Military Occupation

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Military Occupation

Military occupation occurs when a belligerent state invades the territory of another state with the intention of holding the territory at least temporarily. While hostilities continue, the occupying state is prohibited by International Law from annexing the territory or creating another state out of it, but the occupying state may establish some form of military administration over the territory and the population. Under the Martial Law imposed by this regime, residents are required to obey the occupying authorities and may be punished for not doing so. Civilians may also be compelled to perform a variety of nonmilitary tasks for the occupying authorities, such as the repair of roads and buildings, provided such work does not contribute directly to the enemy war effort.

Although the power of the occupying army is broad, the military authorities are obligated under international law to maintain public order, respect private property, and honor individual liberties. Civilians may not be deported to the occupant's territory to perform forced labor nor impressed into military service on behalf of the occupying army. Although measures may be imposed to protect and maintain the occupying forces, existing laws and administrative rules are not to be changed. Regulations of the Hague Conventions of 1907 and, more importantly, the 1949 geneva convention for the Protection of Civilian Persons in Time of War have attempted to codify and expand the protection afforded the local population during periods of military occupation.

Cross-references

War.

References in periodicals archive ?
The essence of their conclusion is twofold: first, from an international legal perspective, there is no belligerent occupation of the West Bank.
framework maxim of the belligerent occupation laws, which sets a general framework for the manner by which the military commander exercises its duties and powers in the occupied territory.
When states engage in internal armed conflict and belligerent occupation, their assertion of public powers of governance over an affected population entails a concomitant fiduciary obligation to satisfy the strict proportionality standard of international human rights law.
The relationship going forward would be governed by international law, the law applicable to all states, rather than by some uncertain mix of the law of belligerent occupation, coupled with endlessly complex elements of Israeli, Jordanian, Egyptian and Ottoman law.
The Palmer report ignores the basic fact that Gaza is under belligerent occupation.
Fourth Geneva Convention governing belligerent occupation," Falk said
91) In fact, as one author notes, with the exception of the law of combatant status and belligerent occupation, the regulation of these two types of armed conflicts has become functionally analogous.
The American and EU impatience to amputate a portion of a UN member state (universally recognized, even by them, to constitute a portion of that stateAAEs sovereign territory), ostensibly because 90% of those living in that portion of the stateAAEs territory supported separation, contrasts starkly with the unlimited patience of the US and the EU when it comes to ending the 43-year-long belligerent occupation of the West Bank and the Gaza Strip.
The main criterion of application of the international law on belligerent occupation (that of 'actual control' of a territory by the occupant State, found in Article 42, Hague Regulations of 1907) is the subject of comprehensive developments, related--among others--to the issue of the applicability of the fourth Geneva Convention of 1949 (GC IV) to the occupied Palestinian territories (OPT).
4) These articles form a key part of the corpus of law known as the "law of belligerent occupation.
The Israeli Court began by recognizing that Israel holds the West Bank in a state of belligerent occupation, and stating that the law of belligerent occupation applies to consideration of the barrier.