Juvenile Justice in Belligerent Occupation Regimes: Comparing the Coalition Provisional Authority Administration in Iraq with the Israeli Military Government in the Territories Administered by Israel

摘要

Long-term belligerent occupations and transformative occupations face new challenges in terms of the occupying forces' relations with the occupied population and their obligations towards the protected persons. Applying a compatible and just juvenile justice system in occupied territories is one such challenge. We rely on contemporary theory and practice in international law that supports a mutual application of human rights law and international humanitarian law, where one of these branches of international law is the lex specialis and the other may serve as a complementary or interpretative legal framework. We suggest that this model is most appropriate for the long-term belligerent occupying force and for the transformative occupying force to fulfill their legal obligations in general, in particular in establishing a juvenile justice system. We applied this claim to the case studies of the juvenile justice system in formerly occupied Iraq and in Israel's administered territories.