THE EXTRATERRITORIAL NON-APPLICABILITY OF ECONOMIC AND SOCIAL RIGHTS DURING MILITARY OCCUPATION OF A FOREIGN TERRITORY: A CRITICAL APPRAISAL
Downloads
Keywords:
Economic and Social rights, Military Occupation, Humanitarian Law, Extra-territorialityAbstract
The relationship between International Humanitarian Law and Human Rights Law has been one of the most discussed issues in the current International Law discourse. However, there is no definitive answer for the scope and modalities of the application of Human Rights Law to armed conflict situations. This paper focuses on the role of International Covenant on Economic, Social and Cultural Rights under the law of military occupation. The paper has three parts. The first part is a brief introduction of military occupation under International Humanitarian Law. It highlights the legal and scholarly positions concerning military occupation. The second part introduces the International Covenant on Economic, Social and Cultural Rights. Issues on the nature and scope of obligations under the Covenant are briefly accounted for. Part Three provides for a thorough examination into the role of the Covenant in relation to military occupation. It argues International Covenant on Economic, Social and Cultural Rights, as a separate legal regime under International Law, is not applicable to Military Occupation. In doing so, the paper argues that the law of occupation under International Humanitarian Law is a special regime that exclusively governs military occupation.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Chimdessa Fekadu Tsega
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
