Definition, Beginning, and End of Occupation

Abstract This chapter addresses the threshold questions of the law of occupation: how is occupation legally defined, what territory can be occupied and by whom, and relatedly, when does occupation begin and end. It first introduces the traditional conditions for the existence of occupation. It then discusses the occupation of territories of states and of territories considered "non-sovereign." The chapter thereafter deals with spatial aspects: mainly, the occupation of land, air, waters and maritime zones. It moves to address the possible identity of occupants—from states, through coalitions, to non-state actors. Last, it offers a detailed analysis of the conditions for the beginning and end of occupation, both in light of traditional criteria and newer, "functional" approaches.