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The new militay occupation law and the respect of humanitarian law
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Lucie PARSI
Mar 26 2012, 02:39 PMThe new militay occupation law and the respect of humanitarian law : while we saw that Security Council has changed the military occupation law prerogatives about status quo ante bellum respect in attempt to addapt this law to the modern context of occupation situations, new issues appear about the respect of humanitarian law and Human rights.
Irak was the first case, in 2003.
How to set peacebuilding, democratizing a country, while respecting people self-determination right?
According to the international community, the democratic model appears as the solution against governments which represent impendence to international peace. That is why in Irak in 2003 UNO relaxed military occupation law, with the Security Council's Resolution 1483 allowing american and english occupaying power to democratize the territory, whereas the Hague's Regulations of 1907, at the article 43, and the forth Geneva Convention of 1949, at the article 64, set the status quo ante bellum as a fundamental priciple of military occupation law.
The status quo ante bellum means that the same political situation and structures in place before the occupation must be kept as they are by occupaying power.
Since the occupation of Irak, this changed : peacebuilding operations including military occupation are allowed to change the initial political structure of a country into a democratic system. In Irak, deep changes were also made about economic system to turn the initial nationalist system into a liberal market economy.
But experience has shown us that some people might not be ready to leave in an imposed political system. In Irak, a big part of the population was opposed to the american and english occupation and to the democratization of the country : this hostility between occupaying power and population is dangerous for human rights and people protection during military occupation because of the fights it generates.
Arabic revolutions since last year, that resulted in Lybia bombing by french, american and english coalition, showed us that those situations wil keep on happening.
Dicatorial regimes still exist and peacebuilding operations are set up to pacify countries that suffered it.
But this represent a new issue : peacebuilding need to be studied and strictly controlled to make sure it ease the application of humanitarian law and the respect of human rights and not the opposite.
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Mar 27 2012, 10:56 AMAny opinion? Comments are welcome!
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Prof. Jaiprakashreddy Patil
Apr 29 2014, 05:02 AMEvery people of every country, occupied or otherwise have a right to self determination. Others imposing their political ideology upon a people goes against the peremptory norm of international law. Status quo ante bellum is a well blossomed norm of international law. Imperialistic impositions of so-called democratisation of the "other"much against their wishes is one among the reasons for the present international scenario of drive towards monolithic societies.
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Najeeb Ashraf
May 13 2014, 02:08 PMIn most of the third world countries the military occupation takes place whete democratic form of govt are corrupt due to corruption and rights of people are userp and military occupied to suspend fudamental rights for stupilited period, to keep the flow of goods to general public in most of the countries thats why UNO relax milotary occupation law.
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