09 September '16..
Professor Eugene Kontorovich has just published an incredibly-well researched paper that looks at the legality of settlement activity in occupied territories from a completely new angle.
The paper takes an exhaustive look at every known example of belligerent occupation in modern times, and finds that for any occupation of more than a few years, settlement activity is a part of the occupation. Kontorovich summarizes his paper this way:
First, the migration of people into occupied territory is a near-ubiquitous feature of extended belligerent occupations. Second, no occupying power has ever taken any measures to discourage or prevent such settlement activity, nor has any occupying power ever expressed opinio juris suggesting that it is bound to do so. Third, and perhaps most strikingly, in none of these situations have the international community or international organizations described the migration of persons into the occupied territory as a violation of Art. 49(6). Even in the rare cases in which such policies have met with international criticism, it has not been in legal terms. This suggests that the level of direct state involvement in “transfer” required to constitute an Art. 49(6) violation may be significantly greater than previously thought. Finally, neither international political bodies nor the new governments of previously occupied territories have ever embraced the removal of illegally transferred civilian settlers as an appropriate remedy.
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