949)belligerent occupationprotection of civiliansdispute settlementconflict security and peacebuildingInternational Committee of the Red ‎Cross (ICRC)humanitarian actionInternational LawLaw, Politics & GovernmentTreaties, InternationalSiegrist Michael959617PQKBBOOK9910137465803321The functional beginning of belligerent occupation2174651UNINA