1. Introduction

1.1. Objectives and use of the Paper

This article discusses the international legal aspects of the establishment and continuation of the occupation as well as de-occupation. It examines specific notions and norms of the law of occupation and its application in practice. This discussion is centered around the legal status of Georgia's occupied regions and the determination of international legal regime applicable thereto.

The aim of the article is to comprehensively analyze the legal elements of belligerent occupation and apply them to the territories of Abkhazia and the Tskhinvali Region/South Ossetia. The research is significant as it reviews, explains, and clarifies specific legal aspects related to the occupation of a territory, which may be useful for various stakeholders, including state institutions, international organizations, civil society organizations working on conflict issues, experts, academic circles, as well as individuals residing in the Occupied Territories and those forcibly displaced from these areas.

When using this article, it is important to note that, in some instances, the research describes which legal regimes might apply to specific situations of occupation. However, these may not always be relevant to Georgia's occupied territories, as factual circumstances may not allow for the application of certain concepts of the legal framework concerning occupation in the Georgian context.

1.2. Research Methodology

The scope of the research is limited to an overview of international humanitarian law (specifically, its subfield - the international law of belligerent occupation) and does not cover international law on the use of force. Accordingly, the paper does not consider the legality of the initiation of armed conflict or the legality of the occupation itself. This article is based on the premise that occupation of a territory is a factual circumstance that, upon confirmation, sets a specific international legal regime in motion. Accordingly, in selecting the research methodology, the content of the article was limited to the analysis of specific norms of the law of occupation and their application in the context of occupied territories of Georgia.

In preparing this article, the research incorporated both academic sources and various decisions of international and national courts and tribunals, international agreements, acts of international organizations, national legislation of Georgia and other States, as well as non-legal declarations of various official bodies.

The methodology of the article is exclusively focused on conducting legal research. Consequently, the paper does not address the social, economic, political, or other dimensions of armed conflict.

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