Abstract | This article explores the duties of occupying powers in relation to the activities of private actors in occupied territory. It is argued that under international law, occupying powers are bound by obligations of prevention pertaining to private actors’ activities that might be in conflict with rules of international law, and in particular, international humanitarian law. The main obligation is based upon Article 43 of the 1907 Hague Regulations. All the relevant obligations of prevention are obligations of conduct governed by the concept of due diligence. The article goes on to address the measures that the occupying powers must undertake to comply with these obligations of preventions, taking into account the limitations on the actions of occupying powers in lights of the law of occupation. |
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