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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.

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