Mechanisms for implementing international human rights law in occupied territories: legal challenges and ways to enhance effectiveness
Year: 2025
Type: article
Abstract: This study analyzes the implementation of international human rights law (IHRL) in occupied territories, focusing on occupying states’ obligations under “effective control.” Examining United Nations (UN) resolutions, International Court of Justice rulings, and state practices reveals systemic compliance barriers: Security Council political bias, unenforceable penalties, and fragmented oversight. Case studies like Palestine demonstrate the gap between legal standards and reality, where violations—illegal settlements and denial of essential services—persist unaddressed. Proposed reforms include suspending Security Council vetoes on human rights votes, empowering the International Criminal Court (ICC) to investigate occupation crimes, and deploying permanent UN monitoring missions. The goal is to bridge legal theory and enforcement, prioritizing the dignity and protection of vulnerable populations under occupation.
Source: Boletim IBCCRIM
Author: AbuHasballah, Belal Ali
Institution: East China University of Political Science and Law
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7106848850
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