| Abstract | This chapter examines the international legal framework governing the use of armed force in occupied territory by occupying powers, occupied states, and local populations. It argues that assessing such uses of force requires navigating the interplay between multiple branches of international law, including international humanitarian law, jus ad bellum, international human rights law, and the principle of self-determination of peoples. While jus ad bellum regulates the legality of the occupation as a whole, it does not generally govern individual instances of force within occupied territory once an occupation is established. Instead, the law of occupation provides the primary legal framework, requiring the occupying power to maintain public order through law enforcement measures and permitting resort to hostilities only when violence reaches the threshold of a non-international armed conflict. The chapter also explores whether occupied populations possess a right to armed resistance. Although no universal right is codified, international humanitarian law, the principle of self-determination, and elements of state practice suggest broad support for the legitimacy of resistance, subject to compliance with applicable rules of international humanitarian law. Ultimately, the legality of force in occupied territory depends on identifying the applicable legal regime in each context, reflecting the complex interaction of overlapping normative frameworks. |
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