Military occupation
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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).
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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"Template: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 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.
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 it should be noted that many countries including the U.S. are not signatory to this additional protocol.
Examples of military occupations
- see also 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.
Significant contemporary belligerent military occupations
- Western Sahara — by Morocco
- Papua — annexed by Indonesia since 1961
Disputed occupations
Some presences are often referred to as military occupations, but their status as an military occupation are often disputed when not every party in the situation agrees that it is even a military occupation at all.
Disputed to be a military occupation by local population
- Israel (1949 Armistice lines) — unrecognized by parts of the Arab world, though recognized by Egypt, Jordan and most of the Maghreb
- Northern Cyprus — occupied by Turkey, claimed by Greek Cyprus
Disputed to be a military occupation by nation of dominant military forces in area
- Northern Ireland — recognised internationally as part of the United Kingdom
- Chechnya — recognised internationally as part of Russia
- The West Bank and Gaza Strip — by Israel since 1967 (see Israeli-Palestinian conflict)
- Golan Heights and East Jerusalem — annexed by IsraelTemplate:Ref
- Lower Kuril Islands: Kunashir/Kunashiri, Iturup/Etorofu, Shikotan, Habomai — annexed by Russia (who considers the matter non-negotiable)
Other
- North Korea and South Korea — see Korean Conflict
- Kashmir — held in part by Pakistan and China, claimed by India.
Reference
Adapted from the Wikinfo article, "wikinfo:Belligerent occupation"
Notes
- Template:Note Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State (http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm#art41) source The Avalon Project at the Yale Law School
- Template:Note The Golan Heights and East Jerusalem were annexed by Israel. However, these annexations have not been recognized by any other nation who consider them to be in violation of International Law (Fourth Geneva Convention: Article 6 =>Article 47 ) and therefore still regard them as being Israeli occupied.
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 0791453383; hardcover, July, 2002, ISBN 0791453375
External links
- Belligerent Occupation (http://lawofwar.org/Occupation.htm)
- The International Laws of Belligerent Occupation by Professor Francis Boyle (Point of view hostile to Israel) (http://www.informationclearinghouse.info/article5936.htm)
- The Law of Belligerent Occupation Michal N. Schmitt (regarding occupation of Iraq) (http://www.crimesofwar.org/print/onnews/iraq5-print.html)
- Montevideo Convention on the Rights and Duties of States and Military Occupation under the Law of War by Richard W. Hartzell (http://www.taiwanadvice.com/conventions/montconv.htm)