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military occupation
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{{short description|Effective provisional control of one sovereign power over another sovereign’s territory}}{{About|territorial occupation|the ranks and positions|Military rank}}{{Redirect|Occupied territories|a list of occupied territories|List of military occupations}}{{Redirect|Occupied zone|the Occupied Zone in France during World War II|Zone occupée}}{{History of war}}File:UStanks baghdad 2003.JPEG|thumb|right|200px|American tanks at the Victory Arch in the city of Baghdad during the occupation of Iraq, 2003]]File:5th_Gurkha_Rifles,_Japan_1946.jpg|thumb|right|200px|Indian troops of the 5th Royal Gurkha Rifles in the city of Kure during the Allied occupation of Japan, 1946]]Military occupation, also called belligerent occupation or simply occupation, is the temporary control exerted by a ruling power’s military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power’s own sovereign territory.BOOK, Bracka, J., Transitional Justice for Israel/Palestine: Truth-Telling and Empathy in Ongoing Conflict, Springer International Publishing AG, Springer series in transitional justice, 2021, 978-3-030-89435-1,books.google.com/books?id=yWVXEAAAQBAJ&pg=PA51, Today, the widely accepted definition of occupation is ‘the effective control of a power (be it one or more states or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the volition of the sovereign of that territory’, JOURNAL, Roberts, Adam, Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967, American Journal of International Law, Cambridge University Press (CUP), 84, 1, 1990, 0002-9300, 10.2307/2203016, 44â103, 2203016, 145514740, Eyal Benvenisti. The international law of occupation. Princeton University Press, 2004. {{ISBN|978-0-691-12130-7}}, p. 43 The controlled territory is then known as the occupied territory, with the ruling power being the occupant.WEB,www.elac.ox.ac.uk/downloads/ELAC%20Feb%202012%20Cecile%20Fabre%20Belligerent%20Occupation%20Handout.pdf, Living with the enemy: the ethics of belligerent occupation, Cécile, Fabre, 2018-11-30,www.elac.ox.ac.uk/downloads/ELAC%20Feb%202012%20Cecile%20Fabre%20Belligerent%20Occupation%20Handout.pdf," title="web.archive.org/web/20181130202209www.elac.ox.ac.uk/downloads/ELAC%20Feb%202012%20Cecile%20Fabre%20Belligerent%20Occupation%20Handout.pdf,">web.archive.org/web/20181130202209www.elac.ox.ac.uk/downloads/ELAC%20Feb%202012%20Cecile%20Fabre%20Belligerent%20Occupation%20Handout.pdf, 2018-11-30, dead, Occupation is distinguished from annexation and colonialism on the basis that it is a power structure that the ruling power intends to keep in place only temporarily.JOURNAL, Edelstein, David M., 2004, Occupational Hazards: Why Military Occupations Succeed or Fail,www.jstor.org/stable/4137547, International Security, 29, 1, 49â91, 10.1162/0162288041762913, 4137547, 57571525, 0162-2889, BOOK, The Politics of Military Occupation, Peter, Stirk,books.google.com/books?id=4951aoUL5nEC&pg=PA44, The significance of the temporary nature of military occupation is that it brings about no change of allegiance. Military government remains an alien government whether of short or long duration, though prolonged occupation may encourage the occupying power to change military occupation into something else, namely annexation, 44, Edinburgh University Press, 2009, 9780748636716, In many cases, the occupant may establish a military government to facilitate the administration of the occupied territory, though this is not a necessary precondition for occupation to take place.JOURNAL, Adam, Roberts, What is a Military Occupation?, 1985, British Yearbook of International Law, 55, 249â305, 10.1093/bybil/55.1.249, The rules of occupation are delineated in various international agreementsâprimarily the Hague Convention of 1907, the Geneva Conventions, and also by long-established state practice. The relevant international conventions, the International Committee of the Red Cross, and various treaties by military scholars provide guidelines on topics concerning the rights and duties of the occupying power, the protection of civilians, the treatment of prisoners of war, the coordination of relief efforts, the issuance of travel documents, the property rights of the populace, the handling of cultural and art objects, the management of refugees, and other concerns that are highest in importance both before and after the cessation of hostilities during an armed conflict. A country that engages in a military occupation and violates internationally agreed-upon norms runs the risk of censure, criticism, or condemnation. In the contemporary era, the practices of occupations have largely become a part of customary international law, and form a part of the law of war.Since World War II and the establishment of the United Nations, it has been common practice in international law for occupied territory to continue to be widely recognized as occupied in cases where the occupant attempts to alterâwith or without support or recognition from other powersâthe expected temporary duration of the territory’s established power structure, namely by making it permanent through annexation (formal or otherwise) and refusing to recognize itself as an occupant. Additionally, the question of whether a territory is occupied or not becomes especially controversial if two or more powers disagree with each other on that territory’s status; such disputes often serve as the basis for armed conflicts in and of themselves.- the content below is remote from Wikipedia
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Occupation and the laws of war
A dominant principle that guided combatants through much of history was “to the victory belong the spoils”.JOURNAL, Property and the Law of Belligerent Occupation: A Reexamination, Babaloba, Cole, World Affairs, 137, 1, 66â85, 1974, 20671544, Emer de Vattel, in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their “continued existence”. According to Eyal Benvenisti’s The International Law of Occupation, Second Edition (2012), “The foundation upon which the entire [modern] law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, [and from this principle] springs the basic structural constraints that international law imposes upon the occupant.“BOOK, Benvenisti, Eyal, 2012, The International Law of Occupation, Second Edition,books.google.com/books?id=f19hVb54_s8C, Great Clarendon Street, Oxford OX2 6DP, United Kingdom, Oxford University Press, 6, 978-0-19-958889-3, The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself a valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. From the principle of inalienable sovereignty over a territory springs the basic structural constraints that international law imposes upon the occupant. The occupying power is thus precluded from annexing the occupied territory or otherwise unilaterally changing its political status; instead, it is bound to respect and maintain the political and other institutions that exist in that territory for the duration of the occupation. The law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect the life and property of the inhabitants and to respect the sovereign interests of the ousted government., The Hague Convention of 1907 codified these customary laws, specifically within “Laws and Customs of War on Land” (Hague IV); October 18, 1907: “Section III Military Authority over the territory of the hostile State”.WEB, The Avalon Project â Laws of War : Laws and Customs of War on Land (Hague IV); October 18, 1907,avalon.law.yale.edu/20th_century/hague04.asp, 2022-06-30, avalon.law.yale.edu, 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 the occupation of an enemy state’s territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). Much of GCIV is relevant to protected civilians in occupied territories and (Wikisource:Fourth Geneva Convention#Section III: Occupied territories|Section III: Occupied territories) is a specific section covering the issue. Under GCIV, protected civilians in general are:WEB,casebook.icrc.org/a_to_z/glossary/protected-persons, Protected persons, International Committee of the Red Cross,- those “who ... find themselves ... in the hands of a Party to the conflict or Occupying Power of which they are not nationals”.(Wikisource:Fourth Geneva ConventionArticle 4|Article 4, GCIV) This generally refers to civilians of an enemy state, including refugees, and stateless persons.
- neutral citizens in occupied territory regardless of diplomatic status
- refugees of the occupying power prior to hostilities who cannot be arrested, prosecuted, or deported from occupied territory except for crimes committed after the conflict or beforehand which are also crimes under the law of the occupied state that would permit peacetime extradition as defined under (Wikisource:Fourth Geneva ConventionArticle 70|Article 70)WEB,ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-70/commentary/1958?activeTab=default, Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.: Commentary of 1958: Article 70 - Penal legislation. VII. Offences committed before occupation, International Committee of the Red Cross,
Qualification of a territory as occupied
File:Prussian Troops Parade Down the Champs Ãlysée in Paris (1 March 1871).jpg|thumb|German troops at the Champs-Ãlysées in the city of Paris during the Prussian occupation of France, 1871]]Article 42 under Section III of the 1907 Fourth Hague Convention specifies that a “[t]erritory is considered occupied when it is actually placed under the authority of the hostile army.” This definition does not rely on a subjective perception, but rather on the “territory’s de facto submission to the authority” of the occupant.NEWS, Determining the beginning and end of an occupation under international humanitarian law, Tristan, Ferraro, Article 2 of the Geneva Conventions indicates that the definition applies to “all cases of partial or total occupation of the territory of a High Contracting party”, even if no armed resistance is encountered.(Wikisource:Fourth Geneva Convention#Article 2|Article 2, GCIV) The form of administration by which an occupying power exercises government authority over occupied territory is called military government.There does not have to be a formal announcement of the beginning of a military government, nor is there any requirement of a specific number of people to be in place, for an occupation to commence. Birkhimer writes:No proclamation of part of the victorious commander is necessary to the lawful inauguration and enforcement of military government. That government results from the fact that the former sovereignty is ousted, and the opposing army now has control. Yet the issuing such proclamation is useful as publishing to all living in the district occupied those rules of conduct which will govern the conqueror in the exercise of his authority. Wellington, indeed, as previously mentioned, said that the commander is bound to lay down distinctly the rules according to which his will is to be carried out. But the laws of war do not imperatively require this, and in very many instances it is not done. When it is not, the mere fact that the country is militarily occupied by the enemy is deemed sufficient notification to all concerned that the regular has been supplanted by a military government. (p. 61)Concept of effective control
The survey of the case-law regarding Article 42{{refn|group=nb|According to article 42 of the 1907 Fourth Hague Convention, “[t]erritory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself.“}} of the 1907 Fourth Hague Convention reveals that the duration of effective control by the occupying power and its encounter with insurgents, terrorists or guerrillas that are able to exercise control over certain areas of the country are immaterial to the applicability of the law of occupation and do not alter the legal status of the occupied territory.BOOK, Yutuka Arai, The Law of Occupation Continuity and Change of International Humanitarian Law, and its Interaction with International Human Rights Law,books.google.com/books?id=nfJ5DwAAQBAJ&pg=PA7, 2009, BRILL, 978-90-04-18062-8, 6â8, For example, in 1948 the U.S. Military Tribunal in Nuremberg held that: {{blockquote|In belligerent occupation the occupying power does not hold enemy territory by virtue of any legal right. On the contrary, it merely exercises a precarious and temporary actual control.}}End of occupation and authority shift
According to Eyal Benvenisti, occupation can end in a number of ways, such as: “loss of effective control, namely when the occupant is no longer capable of exercising its authority; through the genuine consent of the sovereign (the ousted government or an indigenous one) by the signing of a peace agreement; or by transferring authority to an indigenous government endorsed by the occupied population through referendum and which has received international recognition”.BOOK, Eyal Benvenisti, The International Law of Occupation,books.google.com/books?id=f19hVb54_s8C, 23 February 2012, OUP Oxford, 978-0-19-163957-9, 56, The conditions that define when occupation begins also identify when it ends. Obviously, occupation can end in a number of ways: with the loss of effective control, namely when the occupant is no longer capable of exercising its authority; through the genuine consent of the sovereign (the ousted government or an indigenous one) by the signing of a peace agreement; or by transferring authority to an indigenous government endorsed by the occupied population through referendum and which has received international recognition., File:Cedar_Revolution_Demonstrators.jpg|thumb|right|200px|Lebanese protesters of the Cedar Revolution during the Syrian occupation of LebanonSyrian occupation of LebanonExamples of occupations
File:SBZ 1948 201A Berliner Bär.jpg|thumb|upright|German postage stamp inscribed with “Soviet Occupation Zone” in the city of BerlinBerlinSome examples of military occupation came into existence as an outcome of World War I and World War II:- Occupied Enemy Territory Administration (OETA), encompassing much of the Middle East during 1917â1920 â separated to French (OETA North) and British (OETA South) domains;
- Allied-occupied Germany (1945â49) in the aftermath of World War II
- Egyptian occupation of Gaza, 1949/59â1967{{cn|date=October 2023}}
- Indian occupation of Goa, followed by its annexation (1961)BOOK, Couto, Francisco Cabral, Remembering the Fall of Portuguese India in 1961, 2006, Tribuna da Historia, 972-8799-53-5,
- Indonesian occupation of the West New Guinea, followed by its annexation (1963)WEB,papuaweb.org/dlib/s123/saltford/phd.pdf, UNTEA and UNRWI: United Nations Involvement in West New Guinea During the 1960’s, 2021-02-11, 2018-02-05,papuaweb.org/dlib/s123/saltford/phd.pdf," title="web.archive.org/web/20180205095827papuaweb.org/dlib/s123/saltford/phd.pdf,">web.archive.org/web/20180205095827papuaweb.org/dlib/s123/saltford/phd.pdf, dead, NEWS, Freedom of the press in Indonesian-occupied West Papua,www.theguardian.com/media/2019/jul/22/freedom-of-the-press-in-indonesian-occupied-west-papua, The Guardian, 22 July 2019,
- Israeli occupation of the Western Golan Heights (1967âpresent)NEWS, Israel’s Occupation of the Golan Heights Is Illegal and Dangerous,foreignpolicy.com/2019/02/05/israels-occupation-of-the-golan-heights-is-illegal-and-dangerous/, Foreign Policy, 5 February 2019,
- Turkish occupation of Northern Cyprus (1974âpresent)NEWS, Cyprus may have missed its last chance for reunification,www.economist.com/europe/2017/07/09/cyprus-may-have-missed-its-last-chance-for-reunification, The Economist, 9 July 2017,
- Somali occupation of Ogaden in Ethiopia (1977â1978){{cn|date=October 2023}}
- Indonesian occupation of East Timor, followed by the annexation (1975â1999)
- Moroccan occupation of Western Sahara, followed most areas by its annexation (1975)WEB, Matsumoto, Shoji, Saharan provinces â Taking Cherry Blossom Case as an Example,www.policycenter.ma/sites/default/files/PP_20-01_Shoji.pdf,
- Iraqi occupation of Kuwait, followed by its annexation as the Kuwait Governorate and the Saddamiyat al-Mitla’ District during the Gulf War (1990â1991)
- Gash-Barka Region taken over in 2000 during the EritreanâEthiopian War{{cn|date=October 2023}}
- Iraq occupied by US during the Iraq War of 2003â2011 (See: Coalition Provisional Authority)
- Parts of Somalia occupied during the Somalia War (2006â2009){{cn|date=October 2023}}
- The Russian occupation of Georgia since 1992/2008{{cn|date=October 2023}} (See: Gori and Poti occupied by Russia during the Russo-Georgian War)
- Russian-occupied territories of Ukraine during the Russo-Ukrainian War (2014âpresent):
- Occupation of parts of Donbas region and Crimea in Ukraine by Russia since 2014, followed by its Crimea annexation in 2014WEB, УÐÐÐ ÐÐ ÐÐÐÐÐÐТРУÐÐ ÐÐÐÐ â32/2019,www.president.gov.ua/documents/322019-26050, The Presidential Office of Ukraine, (See: Russian military intervention in Ukraine, War in Donbas)
- Occupations during the Russian invasion of Ukraine (2022âpresent):
- Parts of Kharkiv, Kherson, Zaporizhzhia and Mykolaiv oblasts, followed by partial annexation of occupied areas
- Former partial occupations of Chernihiv, Dnipropetrovsk, Poltava, Kyiv, Sumy and Zhytomyr oblasts, as well as Snake Island, in early 2022 (See: Timeline of the Russian invasion of Ukraine (24 February â 7 April 2022), Snake Island campaign)
- Turkish occupation of northern Syria in support of the Syrian opposition since 2016{{cn|date=October 2023}}
- United Arab Emirates takeover of Socotra in 2018 during the Yemeni Civil War{{cn|date=October 2023}}
See also
- Banana Wars
- Allied-occupied Germany
- Ex parte Milligan
- German-occupied Europe
- Intervention (international law)
- Interventionism (politics)
- Police action
- Rule of Law in Armed Conflicts Project
- Status of forces agreement
- List of countries with overseas military bases
- Lists of military installations
- List of military occupations
Notes
{{reflist|group=nb}}References
{{Reflist|2}}Further reading
- Simon Collard-Wexler. 2013. Understanding Resistance to Foreign Occupation. PhD thesis, Columbia University.
- Occupied territory â the legal issues, legal provisions regarding occupation of territory by hostile power and implications for people protected by IHL.
- David Kretzmer, Occupation of Justice: The Supreme Court of Israel and the Occupied Territories. State University of New York Press, 2002. {{ISBN|0-7914-5338-3|0-7914-5337-5}}
- Sander D. Dikker Hupkes, What Constitutes Occupation? Israel as the occupying power in the Gaza Strip after the Disengagement, Leiden: Jongbloed 2008, 110 pp., {{ISBN|978-90-70062-45-3}} Openacces
- Belligerent Occupation
- www.crimesofwar.org/print/onnews/iraq5-print.html" title="web.archive.org/web/20040821204203www.crimesofwar.org/print/onnews/iraq5-print.html">“The Law of Belligerent Occupation” Michal N. Schmitt (regarding occupation of Iraq)
- Law of Belligerent Occupation, Judge Advocate General’s School, United States Army
- Military Government and Martial Law, by William E. Birkhimer, 3rd ed., rev. (1914), Kansas City, MO, Franklin Hudson Publishing Co.
- FM 27-10 “The Law of Land Warfare”, Department of the Army, Washington, D.C., 18 July 1956. (This manual supersedes FM 27â10, 1 October 1940, including C 1, 15 November 1944. Changes required on 15 July 1976, have been incorporated within this document.) Chapter 6, Occupation
- Bellal, A. (editor). (2015) The War Report: Armed Conflict in 2014. United Kingdom: Oxford University Press.
External links
{{Commons category|Military occupation}}- Occupation Studies Research Network - Interdisciplinary hub for the global community of scholars working on military occupation
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