Definition of Military Occupation According to the Law of War Manual
Military Occupation:
Military occupation is a condition in which territory is under the authority and effective control of a hostile army. The Law of War Manual, which provides guidelines and legal frameworks for military operations, defines military occupation based on several key principles and rules.
Key Elements of Military Occupation:
1. Effective Control:
- The occupying force must have actual control over the area, which goes beyond mere presence. This control means the occupying power can exercise authority over the local population and the functioning of government.
2. Hostile Army:
- The control must be by a hostile force, not by consent of the local government.
3. Temporary Nature:
- Military occupation is considered a temporary situation. The occupying power does not gain sovereignty over the territory.
4. Legal Obligations:
- The occupying power has responsibilities under international law, including ensuring public order and safety, respecting existing laws unless absolutely prevented, and providing for the basic needs of the population.
Specific Provisions from the Law of War Manual:
Authority and Responsibilities: The manual emphasizes that the occupying power must respect the laws in force in the country unless absolutely prevented, maintain the status quo, and ensure the humane treatment of the occupied population.
Prohibited Actions: Occupying forces are prohibited from exploiting the resources of the occupied territory for their benefit, deporting the local population, or altering the legal system unless necessary for security and order.
Legal References:
Hague Regulations: Articles 42-56 of the 1907 Hague Regulations outline the rights and duties of an occupying power.
Geneva Conventions: The Fourth Geneva Convention provides additional protections for civilians in occupied territories.
Sources for Further Reading:
DoD Law of War Manual
ICRC - International Humanitarian Law and the Occupied Territories
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Getting hard to beieve anything, anyone! But Jesus. Hurry Jesus!
Now I see why American taxpayers have paid countless $100s Billions to sustain (I mean occupy) the Ukrainian territory - administrative state - citizenry for so many years. Man will always have a belief in the superstition of authority.