Military occupation
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Belligerent military occupation occurs when one nation's military occupies all or part of the territory of another nation or recognized belligerent.
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[edit] 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. These were clarified and supplemented by the Hague Conventions of 1907. Specifically "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State". 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 enemy territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). 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 1.1, 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 48 prohibits mass movement of people out of or into occupied 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.
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.
[edit] Examples of military occupations
In most wars some territory is placed under the authority of the 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.
[edit] Significant contemporary belligerent military occupations
- Western Sahara — by Morocco
[edit] Disputed occupations
The following presences are often referred to as military occupations, but this status is disputed by a party to the situation.
[edit] Disputed to be a military occupation by local population
- Northern Cyprus — occupied by Turkey, claimed by Republic of Cyprus
[edit] Disputed to be a military occupation by nation of dominant military forces in area
- The West Bank and Gaza Strip by Israel since 1967 (see Israeli-Palestinian conflict)[2]
- Golan Heights and East Jerusalem — occupied and annexed by Israel since 1967
- Lower Kuril Islands: Kunashir/Kunashiri, Iturup/Etorofu, Shikotan, Habomai — annexed by Russia (which considers the matter non-negotiable)
- Iraq — held by USA
[edit] Other
- Kashmir — held in part by Pakistan, People's Republic of China and India, parts or all claimed by all three.
[edit] Reference
Adapted from the Wikinfo article, "wikinfo:Belligerent occupation"
[edit] Notes
- ↑ 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
- ↑ Israel considers the West Bank and Gaza Strip to be disputed rather than occupied territories. 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.
- ↑ The Golan Heights and East Jerusalem were annexed by Israel. However, these annexations have not been recognised by the United Nations and therefore still regard them as being occupied by Israel.
[edit] Further reading
- David Kretzmer, Occupation of Justice: The Supreme Court of Israel and the Occupied Territories, State University of New York Press, April, 2002, trade paperback, 262 pages, ISBN 0-7914-5338-3; hardcover, July, 2002, ISBN 0-7914-5337-5
