![]() ![]() ![]() ![]() ![]() Abstract: The comment focuses on the construction of time in the normative regime of occupation Beginning (in section 2) with a critique of the ICJ's reading of Article 6 of the Fourth Geneva Convention concerning the scope of applicability ratione temporis of the Convention in cases where the duration of an occupation lasts longer than one year, the comment proceeds (in section 3) to argue (a) that the gap between the working assumption informing Article 6 (of relatively short-term occupations) and reality (of prolonged occupations) defines a problem which the Court erroneously construed as a solution (b) that the problem of prolonged occupation has allowed for the substitution of an indefinite for a temporary duration of an occupation a move which defies the basic tenets of the normative regime of occupation and (c) that a proper solution involves the construction of the notion of "reasonable time" into the Fourth Geneva Convention The comment includes (in section 4) a proposal designed to minimize the temporary/indefinite blurring of boundaries in situations where an occupation has not ended within one year. ![]()
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