ოკუპირებულ ტერიტორიებზე არსებული უფლების დაცვის საშუალებების იურიდიული ძალა: საერთაშორისო სასამართლოების პრეცენდენტული სამართლის კრიტიკული ანალიზი

Abstract

The main concern of the research is the legal validity of Human rights protection remedies available in the occupied territories in case of intermediary occupation, i.e. Via de facto local authorities. The research questions will be reviewed from the perspective of international human rights law and international public law. In this regard, attention will be focused on the one hand, the issue of extra-territorial jurisdiction of international human rights treaties, and the other hand, on the scope and legal nature of the "obligation of non-recognition" in international public law. For research purposes, obligations derived by occupation law will be discussed only in an indirect manner.

Considering the aforementioned principles, the following issues are examined in the article:
Whether legal bodies created in the occupied territories in case of intermediary occupation, activities of these bodies, or legal acts adopted by them should be considered legal. On the other hand, the issue of Human right protection of the inhabitants of the occupied territory is compared with the abovementioned matter and the necessity of taking advantage of these legal mechanisms are also analyzed.

In line with other legal sources, the research is based on the relevant case law established by The European Court of Human Rights; The International Court of Justice, and The Court of Justice of the European Union. To a certain extent, critics of those case laws are also reviewed.