Laura-Maria CRĂCIUNEAN-TATU
The aim of this paper is to analyse the contents of the law of occupation through a human rights lens, thus focusing on states’ international obligations to respect, protect and fulfil economic, social and cultural rights, in contexts in which such states act as Occupying Power – including in cases of prolonged occupation – and to propose ways forward to address these international obligations, with a view to ensure the enjoyment of economic, social and cultural rights by the population residing in such territories. Having in mind this objective, the paper will firstly address the legal regime of occupation with the aim of identifying the entry points for international human rights law, including economic, social and cultural rights. Secondly, it will address the legal regime of economic, social and cultural rights in general, namely the obligations to respect, protect and fulfil such rights, the principles of equality and non-discrimination, the minimum core obligations, the maximum available resources, the non-retrogression and progressive realization with the aim of putting light on the possible challenges related to the implementation of economic, social and cultural rights in peace time. Thirdly, the paper will discuss the relationship between the law of occupation and human rights law, with a focus on economic, social and cultural rights, the aim of this section being to answer to the question: how the obligations to respect, protect and fulfil such rights are influenced/modified in situations of occupation, including when occupation which is prolonged in time. Finally, we conclude by identifying some ways forward to address these obligations.
