LAYING THE FOUNDATIONS FOR JUS POST BELLUM: THE CONSERVATIONIST PRINCIPLE IN THE LAW OF OCCUPATION AS A FOUNDATION FOR A FOURTH ADDITIONAL PROTOCOL TO THE GENEVA CONVENTIONS

Abstract

This article examines the law of occupation in international humanitarian law in the light of the ConservationistPrinciple. It examines the legal as well as theoretical framework and practice of post-conflict occupation andnon-conflict related occupation. The article argues that the lack of a comprehensive legal framework regulatingpost-conflict occupation, especially after cessation of conflict but before peace, is a serious international lawproblem which has resulted in mishandling of the political and economic futures of several occupied territories.It argues that the current approaches and models, including the human rights based approach and reliance onUN Security Council Resolutions have significant shortcomings and limitations. A new more comprehensiveapproach is therefore necessary that will protect the rights of the occupied people to self-determination whileensuring the sovereign equality and territorial integrity of states. Without amplifying the specific contents, thearticle argues for the adoption of a 4th Additional Protocol to the Geneva Conventions. We also theorized thefoundational principles that should guide its formation and drafting.