Of course, war is undesirable always because of the huge economic, social and other impacts. But wars, which can be both just and unjust, happen between/among countries. Despite the existence of various international treaties and conventions supportive of the non-intervention in a country by another with the use of force, the occurrence of wars in the future cannot be altogether ruled out in practice due to geopolitical and some other reasons. Additionally, and importantly, cross-border wars sometimes lead to the occupation of territories of defeated countries. Though the tendency to occupy territories by force has reduced at present, it still turns out to be one of the major causes of concern in the world.
Why a country occupies another country is probably clear. No doubt, there are different reasons, although the reasons for a specific territorial occupation can differ from those of others. Notably, according to article 42 of the 1907 Hague Regulations (HR), a territory is considered occupied ‘’when it is actually placed under the authority of the hostile army’’. The relative strengths between countries, aggressive geopolitical interests (or the adoption of realist foreign policy, stated or unstated), an interest in global and/or regional hegemony, a lack of adequate international laws and/or the difficulty in the implementation of international laws, an international system that is still enormously supportive to the powerful and some other reasons are responsible for the territorial occupation. But the relative strength of the conflicting parties, along with the absence of effective global mechanism, often plays a decisive role in the terroristic occupation.
Notably, territorial occupation with military force does not have any legal status, even if wars are sometimes rendered as justified and territorial occupation is sometimes rendered as a temporary solution with the assumption that within a relatively short time the occupation will culminate in a political arrangement or a solution that will allow the inhabitants of the occupied territory to enjoy their rights, both individual and collective. Undoubtedly, territorial occupation violates the territorial integrity of a sovereign country that is given in many international documents including the United Nations Charter, based on which the United Nations was formed. Article 2(4) of the United Nations Charter clearly states about the right to ’territorial integrity’’, which has been recognized as customary international law.
But it is undeniable that territorial occupation with the use of force can lead to enormous harm to the occupied country and its people many times. Territorial occupation leads to negative economic consequences for the inhabitants of the occupied territories. Occupation can immediately lead to the loss of jobs for many. It can also lead to the violation of the political and civil rights of inhabitants including voting rights. Sometimes, there is a tendency of occupying powers to control inhabitants, or a portion of inhabitants, by providing less political freedom and civil rights. This is the case when the occupying power has an intention to keep the territory occupied for a long time. Besides, other human rights situations often turn out to be disastrous because of territorial occupation.
Of course, territorial occupation, which is also considered to be a temporary phase leading to either the handing back to the sovereign people or making it an annexation to the occupying power, does not last always. On many occasions, territorial occupation by enemy armies ends with the ending of hostilities. But occupied territories are sometimes returned and they sometimes remain under the control of the occupying power. Thus far, the largest territories came under the occupying forces after World War I and II. A significant number of the post-1945 occupations lasted for a decade or more, some of which include the Israeli occupation of the Sinai Peninsula, the Indonesian occupation of East Timor, the Turkish occupation of Northern Cyprus, the US occupation of the Ogasawara archipelago, and the Soviet Union’s occupation of Afghanistan.
It is ideally desirable that territorial occupation be ended. But it is very difficult in practical terms. This is because territories of the sovereign country are occupied by powerful countries, regionally and/globally. Moreover, the global system does not have an adequately effective mechanism for the de-occupation of occupied territories in different areas of the world. Even if there are some international treaties and conventions, along with the UN Charter, that provides territorial integrity, a considerable number of territories of different countries are currently occupied by other countries and there is no sign of de-occupation. Also, different countries, including powerful ones, and organizations sometimes talk of the de-occupation and territorial integrity of sovereign nation-states, but they neither talk about all occupied territories nor are their voices heard by the occupying powers.
Yet, it is important to rethink the territorial occupation by powerful countries. It is to be noted that territorial occupation was a common practice for a long time. Territories of different countries were extended through the occupation by other countries throughout history. Even if war cannot be avoided because of geopolitical and other justified and unjustified reasons, it may not be impossible altogether to avoid territorial occupation with the use of force. But a very pertinent question remains: Who will act for the de-occupation of occupied territories across countries? Of course, intergovernmental organizations may be effective on some occasions. But the main actors are powerful countries, including those countries that occupy. Indeed, the willingness and commitment of powerful countries, including those countries that occupy, are more important than anything else.
Of course, territorial occupation, as per different international treaties and conventions including the Fourth Geneva Convention, involves various rights to the people of occupied territories. Notably, it is desired that occupied territories are given back to inhabitants by the occupying power. Unless occupied territories are given back to the inhabitants, it is important that different rights need to be given to them. No doubt, inhabitants deserve all the economic, social, legal, political, cultural and other rights that they enjoy under the legal authority of a sovereign state. In this respect, occupying powers have undeniable responsibilities. A strengthened international mechanism especially of the United Nations is also very important for their monitoring of different occupied territories.
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