On The Application Of The Regime Of Military Occupation To United Nations Peacekeeping Operations

Military occupation as the matter of fact,as long as the elements of the armed conflict and territory surviving,will inevitably exist.The legitimacy of territorial acquisition was denied by modern International Law,so that the perpetrators of military occupation does not acquire the territorial sovereignty of another country for occupation.But they do receive the power to govern the territory of another country during the military occupation.The Regime of Military Occupation is the part of International Humanitarian Law,and it contains the commons of International Humanitarian Law,simultaneously with the unique features.The Regime of Military Occupation balances the need to meet the military interests of the occupiers with protection to the rights of citizens of the occupied territories,and ultimately is committed to peace,stability and reconstruction in the occupied territories.It's necessary to outline an important legal framework.On the macro point of view,the Normal Law and the Law of Armed Conflict(sometimes referred to as the Law of War)corresponds with each other.Look at the connotation of both,although the scope of application of International Human Rights Law is very wide,even in wartime or emergency also could be applied,but it still mainly reflected in the Normal Law.The Law of Armed Conflict includes two main parts namely Resort to Force(jus ad bellum)and Wartime Law(jus in bello),and International Humanitarian Law is the main Wartime Law.The Regime of Military Occupation is an important part of International Humanitarian Law,but military occupation is often between war with peace,the Regime of Military Occupation also shows the characteristics of Wartime Law and Normal Law.The relationship between the occupiers and the occupied territories is more inclined to the Wartime Law of conflict and coordination,and the relationship between the occupiers and the civilian population in the occupied territories tends to be more common in management and protection.The Regime of Military Occupation has the characteristics of Normal Law.And it forms a complementary or coincidence with the International Human Rights Law.But the nature of the Regime of Military Occupation is the special law,when in conflict with International Human Rights Law,it is generally believed that the application of the Regime of Military Occupation is appropriate.United Nations peacekeeping operations apply to the Regime of Military Occupation,and it regards the presence of peacekeepers as paramilitary occupation,conforming to the normative trend of United Nations peacekeeping operations and it is also the opportunity for innovation in military occupation.It is a good choice to break some of the legal barriers to peacekeeping operations by factually(de facto)or directly(de jure)applying the regime of military occupation,with new and diversified rules of peacekeeping operations.Compliance with these legal systems under International Humanitarian Law,which is universally recognized by the international community,can bring more confidence and recognition to peacekeeping forces.First,the peacekeeping force applies the Regime of Military Occupation,which can reshape and clarify the responsibilities and powers of the peacekeeping force,and further enhance its credibility and strengthen its self-discipline.Second,it can facilitate the social management and institutional reconstruction of peacekeeping areas,and reform the rule of law in the region,simultaneously protect the rights of civilians in peacekeeping areas.And third,it is the way to protect the rights and interests of peacekeepers in the peacekeeping system,while reducing the legal risks of peacekeepers in carrying out peacekeeping missions.So the Regime of Military Occupation is fully applicable to United Nations peacekeeping operations.