What is the regime of military occupation, and what obligations does the occupying power have under international humanitarian law?
International law defines military occupation as a temporary situation under which the occupying power does not acquire sovereignty over the occupied territory. However, since it exercises de facto control, the occupying power is obliged to restore public order and ensure security for the civilian population, in accordance with the laws of the occupied state. This framework is known as the legal regime of military occupation.
In Ukrainian law, this legal regime is regulated by the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territories of Ukraine.” Article 1 of this law states, in particular:
“The territory of Ukraine temporarily occupied by the Russian Federation (hereinafter referred to as the temporarily occupied territory) is an integral part of the territory of Ukraine, which is subject to the Constitution and laws of Ukraine, as well as international treaties, the binding consent of which has been given by the Verkhovna Rada of Ukraine.”
The norms of international humanitarian law (IHL) come into effect at the outbreak of an armed conflict, regulating the protection of war victims and placing limits on the means and methods of warfare. A key obligation regarding the civilian population in occupied territories is to ensure humane treatment and non-discrimination.
The occupying power is responsible for maintaining the functioning of state institutions and services essential to the population’s well-being, including the provision of food, medical supplies, education, and childcare. Under no circumstances may individuals in occupied territories be denied the protections guaranteed by the 1949 Geneva Conventions on the Protection of War Victims, other relevant international IHL treaties, and customary international humanitarian law.
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