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Related word occupied

International Humanitarian Law

III.10 Special protection against CRSV is owed to population in occupied territory

In situations of occupation, occupying States (also known as occupying powers) have heightened duties under IHL. Territory is considered occupied when under the authority of adverse foreign armed forces, and the occupation extends only to the territory where such authority has been established and can be exercised.

If this is the case, occupying powers must take measures to restore and ensure public order and safety and, if possible, respect the laws in force in the occupied territory, including the applicable rules of IHRL and IHL. This obligation comprises the duty to protect the inhabitants of occupied territory against acts of violence, 'and not to tolerate such violence by any third party'. Occupying powers can be held responsible for failing to take all measures in their power to prevent violations of IHRL and IHL by their armed forces and other actors present in occupied territory.

International Humanitarian Law

III.6 Special protection against CRSV is owed to refugees, stateless persons and transferred persons

Under the Fourth Geneva Convention, 'protected persons' are those who, at a given moment and in any manner, are in the hands of a party to the conflict or occupying power. Refugees who qualify as protected persons within the meaning of the Convention benefit from the protection owed to non-nationals in the hands of a party to the conflict or occupying power. Stateless persons also qualify as protected persons.

In addition, refugees who are not, in fact, under any government's protection, enjoy special protection under article 44 of the Convention. In applying measures of control and security in regard to protected persons as may be necessary because of the war, States must not treat refugees as enemy non-nationals exclusively on the basis of their nationality, in law, of an enemy State. Refugees in occupied territory that are not considered protected persons also enjoy certain protections under article 70(2) of the Convention. For the purposes of IHL, the term 'refugee' should be understood in a broad sense; the only criterion being that the individual in question does not 'enjoy the protection of any government'.

International Humanitarian Law

...as through the use of Braille’.114 III.10 Special protection against CRSV is owed to population in occupied territory🔗 In situations of occupation, occupying States (also known as occupying powers) have heightened duties under IHL. Territory is considered occupied when under the authority of adverse foreign armed forces,115 and the occupation extends only to the territory where such authority has been established and can be exercised.116 If this is the case, occupying powers must take measures to......to reader A detailed explanation of IHL on occupation is beyond the scope of the Guidebook. For a breakdown of the relevant legal provisions, see ICRC, ‘Occupation’. Justice and Accountability🔗 III.11 States must ensure victims/survivors of CRSV who have been deprived of their liberty (including POWs) have access to reporting procedures🔗 Persons deprived of their liberty must have the right to complain about the conditions they are being detained in to the authorities in whose......especially at risk group. An occupying State must not hinder the application of any preferential measures in regard to medical care and protection against the effects of war which may have been adopted prior to the occupation in their favour.83 States are encouraged to establish hospital and safety zones in their own territory or occupied areas to host civilian ‘expectant mothers and mothers of children under seven years’.84 In an IAC, maternity cases and expectant......extent possible, ensuring the provision of food and medical supplies to the population under occupation, as well as sufficient hygiene and public health standards;124 Refraining from requisitioning civilian hospitals;125 Allowing humanitarian organisations to continue their activities;126 Ensuring the effective administration of justice by allowing the occupied territory’s courts to continue to function and apply that territory’s penal laws.127 This obligation may be particularly relevant to occupied States that have already addressed sexual violence in legislation. Note......any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals’, which covers the sick and wounded, medical personnel, POWs and civilians.146 Sexual violence amounts to torture or inhuman treatment when ‘inflicted on the physical and moral integrity of a person by means of threat, intimidation or force, in such a way as to degrade or...

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

...themselves’.16 The Committee has stated that the term ‘conflict’ can be interpreted to include a variety of circumstances: ‘conflict prevention, international and non-international armed conflicts, situations of foreign occupation and other forms of occupation and the post-conflict phase’.17 The meaning of ‘conflict’ under the CEDAW is more extensive than in IHL, as it may also cover ‘internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass......extraterritorial jurisdiction, whether acting individually or as members of international or intergovernmental organisations or coalitions; Respect, protect and fulfil the CEDAW in situations of foreign occupation.54 III.5 Decentralisation of power does not negate or reduce States’ obligations concerning CRSV🔗 Decentralisation of power ‘through devolution and delegation of Government powers’ does not negate or reduce the direct responsibility of the State’s national or federal Government to fulfil its obligations to all women within its jurisdiction.55 As......against women which normalise and promote sexual violence against women and girls. When necessary, States should ensure they fall within the legal definition of child pornography.108 III.9 States must provide girls with safe access to education🔗 In conflict, students attending classes in schools under occupation by State and non-State armed groups ‘may be exposed to physical or sexual abuse, with girls at greater risk than boys’.109 States should: Enact legislation, revise military practice and policy...

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

...law.37 This includes prohibited acts committed ‘not only on board a ship or aircraft registered by a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities, or other areas over which a State exercises factual or effective control’.38 The CAT must also be applied to protect ‘any person, citizen or non-citizen without discrimination’ that is subject to a State Party’s control. The State’s obligation to...

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