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Abstract

This note examines dicta of the International Court of Justice in the recent case of DRC v. Uganda, in so far as it relates to the concept of occupation in international humanitarian law. The question of when a territory is said to be under occupation is crucially important in order to determine the rights and obligations of various parties to the dispute. This was the first occasion that the ICJ clarified the concept of occupation, and this note discusses both the majority judgment, and the strong separate and dissenting opinions rendered in this case. It also seeks to discuss the merits of each approach and applies the same in the context of the Israeli-Palestine dispute.

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