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UPA Perpustakaan Universitas Jember

State Responsibility for International Humanitarian Law Violations by Private Actors in Occupied Territories and the Exploitation of Natural Resources

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The interplay between public and private actors in the exploitation of
natural resources in an occupied territory makes the regime of state and individual
responsibility particularly complex in cases of exploitation by private actors that
result in a breach of international humanitarian law. The Occupying Power has the
duty not to deplete the natural resources of the occupied territory and, according to
the case law of the International Court of Justice, it must also ensure that private
actors do not exploit the natural resources of the occupied territory in violation of
international humanitarian law. This paper explores the legal basis of this duty of
vigilance and the consequences of the Occupying Power’s responsibility for the acts
of private actors.

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