LAYING THE FOUNDATIONS FOR JUS POST BELLUM: THE CONSERVATIONIST PRINCIPLE IN THE LAW OF OCCUPATION AS A FOUNDATION FOR A FOURTH ADDITIONAL PROTOCOL TO THE GENEVA CONVENTIONS

Abstract

This article examines the law of occupation in international humanitarian law in the light of the Conservationist Principle. It examines the legal as well as theoretical framework and practice of post-conflict occupation and non-conflict related occupation. The article argues that the lack of a comprehensive legal framework regulating post-conflict occupation, especially after cessation of conflict but before peace, is a serious international law problem which has resulted in mishandling of the political and economic futures of several occupied territories. It argues that the current approaches and models, including the human rights based approach and reliance on UN Security Council Resolutions have significant shortcomings and limitations. A new more comprehensive approach is therefore necessary that will protect the rights of the occupied people to self-determination while ensuring the sovereign equality and territorial integrity of states. Without amplifying the specific contents, the article argues for the adoption of a 4th Additional Protocol to the Geneva Conventions. We also theorized the foundational principles that should guide its formation and drafting.