Occupation Courts

ALEJANDRO CHEHTMAN

Recht im Kontext Vol. 7

Nomos

Año: 2019; p. 183 - 218

This chapter provides a normative appraisal of the law of military occupation bylooking into occupation courts and their legitimacy. It focuses on two cornerstonesof the current regulation of war: the principle of equality of belligerents, that is,the potential relevance of jus ad bellum considerations on the in bello rights ofoccupants, and the normative force of the traditional distinction between statesand non-state armed groups, specially in conflicts not of an international character.Against the currently predominant neoclassical position in just war theory, itargues in favor of the moral equality of just and unjust occupants. Against theorthodox position in international law, it advocates the symmetrical treatment ofstates and non-state actors fighting internal armed conflicts, at least in terms ofthe rights they may claim on the territories under their control. It concludes byappraising the way in which this moral landscape should be translated into legalnorms.