Military occupation
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{{history of war}}
Belligerent '''military occupation''' occurs when the control and authority over a territory passes to a [[belligerent|hostile army]].
==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 (1899 and 1907)|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."<ref name="hague04_art41">[http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm#art41 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]]</ref> 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). Much of GCIV is relevant to protected persons in occupied territories and [[Wikisource:Fourth Geneva Convention#Section III: Occupied territories|Section III: Occupied territories]] is a specific section covering the issue.
[[Wikisource:Fourth Geneva Convention#Article 6|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 [[Wikisource:Fourth Geneva Convention#Article 47|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.''
[[Wikisource:Fourth Geneva Convention#Article 49|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 [[United States|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.
==Examples of military occupations==
{{main|List 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.
===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====
*[[Nagorno-Karabakh]] — occupied by [[Armenia]], claimed by [[Azerbaijan]]<ref name=10264-1>Mr [[David Atkinson]], United Kingdom, European Democrat Group, (Rapporteur) [http://assembly.coe.int/Documents/WorkingDocs/doc04/EDOC10364.htm The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference], [[Parliamentary Assembly of the Council of Europe]], [[29 November]] 2004</ref>
====Disputed to be a military occupation by the nation of military dominance in an area====
*[[Tibet]] - A unified Tibetan empire was created in the 8th century, and fell apart a century later. Mongol conquests in the 13th century made Tibet part of a [[Mongol Empire|Mongol-ruled]] [[Yuan Dynasty|Chinese empire]], and four centuries later the Manchu-ruled [[Qing Dynasty]] further incorporated Tibet into China. <ref>Grunfeld, A. Tom, [http://www.fpif.org/pdf/vol5/09iftibet.pdf "''Reassess Tibet Policy''"], 2000</ref> In 1914, the 13th Dalai Lama signed a treaty granting Chinese ''[[suzerainty]]'' over both "Inner Tibet" and "Outer Tibet" establishing direct rule over the former and leaving the latter autonomous.<ref>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]. [http://www.tibetjustice.org/materials/treaties/treaties16.html Full text]</ref> Subordination to China was reaffirmed in 1934.<ref>Goldstein, Melvyn, "A History of Modern Tibet", pp239-241</ref><ref>India Office Records, IOR/L/PS/12/4175</ref> Chinese [[sovereignty]] was [[Seventeen Point Agreement for the Peaceful Liberation of Tibet|confirmed]] by both Beijing and the Tibetans<ref>Gyatso, Tenzin, Dalai Lama XIV, interview, 25 July 1981.</ref><ref>Goldstein, pp812-813</ref> after PLA occupied the Tibetan region of [[Chamdo]]. The region is still claimed by the [[Republic of China]].
*[[Golan Heights]] — captured by [[Israel]] from [[Syria]] in [[Six-Day War|1967]], ''de facto'' annexed by Israel in 1981 (but explicitly unrecognized by the [[UN]] ''see [[Golan heights#Current status]]'')
*[[Gaza strip]]<ref>[http://hrw.org/english/docs/2004/10/29/isrlpa9577.htm "Israel: 'Disengagement' Will Not End Gaza Occupation"] Human Rights Watch. October 29, 2004</ref><ref>[http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm "Human Rights Council Special Session on the Occupied Palestinian Territories"] July 6, 2006"</ref> — occupied by [[Egypt]] in [[1948 Arab-Israeli War|1948]] (except for four months of Israeli occupation during the [[Suez Crisis|1956 Suez Crisis]]), occupied by [[Israel]] in [[Six-Day War|1967]]
**Israeli settlers and ground forces removed in 2005 (''see [[Israel's unilateral disengagement plan|Disengagement]]'')
*[[West Bank]]<ref>[[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.{{Fact|date=February 2007}}</ref> — captured by [[Jordan]] in [[1948 Arab-Israeli War]] and annexed in 1950, captured by [[Israel]] in [[1967|Six-Day War]]
**Jordan proclaimed a relinquishment of sovereignty to the [[Palestinian Liberation Organization]] in 1988.
**East [[Jerusalem]] was annexed by Israel in 1967 (incorporated into Israeli "Basic Law" in 1980) but the annexation is not recognized by the UN or European Union and in fact flatly rejected.
*[[Western Sahara]] — disputed between [[Morocco]] and the [[Polisario Front]], with the latter considering it to be occupied.
*Lower [[Kuril Islands]]: [[Kunashir]]/[[Kunashiri]], [[Iturup]]/[[Etorofu]], [[Shikotan]], [[Habomai]] — annexed by [[Russia]] (which considers the matter non-negotiable)
*[[Iraq]] Occupied by USA, Great Britain and Poland since 2003. This gives citizens of Iraq to claim compensation from occupying forces any civil or criminal damages they may incur. The citizens have a right to pursue the cases in US Courts.
====Other====
*[[Kashmir]] — held in part by [[Pakistan]]i [[Kashmiris]], partly held by [[People's Republic of China]] in the [[Ladakh]] region and [[India]] that is [[Bharat]], parts or all claimed by all three governments in [[Islamabad]], [[Beijing]], and [[New Delhi]].
*[[Cyprus]]: the northern part of the island is occupied by Turkey , which has resorted to ethnic cleansing of the Greek Cypriots and has transfered settlers from the turkish mainland to the cypriot north , upseting the population balance between Greek Cypriots and Turkish Cypriots , in violation of the Genena Conventions (see more at [[Cyprus dispute]]).{{Fact|date=July 2007}}<!--Evidence that it is a military occupation-->
==See also==
*[[Occupied territories]]
*[[Military government]]
*[[Nazi-occupied Europe]]
*[[Allied Occupation Zones in Germany]]
*[[Occupied Japan]]
==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
* [http://lawofwar.org/Occupation.htm Belligerent Occupation]
* [http://www.crimesofwar.org/print/onnews/iraq5-print.html The Law of Belligerent Occupation Michal N. Schmitt (regarding occupation of Iraq)]
==Footnotes==
<references />
[[Category:Military occupation| ]]
Original content adapted from the Wikinfo article, "[[wikinfo:Belligerent occupation]]"
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