Military Occupation

(redirected from Belligerent military occupation)
Also found in: Dictionary.

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Throughoutfifty one years of belligerent military occupation, Israel, the occupyingPower, has systematically shown abject disregard for the human rights of thePalestinian people by methodically defying UN resolutions, as well as failingto implement recommendations by treaty bodies and denying access and assistanceto UN missions and special procedures, Malki stated.
Erekat noted that the Israeli statements are in advance of the 49 th anniversary of Israel's belligerent military occupation of Palestine and stressed that the need to finally put an end to the occupation is critical, and must come with the final the embodiment of the state of Palestine on the 1967 borders, with Jerusalem as its capital.
"Israel's belligerent military occupation in Palestine, has shown through the years, a total disregard for the lives and rights of our people, including children.
"Faisal, who embodied the principles and values of exceptional courage, resilience, dedication, and selflessness, boldly stood up to Israel's belligerent military occupation and all of its dehumanizing manifestations.
This is a blanket decision that has no logic, a violation of international law regarding the rights of a population under a belligerent military occupation. It is also a clear violation of one of the main clauses in the 1993 memorandum of understanding between Israel and the PLO, often called Oslo Accords, whereby Israel committed (as per Article IX) to allow safe passage for people and vehicles between the two Palestinian areas.
However, it said, "it is important to mention that Palestinians living under a belligerent military occupation are, under the international humanitarian law, a 'protected population', which obligates the occupying power to protect the occupied population.
ae1/4oeThis historic compromise is an evidence of our commitment to achieving a genuine and lasting peace with Israel on the basis of ending its belligerent military occupation to establish our independent, sovereign and contiguous state on the internationally-recognized 1967 borders with East Jerusalem as its capital,ae1/4Ci he said.
The international community has an obligation to hold Israel accountable by taking definitive actions to end Israel's 50-year belligerent military occupation of Palestine.
Erekat noted that the Israeli statements are in advance of the 49th anniversary of Israel's belligerent military occupation of Palestine and stressed that the need to finally put an end to the occupation is critical, and must come with the final the embodiment of the state of Palestine on the 1967 borders, with Jerusalem as its capital.