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This article is about territorial occupation. For for military ranks and careers, see soldier. A soldier is a general English term that refers to a member of a land component of National Armed forces.
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Belligerent military occupation occurs when the control and authority over a territory passes to a hostile army. War is an international relations Dispute, characterized by organized Violence between National Military units Military history is a Humanities discipline within the scope of general historical recording of armed conflict in the history of humanity Prehistoric warfare is War conducted in the era before Writing, and before the establishments of large social entities like States Historical warfare sets Ancient warfare is War as conducted from the beginnings of recorded History to the end of the ancient period Medieval Warfare is the warfare of the Middle Ages. In Europe technological cultural and social developments had forced a dramatic transformation in the character Early Modern warfare is associated with the start of the widespread use of Gunpowder and the development of suitable weapons to use the explosive Industrial warfare is a period in the History of warfare ranging roughly from the start of the Industrial Revolution to the beginning of the Information Age Modern warfare, although present in every Historical period of Military history, is generally used to refer to the concepts, methods and Battlespace is a unified strategy to integrate and combine Armed forces for the Military theatre of operations, including air, information Air power redirects here for electrical and mechanical energy supplied by air movement see Wind power Information warfare is the use and management of information in pursuit of a competitive advantage over an opponent Land warfare, sometimes also called ground combat is the term used to describe military operations eventuating in Combat that take place predominantly on the land surface of Naval warfare is Combat in and on Seas Oceans or any other major bodies of water such as large Lakes and wide Rivers History Space warfare is combat that takes place in Outer space, ie outside the Atmosphere. A weapon is a Tool used either in Hunting, or attack or defence in Combat for the purpose of subduing enemy personnel or to destroy enemy weapons Armoured warfare or tank warfare is the use of Armoured fighting vehicles in Modern warfare. Artillery (from French artillerie) is a military Combat Arm which employs any apparātus machine Biological warfare (BW — known as a germ warfare, biological weapons and bioweaponry — is the use of any Pathogen ( Bacterium The Cavalry (from French cavalerie) is the second oldest of the Combat Arms, and as Soldiers or Warriors who fought mounted on Chemical warfare involves using the toxic properties of Chemical substances to kill injure or incapacitate an enemy. Electronic warfare ( EW) is the use of the Electromagnetic spectrum to effectively deny the use of this medium by an adversary while optimizing its use by friendly The Infantry is the oldest and most numerous of the Combat Arms in the Armed forces, and consists A nuclear weapon is an explosive device that derives its destructive force from Nuclear reactions either fission or a combination of fission and fusion. The US Department of Defense defines psychological warfare ( PSYWAR) as" The planned use of Propaganda and other Psychological actions Military tactics ( Greek: Taktikē, the art of organizing an army are the techniques for using weapons or military units in combination for engaging and defeating This article is about the military strategy For the Israeli-Egyptian conflict see War of Attrition, for the game theoretical model see War of attrition (game Guerrilla warfare is the unconventional warfare and combat with which a small group of combatants use mobile tactics (ambushes raids etc Maneuver warfare, also spelled manoeuvre warfare, is the term used by military theorists for a concept of Warfare that advocates attempting to Total war is a conflict of unlimited scope in which a Belligerent engages in a total mobilization of all available resources at his disposal Trench warfare is a form of warfare where both combatants have fortified positions and fighting lines are static Military strategy is a National defence policy implemented by Military organisations to pursue desired strategic goals Derived from the Greek Economic warfare is the term for economic policies followed as a part of Military operations during Wartime The purpose of economic warfare is to capture Grand strategy is military Strategy at the level of movement and use of an entire Nation state or Empire 's resources A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy Military rank is a system of hierarchical relationships in Armed forces or civil institutions organized along military lines A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy Military Logistics is the art and science of planning and carrying out the movement and maintenance of military forces This article lists military technology items devices and methods Materiel (from the French "matériel" for equipment or hardware related to the word Material) is a term used in English to refer to the Military supply chain management is a cross-functional approach to procuring, producing and delivering products and services The broad This is an index to articles listing Battles. List of battles (alphabetical gives a global list See also Military History Antiquity Albania Agron ( 250 BC - 230 BC) The first king to unite the Illyrian This is a list of missions operations and projects Missions in support of other missions are not listed independently A Siege is a prolonged Military Assault and Blockade on a City or Fortress with the intent of conquering by force or Attrition See also List of military writers. Friedrich von Bernhardi Ivan Bloch John Boyd, inventor of the OODA Loop This is a listing of lists of Wars, sorted by country date region and type of conflict This article lists and summarizes War crimes committed since the Hague Convention of 1907. There is a bewildering array of Weapons far more than would be useful in list form This is a list of military writers, alphabetical by last name A belligerent is an individual group country or other entity which acts in a hostile manner such as engaging in Combat.

Contents

Military occupation and the laws of war

There have long been customary laws of belligerent occupation as part of the laws of war which gave some protection to the population under the military occupation of a belligerent power. The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war These were clarified and supplemented by the Hague Conventions of 1907. The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and Specifically "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State. "[1] The first two articles of that section state:

Art. 42.
Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
Art. 43.
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

In 1949 these laws governing belligerent occupation of an enemy state's territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). The Fourth Geneva Convention (or GCIV) relates to the protection of Civilians during times of War " in the hands " of an enemy and under Much of GCIV is relevant to protected persons in occupied territories and Section III: Occupied territories is a specific section covering the issue.

Article 6 restricts the length of time that most of GCIV applies:

The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.

GCIV emphasised an important change in international law. The United Nations Charter (June 26, 1945) had prohibited war of aggression (See articles 1. The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations. Events 363 - Roman Emperor Julian is killed during the retreat from the Sassanid Empire. Year 1945 ( MCMXLV) was a Common year starting on Monday (link will display the full calendar 1, 2. 3, 2. 4) and GCIV Article 47, the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war by stating:

Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.

Article 49 prohibits the forced mass movement of people out of or into occupied state's territory:

Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. . . . The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.

Protocol I (1977): "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" has additional articles which cover military occupation but many countries including the U.S. are not signatory to this additional protocol. Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts ( Protocol 1) Introduction The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian The United States of America —commonly referred to as the

In the situation of a territorial cession as the result of war, the specification of a "receiving country" in the peace treaty merely means that the country in question is authorized by the international community to establish civil government in the territory. The military government of the principal occupying power will continue past the point in time when the peace treaty comes into force, until it is legally supplanted.

"Military government continues until legally supplanted" is the rule, as stated in Military Government and Martial Law, by William E. Birkhimer, 3rd edition 1914.

Examples of military occupations

Main article: List of military occupations

In most wars some territory is placed under the authority of the hostile army. In most Wars some territory is placed under the Martial law of a hostile army Most military occupations end with the cessation of hostilities. In some cases the occupied territory is returned and in others the land remains under the control of the occupying power but usually not as militarily occupied territory.

Disputed occupations

The following presences are often referred to as military occupations, but this status is disputed by a party to the situation.

Disputed to be a military occupation by local population

Disputed to be a military occupation by the nation of military dominance in an area

Other

See also

Further reading

Footnotes

  1. ^ Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State source The Avalon Project at the Yale Law School
  2. ^ Mr David Atkinson, United Kingdom, European Democrat Group, (Rapporteur) The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference, Parliamentary Assembly of the Council of Europe, 29 November 2004
  3. ^ Grunfeld, A. Occupied territories is a Term of art in International law. In accordance with Article 42 of the Laws and Customs of War on Land (Fourth Hague Convention October Military government can refer to conditions under either Military occupation, or Military dictatorship Military German–occupied Europe refers to the countries of Europe which were occupied by the Military forces of Nazi Germany at various times during The Allied powers who defeated Nazi Germany in World War II divided the country west of the Oder-Neisse line into four occupation zones for administrative At the end of World War II, Japan was occupied by the Allied Powers, led by the United States with contributions also from Australia, British The Avalon Project is the name of Yale Law School 's Digital library of Documents relating to Law History and Diplomacy Yale Law School, or YLS, is the Law school of Yale University in New Haven Connecticut. David Atkinson (born 24 March 1940 was Conservative British Member of Parliament for Bournemouth East from a 1977 by-election until he stepped The Parliamentary Assembly of the Council of Europe (PACE which held its first session in Strasbourg on 10 August 1949, can be considered the Events 1777 - San Jose California, is founded as el Pueblo de San José de Guadalupe Tom, "Reassess Tibet Policy", 2000
  4. ^ By the Simla Convention (1914) and its appendix Tibet identified itself as "under the suzerainty of China. . . . . [forming] part of Chinese territory"[Article 2, Note 2]. Full text
  5. ^ Goldstein, Melvyn, "A History of Modern Tibet", pp239-241
  6. ^ India Office Records, IOR/L/PS/12/4175
  7. ^ Gyatso, Tenzin, Dalai Lama XIV, interview, 25 July 1981.
  8. ^ Goldstein, pp812-813
  9. ^ "Israel: 'Disengagement' Will Not End Gaza Occupation" Human Rights Watch. October 29, 2004
  10. ^ "Human Rights Council Special Session on the Occupied Palestinian Territories" July 6, 2006"
  11. ^ Israel considers the West Bank and Gaza Strip to be disputed rather than occupied territories. For a topic outline on this subject see List of basic Israel topics. Occupied territories is a Term of art in International law. In accordance with Article 42 of the Laws and Customs of War on Land (Fourth Hague Convention October This opinion is based on the claim that a territory can be occupied only if prior to the entry of military forces that territory was part of a sovereign state. Because the West Bank and Gaza Strip were not recognised internationally as being an integral part of a sovereign state prior to the entry of Israeli military forces into them in June 1967, these territories logically cannot be regarded as occupied.

Original content adapted from the Wikinfo article, "wikinfo:Belligerent occupation"

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