Thèses

Jeudi 28 octobre 2021: Madame Tom Gal

Madame Tom Gal soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée:

« Territorial control: suggesting a legal framework for the application of the law of occupation to territories controlled by armed groups »

Jeudi 28 octobre 2021 - 16h15.

Soutenance en ligne*

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* par ZOOM : https://unige.zoom.us/j/62582007089

Résumé:

The thesis proposes that under certain conditions, the law of occupation, and especially the legal framework offered by the Fourth Geneva Convention, shall apply de jure or mutatis mutandis, to the territories controlled by non-State armed opposition groups. The application of the law of occupation to these situations, does not only expands the protection of the civilians inhabiting the territory, who find themselves under the control of an armed group, but also reflects the interests of the State which territory has been occupied and defines the obligations of third States as well. As different armed conflicts occurring in the past decades show, armed groups exercise effective control over territories, thus meet the threshold of application of the law of occupation, and are de facto occupying a territory. After defining armed groups in international humanitarian law and reviewing the legal framework regulating occupied territories, and the requirements for applying the law of occupation, the thesis turns to analyze the status of armed groups in the international community and the legal implications of said status. Finally, the thesis explores the method of application of the law of occupation given the status of the armed group – whether it is independent or in fact, the proxy of a State, and the type of conflict it is party to, addressing among others the advantages, but also the shortcomings of such application.   

 

28 octobre 2021
  Thèses