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I) When does occupation start - Coggle Diagram

- - - - Forces of occupying power do not need to be present everywhere but at strategic points.
    - - Courts said that Israel still has some obligations. It is not a full occupying power. It all depends on how much Israel was controlling the territory
  - - - Under the law of occupation, the occupying power is obliged to preserve and utilize the existing national institutions—such as local judges, administrative bodies, and police forces—to administer the territory. These institutions may continue to function, but under the authority of the occupying power, not of the original state. so there can be vertical delegation within the occupying structure
      - SO local institutions may remain operational, but they are subordinated to the occupier's authority.
  - - - One says actual exercise of authority is required.
      - The other argues that potential ability to exercise control is sufficient, even if the occupier chooses a "hands-off" approach.
      - This remains a contested area in international law.
  - - - Quid of the situation where armed groups (eg M23) fight with the armed forces of the occupying state (armed forces of Rwanda). The laws of IAC will govern the relation between the occupying armed group and the armed forces of the occupying power.
  - - - Nature of the control exercised by armed groups over OCCUPIED territories -> effective control
      - Nature of the control exercised by occupying force over ARMED GROUP
        
        ICTY Naletilic Judgment -> effective control
        
        Overall control? (do not need to have an effective control over all actions) ICTY Blaskic Judgment, § 149; ICJ DRC v. Uganda, § 177; ICRC.
  - - - If no effective control but just invasion-> IAC
      - Once effective control is established -> occupation
    - - If not in the hands of a party to the conflict ⇢ gap in protection (no protection as ‘protected persons’ by Part III GC IV of population located in invaded territory) ⇢ gap in rights (no right to detain by invading forces).
      - Sliding scale: negative obligations apply when person falls in the hands of invading forces; positive obligations apply according to the degree of control exercised by invading forces.
      - An occupying power has legal obligations only in the areas or over the functions where it actually exercises authority.
        
        VS traditionnel approach: a territory is "occupied" if it is effectively placed under the authority of a hostile army, and then assumes the occupier has full obligations throughout.