State-Building, Occupation and International Law: Friends or Foes?

Abstract

What role does the law of occupation play in the process of state-building? Whilst the law of occupation presupposes that an occupying power will not restructure the operation and function of a state, but rather, will hold the status quo (see art. 43 Hague Regulations 1907) and ensure that the peoples of occupied territories are not subjected to further chaos, the contemporary practice of occupying powers today -particularly after the 2003 invasion of Iraq- seems to defy the non-transformational doctrines of international humanitarian law. So, to what extent does it still have relevance in the administration of post-conflict societies? This chapter addresses the aptness of the law of occupation within contemporary understandings of state-building - and broadly considers question 'is the law of occupation state- building'.

Keywords: State-building, Occupation, International Law