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.



References in periodicals archive ?
certain measures taken during belligerent occupation in similar terms.
From these general principles, it follows that states engaged in internal armed conflict and belligerent occupation must comply with HRL's strict proportionality requirements during counterinsurgency, irrespective of the nature of the threat to national security or the operational character of the state's response.
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 position of the international community regarding Jerusalem, which the 1947 UN partition plan envisioned as an internationally administered city legally separate from the two contemplated states, is clear and categorical: Israel is in belligerent occupation of East Jerusalem and has only de facto authority over West Jerusalem.
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.
There were simply insufficient troops to carry the responsibilities of an occupying power in a belligerent occupation.
But he added: "There were simply insufficient troops to carry the responsibilities of an occupying power in a belligerent occupation.
A period of belligerent occupation followed the conclusion of major combat operations.
The law of belligerent occupation has similarly recognized the right of occupying powers to alter domestic laws, although in more defined circumstances.