مسؤولية الدولة المحتلة في ظل المواثيق الدولية وقواعد وأحكام القانون والقضاء الجنائيين الدوليين.

Abstract

The military occupation is one the most important and dangerous acts in the International community due to its impacts on its parties in particular and on the international community in general. One of the most prominent of these impacts is probably the international responsibility of the occupying country, especially if it was a belligerent occupation; in other words, when the occupation becomes a military act from a country toward another; which may result in the defeat of one of them and the partial or total occupation of its territory. The international community has sought to implement clear legal regulations that would organize the occupation in general and the belligerent occupation in particular given the characteristics and effects of the latter. The belligerent occupation was regulated by the International Humanitarian Law regulations, which purpose was to organize this act from beginning to end. In return, any breach of the international law regulations generally leads to a debate in order to establish an international responsibility, which grows on the occasion of belligerent occupations given that the latter is a real fact but it is legally disapproved. The images of this international responsibility are reflected in any violation of the international instruments related to the human life and environment, which creates a debate in order to compensate all damages, resulted from this occupation, whether they were during or after it. The development of some countries in parallel with the development of the international community had an impact on the international law regulations in general and the humanitarian regulations in particular, which imposed responsibility on the occupying country, whether it was a responsibility on the acts of military and civil occupation authorities or on the status of this occupation with this adaptation, which imposes in first degree on the occupying country to provide security in the occupied territory and to take liability of negligence , especially after the establishment of the penal responsibility for the agents of the occupying authority in the occupied territory and the civil responsibility as well; which are the result of the international responsibility of the occupying country; including the protection of civilian properties in the occupied territory.