LA PROTEZIONE DELLA POPOLAZIONE CIVILE NEI TERRITORI OCCUPATI TRA DIRITTO INTERNAZIONALE UMANITARIO E DIRITTI UMANI

This PhD thesis deals with the protection of the civilian population in occupied territories. After defining the notion of 'military occupation’ in the light of recent practice of both States and international organizations, as well as analysing the relevant provisions of International Humanitarian Law (IHL), the research focuses on the extraterritorial application of International Human Rights Law (IHRL) and the interplay between IHL and IHRL in occupied territories. The aim is to ascertain how to reconcile these two legal regimes whenever a conflict of norms arises, as in the case of the tension between internment of civilians in time of occupation (Art. 78 IVGC) and the right to personal liberty enshrined in human rights treaties (Art. 9 ICCPR and Art. 5 ECHR).