تصرفات غیرقانونی سرزمینی توسط کشورها From Wikipedia, the free encyclopedia
این مقاله، فهرستی از اشغال‌های نظامی، از زمانی‌که قوانین عرفی اشغال نظامی متخاصم برای اولین بار توسط کنوانسیون لاهه در سال ۱۹۰۷ روشن و تکمیل شد، اعم از تاریخی و کنونی را ارائه می‌کند.[1]
همان‌طور که در حال حاضر در حقوق بین‌الملل فهمیده می‌شود، اشغال نظامی عبارت است از کنترل نظامی مؤثر توسط یک قدرت بر سرزمینی خارج از قلمروی مستقل شناخته‌شده آن قدرت. قدرت اشغالگر مورد بحث، ممکن است یک دولت یا یک سازمان فراملی مانند سازمان ملل باشد.
Duval, A.; Kassoti, E. (2020). The Legality of Economic Activities in Occupied Territories: International, EU Law and Business and Human Rights Perspectives. Routledge Research in International Economic Law. Taylor & Francis. ISBN978-1-00-008873-1. In the West Bank, Israel pays lip service to the notion of a temporary occupation that is to be brought to an end by negotiation but in practice it has de facto annexed large portions of the territory under the pretext of security – as evidenced by the Wall in Palestinian territory – or by the settling of some 400,000 of its own citizens in the territory. In most cases today, however, the occupying power has formally annexed the territory in question. This is illustrated by the cases of Israel's annexations of East Jerusalem and the Golan, Morocco's annexation of Western Sahara and Russia's annexation of the Crimea. Alternatively, the occupying power has established a puppet regime that claims to be the TRNC, Abkhazia and South Ossetia.
(Secretariat of the European Parliament DG-EXPO 2015، ص. 15): "Territory may further be controlled by an armed group. This could be a rebel group which wants to take over control of the government of the state in question or it could be a group that wants to secede from the state and form a new state or have the territory transferred to another state. [...] There is no term in international law for such territory. [...] In some cases, the armed group in power in such a territory may be under the control of or under the influence of a foreign power. As has been held by the European Court of Human Rights, Turkey is legally responsible for human rights violations committed in the non-recognised 'Turkish Republic of Northern Cyprus' (TRNC). It is possible that the situation is similar in the self-proclaimed peoples' republics in Donetsk and Lugansk."
"Chapter 12: The status of Jerusalem"(PDF). The Question of Palestine & the United Nations (Brochure). United Nations Department of Public Information. March 2003. Archived from the original(PDF) on 2003-09-02.
(Secretariat of the European Parliament DG-EXPO 2015، ص. 14): "An occupied territory may also be illegally annexed [...] Annexation means that the territory is incorporated into another state and is being regarded by that state as a part of its territory. Among contemporary examples, one finds the Golan Heights, East Jerusalem, Western Sahara and Crimea. Under current international law, annexation can only be carried out after a peace treaty, and preferably after a referendum. Annexations which do not correspond to this requirement – like those just mentioned – are illegal."
(Secretariat of the European Parliament DG-EXPO 2015، ص. 14): "Territory over which a foreign power has taken control is occupied. [...] An occupation is supposed to be a temporary status, but current reality shows that territory may be occupied for decades; the West Bank and Gaza have been occupied for 48 years."
Sanger, Andrew (2011). M.N. Schmitt; Louise Arimatsu; Tim McCormack (eds.). "The Contemporary Law of Blockade and the Gaza Freedom Flotilla". Yearbook of International Humanitarian Law 2010. Yearbook of International Humanitarian Law. Springer Science & Business Media. 13: 429. doi:10.1007/978-90-6704-811-8_14. ISBN978-90-6704-811-8. Israel claims it no longer occupies the Gaza Strip, maintaining that it is neither a Stale nor a territory occupied or controlled by Israel, but rather it has 'sui generis' status. Pursuant to the Disengagement Plan, Israel dismantled all military institutions and settlements in Gaza and there is no longer a permanent Israeli military or civilian presence in the territory. However the Plan also provided that Israel will guard and monitor the external land perimeter of the Gaza Strip, will continue to maintain exclusive authority in Gaza air space, and will continue to exercise security activity in the sea off the coast of the Gaza Strip as well as maintaining an Israeli military presence on the Egyptian-Gaza border. and reserving the right to reenter Gaza at will. Israel continues to control six of Gaza's seven land crossings, its maritime borders and airspace and the movement of goods and persons in and out of the territory. Egypt controls one of Gaza's land crossings. Troops from the Israeli Defence Force regularly enter pans of the territory and/or deploy missile attacks, drones and sonic bombs into Gaza. Israel has declared a no-go buffer zone that stretches deep into Gaza: if Gazans enter this zone they are shot on sight. Gaza is also dependent on Israel for water, electricity, telecommunications and other utilities, currency, issuing IDs, and permits to enter and leave the territory. Israel also has sole control of the Palestinian Population Registry through which the Israeli Army regulates who is classified as a Palestinian and who is a Gazan or West Banker. Since 2000 aside from a limited number of exceptions Israel has refused to add people to the Palestinian Population Registry. It is this direct external control over Gaza and indirect control over life within Gaza that has led the United Nations, the UN General Assembly, the UN Fact Finding Mission to Gaza, International human rights organisations, US Government websites, the UK Foreign and Commonwealth Office and a significant number of legal commentators, to reject the argument that Gaza is no longer occupied.
Scobbie, Iain (2012). Elizabeth Wilmshurst (ed.). International Law and the Classification of Conflicts. Oxford University Press. p.295. ISBN978-0-19-965775-9. Even after the accession to power of Hamas, Israel's claim that it no longer occupies Gaza has not been accepted by UN bodies, most States, nor the majority of academic commentators because of its exclusive control of its border with Gaza and crossing points including the effective control it exerted over the Rafah crossing until at least May 2011, its control of Gaza's maritime zones and airspace which constitute what Aronson terms the 'security envelope' around Gaza, as well as its ability to intervene forcibly at will in Gaza.
Gawerc, Michelle (2012). Prefiguring Peace: Israeli–Palestinian Peacebuilding Partnerships. Lexington Books. p.44. ISBN978-0-7391-6610-9. While Israel withdrew from the immediate territory, Israel still controlled all access to and from Gaza through the border crossings, as well as through the coastline and the airspace. In addition, Gaza was dependent upon Israel for water, electricity, sewage, communication networks, and for its trade (Gisha 2007. Dowty 2008). ln other words, while Israel maintained that its occupation of Gaza ended with its unilateral disengagement, Palestinians—as well as many human right organizations and international bodies—argued that Gaza was by all intents and purposes still occupied.
"The international community maintains that the Israeli decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan is null and void and without international legal effect." International Labour Office (2009). The Situation of Workers of the Occupied Arab Territories. Geneva: International Labour Office. p.23. ISBN978-92-2-120630-9.
"[...] the Golan Heights, a 450-square mile portion of southwestern Syria that Israel occupied during the 1967 Arab–Israeli war." Also, "[...] the Syrian Golan Heights territory, which Israel has occupied since 1967". (Prados, Alfred B. (19 January 2006). "CRS Issue Brief for Congress: Syria: U.S. Relations and Bilateral Issues"(PDF). Congressional Research Service. pp.3, 4. Archived from the original(PDF) on 2006-03-23.)
"[...] the United States considers the Golan Heights to be occupied territory subject to negotiation and Israeli withdrawal [...]" (Mark, Clyde R. (5 April 2002). "CRS Issue Brief for Congress: Israeli-United States Relations"(PDF). Congressional Research Service. p.8. Archived from the original(PDF) on 2003-04-24.)
Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford University Press. p.265. ISBN0-19-828007-6. The continued occupation of the Syrian Golan Heights is recognized by many states as valid and consistent with the provisions of the United Nations Charter, on a self-defence basis. Israel, on this view, would be entitled to exact as a condition of withdrawal from the territory the imposition of security measures of an indefinite character—such as perpetual demilitarization, or the emplacement of a United Nations force—which would ensure, or tend to ensure, that the territory would not be used against it for aggression on future occasions. But the notion that Israel is entitled to claim any status other than that of belligerent occupant in the territory which it occupies, or to act beyond the strict bounds laid down in the Fourth Geneva Convention, has been universally rejected by the international community—no less by the United States than by any other state.
Kajjo, Sirwan (2 March 2017). "Skirmishes Mar Fight Against IS in Northern Syria". Voice of America. Turkish occupation "is an existential threat to the Assad government's ability to reclaim the entirety of its territory, which is a key argument that regime loyalists make in their support of Bashar al-Assad's government," Heras said.
The occupation of Donetsk and Luhansk Oblasts occurred in two stages. The south of Luhansk Oblast and the southeast of Donetsk Oblast were occupied by Russian-backed separatists from 2014 to 2022. Later, in 2022, the north of Luhansk Oblast (i.e. almost the entire oblast) and the southwest of Donetsk Oblast (e.g. Mariupol) came under Russian occupation. Parts of the northeast of Donetsk Oblast were also occupied, but areas such as Lyman have been retaken by Ukraine as of October ۲۰۲۲.
Russia's occupation of Kherson Oblast (nearly the entire oblast) and Zaporizhzhia Oblast (only the southern portion) began in 2022. On the other hand, Donetsk and Luhansk Oblasts were initially partially occupied by Russian-backed separatists back in 2014. In 2022, larger areas of Donetsk and Luhansk Oblasts came under Russian occupation, and the Russian-backed separatists handed over absolute control to Russia, effectively designating the entire area as Russian-occupied (as opposed to separatists-occupied). In Zaporizhzhia Oblast, Russia lacks control of the capital city, Zaporizhzhia, but controls the second-biggest city, Melitopol, which is acting as the de facto capital. Parts of the northwest of Kherson Oblast have been retaken by Ukraine as of October ۲۰۲۲.
As of November 2022, Russia does not control significant portions of Kherson Oblast, Zaporizhzhia Oblast, and Donetsk Oblast. In particular, Russia does not control the capital cities of Kherson and Zaporizhzhia Oblasts, namely Kherson and Zaporizhzhia, respectively. Russia formerly controlled Kherson for over eight months throughout 2022 after capturing it in the Battle of Kherson, although the city was eventually liberated by Ukraine following the successful 2022 Ukrainian southern counteroffensive on 10–11 November 2022. Russia never managed to occupy the city of Zaporizhzhia at any point. Meanwhile, Russia has never managed to occupy a significant portion of Donetsk Oblast in the northwest, although Russia does control the capital city, Donetsk. As for Luhansk Oblast, Russia controls nearly the entire oblast as of November 2022.
Russia occupied territory in the southeast of Mykolaiv Oblast during the 2022 invasion. After failing to occupy the capital city, Mykolaiv, Russian forces withdrew to the extreme southeast, near the border with Kherson Oblast. On 30 September 2022, when Russia annexed Kherson Oblast, Russia also streamlined two small parts of Mykolaiv Oblast into Kherson Oblast, namely the city of Snihurivka and its surroundings,[6] as well as the outer portion of the Kinburn Peninsula. As of 10 November 2022, the city of Snihurivka[7][8] and its surroundings[9][10] have been completely liberated following the successful 2022 Ukrainian southern counteroffensive, although the outer Kinburn Peninsula is still under Russian occupation.[11]
Seized in the August 2024 Kursk Oblast incursion; as of August 2024 Ukraine claims occupation encompasses 82 settlements near Russian-Ukrainian border, the largest being Sudzha.
The West Bank was seized during the Six-Day War from Jordan, and is administered by the Israeli Civil Administration. The Oslo II Accord, officially signed on 28 September 1995, divided the West Bank into the Area C administered by Israel and the Area A and B administered by the Palestinian National Authority.
The Gaza Strip was seized during the Six-Day War from Egypt. In 2005, Israel disengaged its military forces from the strip and no longer considers itself to be occupying the territory. Gaza's border crossings with Israel and maritime and air space are controlled by Israel. As of 2012, the United Nations "continue to refer to the Gaza Strip as part of the Occupied Palestinian Territory until such time as either the General Assembly or the Security Council take a different view."[24]
Still considered occupied despite the 2005 Israeli disengagement from Gaza.[25] The system of control imposed by Israel has been described as an "indirect occupation".[26] Some other legal scholars have disputed the idea that Israel still occupies Gaza.[نیازمند منبع]
Seized during the Six-Day War; effectively annexed in 1981 via the Golan Heights Law. Lebanon also claims the Shebaa farms and sees the territory as being under Israeli occupation.
Seized during the Western Sahara War; de facto annexed; administered as the Southern Provinces; claimed by the Sahrawi Arab Democratic Republic, a state with limited international recognition.
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مولدووا
روسیه
ترانس‌نیستریا
گرجستان
آبخاز
اوستیای جنوبی
اوکراین[persian-alpha 3]
استان کورسک تحت اشغال اوکراین
فلسطین (از زمان بیانیه استقلال فلسطین در ۱۹۸۸)[persian-alpha 14]
اسرائیل
سوریه
ایالات متحده آمریکا
ترکیه
دولت موقت سوریه
قبرس
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جمهوری آذربایجان
ارمنستان
جمهوری دموکراتیک عربی صحرا (اعلام‌شده در ۱۹۷۶)
مراکش
