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 ?
It is understood he was protesting against the military occupation of Iraq.
They understand that in the short run, the military occupation might solve some problems, but in the long term it will increase problems for Haiti.
In short, the approach of the international community is one of creating a dynamic whereby Palestinians co-exist, not with their Israeli neighbors, but rather with the system of Israeli military occupation, or put simply, sugar coating the status quo which benefits Israel.
FORMER boxer Chris Eubank was arrested yesterday during a one- man protest against the military occupation of Iraq.
The 1878 act, which ended the military occupation of the Southern states after the Civil War, prohibits the use of the military "as a posse comitatus or otherwise to execute the laws.
Unsurprisingly, Haiti's military rulers said No, and added that they would resist any military occupation force.
The narrative is always much closer to that of Israeli official and media discourses than that of Palestinians' - despite the decades-long military occupation, successive wars, and countless massacres.
Palestinian citizens of Israel) and criticizes the military occupation of Gaza and the West Bank.
After arriving for the first time in his truck, which bore the slogan ``Tony Blair military occupation causes terrorism'', a policeman told him: ``I am issuing you with a ticket and asking you to produce your licence and papers within seven days.
Third, it illustrates the hypocrisy of claims that the ICC is designed to end a "culture of impunity," since UN-approved military occupation forces will be exempt from the version of "international law" they will be used to enforce.
Indeed, the Clinton Administration is the first in the United States to imply that the West Bank and Gaza are "disputed" territories, hinting that the Israelis and Palestinians have equal claim to the land, rather than recognizing it - as the international community does - as territory under foreign military occupation.
Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied.

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