2011•Graduate Institute Publications eBooksOpen access
VI. Conclusion Part B
Michael Siegrist
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Abstract
Two arguments are commonly brought forward to call into question the application of provisions relative to occupied territories in accordance with the functional beginning of belligerent occupation. First, it is often contended that the functional beginning of belligerent occupation theory would not be necessary because a strict distinction between invasion and a state of belligerent occupation does not create a gap in protection. The existing rules alongside those on