Military occupation

Belligerent military occupation , occurs when one nation 's military garrisons occupy all or part of the territory of another nation or recognized belligerent during an invasion (during or after a war ).

Belligerent military occupation occurs when the control and authority over a territory passes to a hostile army .

Military occupation is effective provisional control of a certain ruling power over a territory which is not under the formal sovereignty of that entity, without the volition of the actual sovereign. Military occupation is distinguished from annexation by its intended temporary nature (i.e. no claim for permanent sovereignty), by its military nature, and by citizenship rights of the controlling power not being conferred upon the subjugated population. Military government may be broadly characterized as the administration or supervision of occupied territory, or as the governmental form of such an administration. Military government is distinguished from martial law , which is the temporary rule by domestic armed forces over disturbed areas. The rules of military government are delineated in various international agreements, primarily the Hague Convention of 1907 , the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military scholars provide guidelines on such topics as rights and duties of the occupying power, protection of civilians , treatment of prisoners of war , coordination of relief efforts, issuance of travel documents , property rights of the populace, handling of cultural and art objects, management of refugees , and other concerns which are very important both before and after the cessation of hostilities. A country that establishes a military government and violates internationally agreed upon norms runs the risk of censure , criticism , or condemnation. In the current era, the practices of military government have largely become a part of customary international law , and form a part of the laws of war . Article 42 of the 1907 Hague Convention on Land Warfare specify that "[t]erritory is considered occupied when it is actually placed under the authority of the hostile army." The form of administration by which an occupying power exercises government authority over occupied territory is called "military government." Neither the Hague Conventions nor the Geneva Conventions specifically define or distinguish an act of "invasion." The terminology of "occupation" is used exclusively. The international law of occupation. Socio-psychological implications for an occupying society: The case of Israel. Termination of War and Treaties of Peace . The Politics of Military Occupation . 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

US tanks under Baghdad's Victory Arch in occupied Iraq Parade of the 5th Royal Gurkha Rifles in Hiroshima Prefecture during the occupation of Japan after World War II . Military or belligerent occupation (hereon after referred to as simply occupation ) is effective provisional control by a certain ruling power over a territory , which is not under the formal sovereignty of that entity, without the violation of the actual sovereign. The territory is then known as the occupied territory and the ruling power the occupant . Occupation is distinguished from annexation by its intended temporary nature (i.e. no claim for permanent sovereignty), by its military nature, and by citizenship rights of the controlling power not being conferred upon the subjugated population. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation. The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907 , the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military scholars provide guidelines on such topics as rights and duties of the occupying power, protection of civilians , treatment of prisoners of war , coordination of relief efforts, issuance of travel documents , property rights of the populace, handling of cultural and art objects, management of refugees , and other concerns which are very important both before and after the cessation of hostilities. A country that establishes an occupation and violates internationally agreed upon norms runs the risk of censure , criticism , or condemnation. In the current era, the practices of occupations have largely become a part of customary international law , and form a part of the laws of war . The international law of occupation. Socio-psychological implications for an occupying society: The case of Israel. The Politics of Military Occupation . 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 Roberts, Adam (1985).

Effective provisional control of a certain power over a territory This article is about territorial occupation. Soviet troops in Riga , Latvia , during the Soviet occupation of the Baltic states in 1940 during World War II . Parade of the 5th Royal Gurkha Rifles in Hiroshima Prefecture during the occupation of Japan after World War II. Military occupation , also known as belligerent occupation or simply occupation , is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory . The territory is then known as the occupied territory and the ruling power the occupant . Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation. The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907 , the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military scholars provide guidelines on such topics as rights and duties of the occupying power, protection of civilians , treatment of prisoners of war , coordination of relief efforts, issuance of travel documents , property rights of the populace, handling of cultural and art objects, management of refugees , and other concerns which are very important both before and after the cessation of hostilities. A country that establishes an occupation and violates internationally agreed upon norms runs the risk of censure , criticism , or condemnation. In the current era, the practices of occupations have largely become a part of customary international law , and form a part of the laws of war . Springer series in transitional justice. 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' Roberts, Adam (1990). American Journal of International Law . 84 (1). The international law of occupation. The Politics of Military Occupation . 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 Roberts, Adam (1985).