The right to resistance in occupied territories

Abstract

The writing of this thesis meets the obvious need for a general work on the law of armed conflict from its theoretical origins to the most recent political and legal developments. The title expresses one of the basic purposes of International Humanitarian Law, which is to provide, amid generalized barity of war, protection to civilians and those no longer taking part in the fighting, and even restrictions on the violent conduct between the combatants. Resistance movements in occupied territories have been accepted as a concept since WWII. However, the exact characteristics of these movements, the rules applied to them, and the rights and duties have never been really clear. This thesis analyses the development of the concept of organized resistance movements and the efforts to regulate such organizations under International Humanitarian Law, culminating with the Additional Protocol of the Geneva Conventions, drafted in 1977. The main questions to be answered are whether these rules are adequate and if improvements are needed to protect civilians and combatants in occupied territories.