Military Occupation

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Related to Occupying power: Belligerent occupation, Territorial occupation

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 ?
NAM is deeply concerned that Israel, the occupying power, refused again to cooperate with the Special Committee, preventing the Special Committee from holding consultations with the relevant Israeli authorities or to gain access to the occupied territories to meet with victims within its mandate.
As the occupying power in the West Bank, Israel is obligated to maintain public order and ensure the safety of the Palestinians in the West Bank, who are classified a protected population in international law, says BTselem.
The Executive Committee also announced its full support for the Palestinian strategy announced by President Mahmoud Abbas in front of the 70 United Nations General Assembly which was hold on 30/9/2015, including the implementation of the decisions of the Palestinian Central Council, to define security relations, political and economic relations with the occupying power (Israel), as a result of the constant evading of its obligations in singed agreements.
Momani, who is also official government spokesman, renewed Jordan's strong condemnation of Israeli forces' raids into the mosque plaza, where they hemmed in worshipers, and voiced the Kingdom's rejection of measures by the occupying power aimed at changing the status quo in breach of international humanitarian law.
International humanitarian law does not grant a people living under temporary military occupation the right to vote for the institutions of the occupying power.
Ch Parvez Elahi in his address said family of Hamza Nasir Iqbal has deep relationship with our family, these would be further strengthened and carried forward, wrong decisions were taken in 2013 election as a result of which the country was plunged into darkness, the entire country was paying the price for this election till now, N-League was occupying power for the last 20 years, it does not see any problem of the poor people other than construction of under-passes and jangla bus, the country is suffering from terrorism and the rulers are busy undertaking foreign tours.
It also called upon Israel, the occupying Power, to bring a halt to all actions, including those perpetrated by Israeli settlers, harming the environment, including the dumping of all kinds of waste materials, in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely water and land resources, and which pose an environmental, sanitation and health threat to the civilian populations.
Summary: The international community delivered a stinging rebuke to Israel's settlement construction in the occupied West Bank and East Jerusalem, saying Wednesday the practice violates its responsibilities as an occupying power.
According to the 1998 Rome Statute of the International Criminal Court (Article 8 (2) (b) (viii)), "the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" is a war crime, the press release adds.
Mansour said "we are doing what we are doing legally, politically and diplomatically to defend ourselves from this aggression imposed on us by Israel the occupying power.
OIC, in a statement issued on the occasion of the 44th anniversary of the burning of Al-Aqsa Mosque by Zionist groups, called on the international community to work to compel Israel, as the occupying power, to abide by the international law and to stop the aggressions and violations in the occupied city of Jerusalem, and to respect holy places.
As the ongoing occupying power in Iraq, the United States has the power to direct all activities of the Iraq government, including its participation in OPEC.