Occupied territories
Encyclopedia
Occupied territory is territory under military occupation
. Occupation is a term of art in international law
; in accordance with Article 42 of the Laws and Customs of War on Land (Fourth Hague Convention); October 18, 1907, territory is considered occupied when it is actually placed under the authority of the hostile army
. The occupation extends only to the territory where such authority has been established and can be exercised. At the end of a war, usually the victorious side is in possession of territory previously possessed by another state. This territory is known as occupied territory. Acquisition of occupied territory is incidental to a war
, where the military forces of the occupying power come into the possession of territory previously held by another state
. Occupation is usually temporary; and under the subsequent articles of the Hague convention (articles 43, 44, etc.), and the Fourth Geneva Convention
the status quo must be maintained pending the signing of a peace treaty
, the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.
Examples of occupied territory include Germany
and Japan
by the Allies
in the aftermath of World War II
; Cambodia
by Vietnam
from 1979 until 1989; and Iraq by the United States
and its allies after the 2003 invasion.
During World War II
, the use of annexation
deprived whole populations of the safeguards provided by international laws governing military occupation
s. Changes were introduced to international law through the Fourth Geneva Convention
that makes it much more difficult for a state to bypass international law through the use of annexation. GCIV Article 47, the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war, and Article 49 prohibits mass movement of people out of or into occupied territory. If a state unilaterally declares a territory that has been under military occupation to be annexed, bodies such as the United Nations Security Council
frequently describe such territory as "occupied" when that annexation is in breach of international law or not accepted by the United Nations General Assembly
, even if the territory is governed through the civil rather than military laws of the state that has integrated the occupied territory into their own territory.
, and Egypt
was conquered and absorbed in the 7th century by Arabs who were not its original population. This is particularly true of the region between Egypt and Turkey
where repeated population movements and military conquests have occurred during the past several thousand years.
Regarding the West Bank
, Gaza Strip
(whose land and sea access is blockaded by Israel) and Israel
proper, the use of this expression is often controversial and hotly disputed due to the fact that both territories were not under the recognized permanent sovereignty of any other country and are not claimed by any other existing sovereign state. The United Nations, the ICRC, the EU, and other international and multi-national organizations consider the Palestinian territories, defined as the West Bank, including East Jerusalem
, and the Gaza Strip, to be held under Israeli-occupation.
Additionally, occupation has two distinct meanings:
Although (1) and (2) are obviously distinct, they are sometimes intermingled
. Under (1), the territory in question is under normal civilian law; under (2) the territory is usually under military law within the terms of the Laws of war
, such as the Fourth Geneva Convention
(according to the UN).
Laws and Customs of War on Land (Hague IV); October 18, 1907 first clarified and supplemented the customary laws of belligerent military occupation see the list of military occupations and the list of territorial disputes.
and occupied territory since 1947, claimed
by India
as part of its country, while both the Peoples' Republic of China and Pakistan
, dispute
India's claims and Pakistan claims most of Kashmir
as their territory. The former Princely state
of Jammu and Kashmir
is currently divided between India
, Pakistan
and Peoples' Republic of China. Kashmir
under India
n illegal military occupation is called as Maqboza Kashmir or Occupied Kashmir where as Kashmir
i areas under Pakistan
i administration is called P.A.K.
and Northern Areas by India
, and Azad Jammu and Kashmir and Gilgit-Baltistan by Pakistan
, Chinese administered Kashmir
i regions are called Aksai Chin
, Trans-Karakoram Tract
and Demchok
by India
while Peoples' Republic of China administer it as parts of Kashgar Prefecture
and Hotan Prefecture of Xinjiang, and Dêmqog
of Tibet Autonomous Region
. The United Nations and other local entities use the designation Jammu and Kashmir to geographically denote said area.
in 1967, the Israel Defence Forces took control of the Gaza Strip, the West Bank including East Jerusalem, and the Golan Heights. The situation in these territories has been described by almost the entire international community as occupation.
The use of the terms "occupied" for these territories has been disputed. Paul S. Riebenfeld
, an international lawyer, who represented Jewish interests at the League of Nations
, argued that the West Bank and the Gaza Strip do not belong to any other sovereign state, are part of former Mandate Palestine
, and therefore fall legitimately within Israel's jurisdiction.
Whether or not Israel still occupies the Gaza Strip, following its unilateral disengagement
from there, assuming it can even be considered that it "occupied" it in the first place, is disputed. For more information see also Palestinian National Authority
.
Palestinians generally view Israeli presence in the West Bank as illegal occupation. The presence and establishment of Jewish settlements
in the West Bank, and the construction of a barrier
dividing parts of the territory are major bones of contention in Israeli-Palestinian peace talks. The Palestine Liberation Organization
has repeatedly called on the international community to enforce ICJ's rulings on the West Bank.
In July 2004, the International Court of Justice
(ICJ) delivered an Advisory Opinion on the 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory'. The Court observed that under customary international law
as reflected in Article 42 of the Regulations Respecting the Laws and Customs of War on Land Annexed in the Fourth Hague Convention
of 18 October 1907, territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised.
The State of Israel raised a number of exceptions and objections, but the Court found them unpersuasive. The Court ruled that territories had been occupied by the Israeli Defense Forces in 1967, during the conflict between Israel and Jordan, and that subsequent events in those territories had done nothing to alter the situation. 'All these territories (including East Jerusalem) remain occupied territories and Israel has continued to have the status of occupying Power.'
, the United States
, the European Union
, the United Kingdom
, the Arab League
, the International Committee of the Red Cross
, Amnesty International
, and Human Rights Watch
consider the Golan Heights to be Syria
n territory occupied by Israel
.
is considered an occupied territory by the POLISARIO (Sahrawi
national liberation movement
), the Sahrawi Arab Democratic Republic
(SADR) (government in exile in Algeria
), the United Nations
, the African Union
and some other countries and human rights groups. International bodies
and some other states as a policy of deliberate ambiguity
see Morocco
as the de facto administrative power pending a solution to the conflict. The referendum
that the UN wants to hold has been effectively blocked, and many of the incidents reported to have occurred in the territory are consistent with an unaccountable military occupation.
Most of the territory claimed by the SADR in Western Sahara is currently under the unrecognized but effective sovereignty of Morocco. They do not recognize the SADR, though dozens of countries
do.
The northern part of the Mediterranean island of Cyprus
has been occupied by the Turkish military since 1974 and the Turkish Republic of Northern Cyprus
which has declared independence on the island has not been recognized except by Turkey. The Turkish invasion caused a significant exodus of Greek Cypriots from the north, followed by a similar movement of Turkish Cypriots from the south. The Turkish government has initiated a policy of colonisation
by settler
s from various parts of Turkey
, leading to a demographic alteration of the occupied territories.
in early August 2008, Russia
recognised
Abkhazia
and South Ossetia
as independent states on 26 August 2008. In response, on 28 August 2008, the Georgian parliament passed a non-binding resolution calling on the Georgian government
to sever diplomatic relations with Russia, because of the recognition of what the Georgian parliament deemed to be occupied territories. This culminated on 29 August 2008 with Georgia severing diplomatic relations with Russia.
On 23 October 2008, Georgia endorsed "The Law on Occupied Territories" defining "the status of territories occupied as a result of the military aggression of the Russian Federation" and envisaging "a special legal regime" on these territories. In March 2009, the Venice Commission
, the Council of Europe
's advisory body on constitutional and legal issues, asked by Georgia to opine on the law, said that the criminalisation of entry into the occupied territories without making explicit exceptions for emergency situations or humanitarian aid was a matter of concern.
, which erupted after the mountainous region declared independence in 1991. Nagorno-Karabakh has been under Armenian control since a Russian-brokered ceasefire in 1994. Additional to this, Armenians occupy seven other Azerbaijani districts. This resulted in the displacement of 528,000 Azerbaijanis
. The UN Security Council has passed four resolutions on the "Nagorno-Karabakh region of Azerbaijan" in 1993. The UN General Assembly and other international organizations have similarly passed several resolutions recognizing Azerbaijan's territorial integrity and sovereignty over Nagorno-Karabakh, urging withdrawal of all occupying forces and peaceful resolution. The peace mediation is taken up by the Organization for Security and Cooperation in Europe (OSCE) Minsk Group since 1992.
of the de-facto annexed territories in 2008. This is in violation of the UN resolution 1244, which placed Kosovo under KFOR
and NATO occupation, while admitting Serbian sovereignty
. Nevertheless, some 80 countries have recognized the secession, led by NATO countries that waged the war against Serbia. The secession does not have the support of UN General Assembly, nor the UN Security Council, in which permanent members (also NATO members that illegally bombed Serbia) US, Great Britain
and France
lobby for secession, while non-NATO permanent members China
and Russia
vehemently oppose this violation of international law
.
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...
. Occupation is a term of art in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
; in accordance with Article 42 of the Laws and Customs of War on Land (Fourth Hague Convention); October 18, 1907, territory is considered occupied when it is actually placed under the authority of the hostile army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
. The occupation extends only to the territory where such authority has been established and can be exercised. At the end of a war, usually the victorious side is in possession of territory previously possessed by another state. This territory is known as occupied territory. Acquisition of occupied territory is incidental to a war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, where the military forces of the occupying power come into the possession of territory previously held by another state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
. Occupation is usually temporary; and under the subsequent articles of the Hague convention (articles 43, 44, etc.), and the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
the status quo must be maintained pending the signing of a peace treaty
Peace treaty
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, that formally ends a state of war between the parties...
, the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.
Examples of occupied territory include Germany
Allied Control Council
The Allied Control Council or Allied Control Authority, known in the German language as the Alliierter Kontrollrat and also referred to as the Four Powers , was a military occupation governing body of the Allied Occupation Zones in Germany after the end of World War II in Europe...
and Japan
Occupied Japan
At the end of World War II, Japan was occupied by the Allied Powers, led by the United States with contributions also from Australia, India, New Zealand and the United Kingdom. This foreign presence marked the first time in its history that the island nation had been occupied by a foreign power...
by the Allies
Allies of World War II
The Allies of World War II were the countries that opposed the Axis powers during the Second World War . Former Axis states contributing to the Allied victory are not considered Allied states...
in the aftermath of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
; Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
by Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
from 1979 until 1989; and Iraq by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and its allies after the 2003 invasion.
During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the use of annexation
Annexation
Annexation is the de jure incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size...
deprived whole populations of the safeguards provided by international laws governing military occupation
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...
s. Changes were introduced to international law through the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
that makes it much more difficult for a state to bypass international law through the use of annexation. GCIV Article 47, the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war, and Article 49 prohibits mass movement of people out of or into occupied territory. If a state unilaterally declares a territory that has been under military occupation to be annexed, bodies such as the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
frequently describe such territory as "occupied" when that annexation is in breach of international law or not accepted by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
, even if the territory is governed through the civil rather than military laws of the state that has integrated the occupied territory into their own territory.
History and definitions
Generally, any disputed territory can be seen as occupied by the party that lacks control over it at that moment. Thus, the Germanic tribes displaced the Celts of central EuropeCentral Europe
Central Europe or alternatively Middle Europe is a region of the European continent lying between the variously defined areas of Eastern and Western Europe...
, and Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
was conquered and absorbed in the 7th century by Arabs who were not its original population. This is particularly true of the region between Egypt and Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
where repeated population movements and military conquests have occurred during the past several thousand years.
Regarding the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
, Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
(whose land and sea access is blockaded by Israel) and Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
proper, the use of this expression is often controversial and hotly disputed due to the fact that both territories were not under the recognized permanent sovereignty of any other country and are not claimed by any other existing sovereign state. The United Nations, the ICRC, the EU, and other international and multi-national organizations consider the Palestinian territories, defined as the West Bank, including East Jerusalem
East Jerusalem
East Jerusalem or Eastern Jerusalem refer to the parts of Jerusalem captured and annexed by Jordan in the 1948 Arab-Israeli War and then captured and annexed by Israel in the 1967 Six-Day War...
, and the Gaza Strip, to be held under Israeli-occupation.
Additionally, occupation has two distinct meanings:
- The state of being lived in (as in: "Isle of ManIsle of ManThe Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
is occupied by the Manx", or this house is occupied by the Smith family); - The state of military control following conquest by war but prior to annexation.
Although (1) and (2) are obviously distinct, they are sometimes intermingled
Semantic dispute
For semantic arguments in linguistics, see verb argument.A semantic dispute is a disagreement that arises ifthe parties involved disagree about whether a particular claim is true, not because...
. Under (1), the territory in question is under normal civilian law; under (2) the territory is usually under military law within the terms of the Laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
, such as the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
(according to the UN).
Occupied territories since 1907
For a list of occupied territories since the Hague Convention of 1907Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
Laws and Customs of War on Land (Hague IV); October 18, 1907 first clarified and supplemented the customary laws of belligerent military occupation see the list of military occupations and the list of territorial disputes.
Jammu and Kashmir
The Himalayan Kashmir region is a disputedKashmir conflict
The Kashmir conflict is a territorial dispute between India and Pakistan over the Kashmir region, the northwesternmost region of South Asia....
and occupied territory since 1947, claimed
Instrument of Accession (Jammu and Kashmir)
The Instrument of Accession is a legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947...
by India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
as part of its country, while both the Peoples' Republic of China and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, dispute
Kashmir conflict
The Kashmir conflict is a territorial dispute between India and Pakistan over the Kashmir region, the northwesternmost region of South Asia....
India's claims and Pakistan claims most of Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
as their territory. The former Princely state
Princely state
A Princely State was a nominally sovereign entitity of British rule in India that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule such as suzerainty or paramountcy.-British relationship with the Princely States:India under the British Raj ...
of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
is currently divided between India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and Peoples' Republic of China. Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
under India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n illegal military occupation is called as Maqboza Kashmir or Occupied Kashmir where as Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
i areas under Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i administration is called P.A.K.
Pakistan-administered Kashmir
Azad Kashmir borders the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and the Indian-administered state of Jammu and Kashmir, to the east.A...
and Northern Areas by India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, and Azad Jammu and Kashmir and Gilgit-Baltistan by Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Chinese administered Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
i regions are called Aksai Chin
Aksai Chin
Aksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
, Trans-Karakoram Tract
Trans-Karakoram Tract
The Trans-Karakoram Tract is an area of nearly along both sides of the Shaksgam River, is entirely administered by the People's Republic of China as a part of Kargilik County and Taxkorgan Tajik Autonomous County in the Kashgar Prefecture of Xinjiang Autonomous Region, but claimed by Pakistan...
and Demchok
Dêmqog, Ngari Prefecture
Dêmqog is a very small village in the Tibet Autonomous Region of China. It lies at an altitude of 5009 metres . The combined Chinese-Indian village has a population of about 150....
by India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
while Peoples' Republic of China administer it as parts of Kashgar Prefecture
Kashgar Prefecture
Kashgar Prefecture or Kashi Prefecture is located in mid-western Xinjiang, China. It has an area of 112,057 km² and 3,979,362 inhabitants at the 2010 cenus with a population density of 36 inhabitants/km² )....
and Hotan Prefecture of Xinjiang, and Dêmqog
Dêmqog, Ngari Prefecture
Dêmqog is a very small village in the Tibet Autonomous Region of China. It lies at an altitude of 5009 metres . The combined Chinese-Indian village has a population of about 150....
of Tibet Autonomous Region
Tibet Autonomous Region
The Tibet Autonomous Region , Tibet or Xizang for short, also called the Xizang Autonomous Region is a province-level autonomous region of the People's Republic of China , created in 1965....
. The United Nations and other local entities use the designation Jammu and Kashmir to geographically denote said area.
Israeli-occupied territories
After the Six-day WarSix-Day War
The Six-Day War , also known as the June War, 1967 Arab-Israeli War, or Third Arab-Israeli War, was fought between June 5 and 10, 1967, by Israel and the neighboring states of Egypt , Jordan, and Syria...
in 1967, the Israel Defence Forces took control of the Gaza Strip, the West Bank including East Jerusalem, and the Golan Heights. The situation in these territories has been described by almost the entire international community as occupation.
Israeli position
The use of the terms "occupied" for these territories has been disputed. Paul S. Riebenfeld
Paul S. Riebenfeld
Paul S. Riebenfeld was a political scientist and international jurist and layer. He served as a Zionist delegate to the Palestine Mandate Commission of the League of Nations from 1937 to 1939; as Honorary Chairman of the "Louis D...
, an international lawyer, who represented Jewish interests at the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
, argued that the West Bank and the Gaza Strip do not belong to any other sovereign state, are part of former Mandate Palestine
Mandate Palestine
Mandate Palestine existed while the British Mandate for Palestine, which formally began in September 1923 and terminated in May 1948, was in effect...
, and therefore fall legitimately within Israel's jurisdiction.
Whether or not Israel still occupies the Gaza Strip, following its unilateral disengagement
Israel's unilateral disengagement plan
Israel's unilateral disengagement plan , also known as the "Disengagement plan", "Gaza expulsion plan", and "Hitnatkut", was a proposal by Israeli Prime Minister Ariel Sharon, adopted by the government on June 6, 2004 and enacted in August 2005, to evict all Israelis from the Gaza Strip and from...
from there, assuming it can even be considered that it "occupied" it in the first place, is disputed. For more information see also Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
.
Palestinian position
Palestinians generally view Israeli presence in the West Bank as illegal occupation. The presence and establishment of Jewish settlements
Israeli settlement
An Israeli settlement is a Jewish civilian community built on land that was captured by Israel from Jordan, Egypt, and Syria during the 1967 Six-Day War and is considered occupied territory by the international community. Such settlements currently exist in the West Bank...
in the West Bank, and the construction of a barrier
Israeli West Bank barrier
The Israeli West Bank barrier is a separation barrier being constructed by the State of Israel along and within the West Bank. Upon completion, the barrier’s total length will be approximately...
dividing parts of the territory are major bones of contention in Israeli-Palestinian peace talks. The Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
has repeatedly called on the international community to enforce ICJ's rulings on the West Bank.
International Court of Justice Opinion
In July 2004, the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ) delivered an Advisory Opinion on the 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory'. The Court observed that under customary international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
as reflected in Article 42 of the Regulations Respecting the Laws and Customs of War on Land Annexed in the Fourth Hague Convention
Hague Convention
The Hague Convention may refer to:* Hague Conventions , among the first formal statements of the laws of war and war crimes in international law...
of 18 October 1907, territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised.
The State of Israel raised a number of exceptions and objections, but the Court found them unpersuasive. The Court ruled that territories had been occupied by the Israeli Defense Forces in 1967, during the conflict between Israel and Jordan, and that subsequent events in those territories had done nothing to alter the situation. 'All these territories (including East Jerusalem) remain occupied territories and Israel has continued to have the status of occupying Power.'
Golan Heights
The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the Arab League
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
, the International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, and Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
consider the Golan Heights to be Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n territory occupied by Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
.
Western Sahara
Western SaharaWestern Sahara
Western Sahara is a disputed territory in North Africa, bordered by Morocco to the north, Algeria to the northeast, Mauritania to the east and south, and the Atlantic Ocean to the west. Its surface area amounts to . It is one of the most sparsely populated territories in the world, mainly...
is considered an occupied territory by the POLISARIO (Sahrawi
Sahrawi
Most frequently in English language usage, the term Sahrawi is usually used in reference to populations from the disputed Western Sahara territory, sometimes with a nationalist connotation....
national liberation movement
National Liberation Movement
A national liberation movement is an organization engaged in a war of national liberation.National Liberation Movement may also refer to:* Movement of National Liberation, a leftist party founded by former Mexican President Lázaro Cárdenas...
), the Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic
The Sahrawi Arab Democratic Republic is a partially recognised state that claims sovereignty over the entire territory of Western Sahara, a former Spanish colony. SADR was proclaimed by the Polisario Front on February 27, 1976, in Bir Lehlu, Western Sahara. The SADR government controls about...
(SADR) (government in exile in Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
), the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
and some other countries and human rights groups. International bodies
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
and some other states as a policy of deliberate ambiguity
Policy of deliberate ambiguity
A policy of deliberate ambiguity is the practice by a country of being intentionally ambiguous on certain aspects of its foreign policy or whether it possesses certain weapons of mass destruction...
see Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
as the de facto administrative power pending a solution to the conflict. The referendum
Baker Plan
The Baker Plan is a United Nations initiative to grant self-determination to Western Sahara...
that the UN wants to hold has been effectively blocked, and many of the incidents reported to have occurred in the territory are consistent with an unaccountable military occupation.
Most of the territory claimed by the SADR in Western Sahara is currently under the unrecognized but effective sovereignty of Morocco. They do not recognize the SADR, though dozens of countries
Foreign relations of Western Sahara
Western Sahara, formerly the Spanish colony of Spanish Sahara, is a disputed territory claimed by both the Kingdom of Morocco and the Polisario Front...
do.
Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
has been occupied by the Turkish military since 1974 and the Turkish Republic of Northern Cyprus
Turkish Republic of Northern Cyprus
Northern Cyprus or North Cyprus , officially the Turkish Republic of Northern Cyprus , is a self-declared state that comprises the northeastern part of the island of Cyprus...
which has declared independence on the island has not been recognized except by Turkey. The Turkish invasion caused a significant exodus of Greek Cypriots from the north, followed by a similar movement of Turkish Cypriots from the south. The Turkish government has initiated a policy of colonisation
Colonisation
Colonization occurs whenever any one or more species populate an area. The term, which is derived from the Latin colere, "to inhabit, cultivate, frequent, practice, tend, guard, respect", originally related to humans. However, 19th century biogeographers dominated the term to describe the...
by settler
Settler
A settler is a person who has migrated to an area and established permanent residence there, often to colonize the area. Settlers are generally people who take up residence on land and cultivate it, as opposed to nomads...
s from various parts of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, leading to a demographic alteration of the occupied territories.
Abkhazia and South Ossetia
Following the 2008 South Ossetia war2008 South Ossetia war
The 2008 South Ossetia War or Russo-Georgian War was an armed conflict in August 2008 between Georgia on one side, and Russia and separatist governments of South Ossetia and Abkhazia on the other....
in early August 2008, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
recognised
International recognition of Abkhazia and South Ossetia
Abkhazia and South Ossetia are two breakaway republics in the Caucasus with disputed status over whether they are a part of Georgia or sovereign states. The Republic of Abkhazia and the Republic of South Ossetia were recognised following the 2008 South Ossetia War between Russia and Georgia, by six...
Abkhazia
Abkhazia
Abkhazia is a disputed political entity on the eastern coast of the Black Sea and the south-western flank of the Caucasus.Abkhazia considers itself an independent state, called the Republic of Abkhazia or Apsny...
and South Ossetia
South Ossetia
South Ossetia or Tskhinvali Region is a disputed region and partly recognized state in the South Caucasus, located in the territory of the South Ossetian Autonomous Oblast within the former Georgian Soviet Socialist Republic....
as independent states on 26 August 2008. In response, on 28 August 2008, the Georgian parliament passed a non-binding resolution calling on the Georgian government
Cabinet of Georgia
The Cabinet of Georgia is an executive council of government ministers in Georgia. It is headed by the Prime Minister of Georgia. In the cases of utmost importance, the meetings may be led by the President of Georgia . The first Cabinet of Georgia was formed by Noe Zhordania in the Democratic...
to sever diplomatic relations with Russia, because of the recognition of what the Georgian parliament deemed to be occupied territories. This culminated on 29 August 2008 with Georgia severing diplomatic relations with Russia.
On 23 October 2008, Georgia endorsed "The Law on Occupied Territories" defining "the status of territories occupied as a result of the military aggression of the Russian Federation" and envisaging "a special legal regime" on these territories. In March 2009, the Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
, the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
's advisory body on constitutional and legal issues, asked by Georgia to opine on the law, said that the criminalisation of entry into the occupied territories without making explicit exceptions for emergency situations or humanitarian aid was a matter of concern.
Nagorno-Karabakh
Some 30,000 people died in the Nagorno-Karabakh warNagorno-Karabakh War
The Nagorno-Karabakh War was an armed conflict that took place from February 1988 to May 1994, in the small enclave of Nagorno-Karabakh in southwestern Azerbaijan, between the majority ethnic Armenians of Nagorno-Karabakh backed by the Republic of Armenia, and the Republic of Azerbaijan...
, which erupted after the mountainous region declared independence in 1991. Nagorno-Karabakh has been under Armenian control since a Russian-brokered ceasefire in 1994. Additional to this, Armenians occupy seven other Azerbaijani districts. This resulted in the displacement of 528,000 Azerbaijanis
Refugees and internally displaced persons in Azerbaijan
Azerbaijani SSR was the first republic of Soviet Union that faced the problem of refugees. Those people were the Azerbaijani inhabitants of Armenia.-Refugees from Armenia:...
. The UN Security Council has passed four resolutions on the "Nagorno-Karabakh region of Azerbaijan" in 1993. The UN General Assembly and other international organizations have similarly passed several resolutions recognizing Azerbaijan's territorial integrity and sovereignty over Nagorno-Karabakh, urging withdrawal of all occupying forces and peaceful resolution. The peace mediation is taken up by the Organization for Security and Cooperation in Europe (OSCE) Minsk Group since 1992.
Kosovo
Occupied since 1999 NATO bombing of Serbia, Kosovo is a province inside Serbia which self-proclaimed secessionSecession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
of the de-facto annexed territories in 2008. This is in violation of the UN resolution 1244, which placed Kosovo under KFOR
KFOR
The Kosovo Force is a NATO-led international peacekeeping force responsible for establishing a secure environment in Kosovo.KFOR entered Kosovo on 12 June 1999 under a United Nations mandate, two days after the adoption of UN Security Council Resolution 1244...
and NATO occupation, while admitting Serbian sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
. Nevertheless, some 80 countries have recognized the secession, led by NATO countries that waged the war against Serbia. The secession does not have the support of UN General Assembly, nor the UN Security Council, in which permanent members (also NATO members that illegally bombed Serbia) US, Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
lobby for secession, while non-NATO permanent members China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
vehemently oppose this violation of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
.