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Military occupation

Military occupation, also known as belligerent occupation or simply occupation, is the temporary military control by a ruling power over a sovereign territory that is outside of that ruling power's sovereign territory.[1][2][3][4] The controlled territory is then known as the occupied territory and the ruling power the occupant.[5] Occupation is distinguished from annexation and colonialism by its intended temporary duration.[4][6] 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.[7]

This article is about territorial occupation. For the ranks and positions, see military rank.

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.

those "who ... find themselves ... in the hands of a Party to the conflict or Occupying Power of which they are not nationals". This generally refers to civilians of an enemy state, including refugees, and stateless persons.

[11]

(OETA), encompassing much of the Middle East during 1917–1920 – separated to French (OETA North) and British (OETA South) domains;

Occupied Enemy Territory Administration

(1945–49) in the aftermath of World War II

Allied-occupied Germany

Some examples of military occupation came into existence as an outcome of World War I and World War II:


A number of post-1945 occupations have lasted more than 20 years, such as those of Namibia by South Africa, of East Timor by Indonesia, of Northern Cyprus by Turkey and of Western Sahara by Morocco.[19] One of the world's longest ongoing occupations is Israel's occupation of the West Bank, including East Jerusalem and the Gaza Strip (1967–present), both Palestinian territories, along with the Syrian Golan Heights.[20]


Other prolonged occupations that have been alleged include those of the Falkland Islands/Malvinas, claimed by Argentina, by the United Kingdom (1833–present), of Tibet by PR China (1950), and of Hawaii by the United States (1893). The War Report makes no determination as to whether belligerent occupation is occurring in these cases.[21]


Examples of occupation which took place in the second half of the 20th century include:


Examples of occupation in the 21st century include:

Banana Wars

Allied-occupied Germany

Ex parte Milligan

German-occupied Europe

Intervention (international law)

Interventionism (politics)

Police action

Rule of Law in Armed Conflicts Project

List of countries with overseas military bases

Lists of military installations

List of military occupations

Simon Collard-Wexler. 2013. . PhD thesis, Columbia University.

Understanding Resistance to Foreign Occupation

legal provisions regarding occupation of territory by hostile power and implications for people protected by IHL.

Occupied territory – the legal issues

David Kretzmer, Occupation of Justice: The Supreme Court of Israel and the Occupied Territories. State University of New York Press, 2002.  0-7914-5338-3; ISBN 0-7914-5337-5

ISBN

Sander D. Dikker Hupkes, What Constitutes Occupation? Israel as the occupying power in the Gaza Strip after the Disengagement, Leiden: Jongbloed 2008, 110 pages,  978-90-70062-45-3 Openacces

ISBN

Belligerent Occupation

Michal N. Schmitt (regarding occupation of Iraq)

The Law of Belligerent Occupation

Judge Advocate General's School, United States Army

Law of Belligerent Occupation

by William E. Birkhimer, third edition, revised (1914), Kansas City, Missouri, Franklin Hudson Publishing Co.

Military Government and Martial Law

FM 27-10 "The Law of Land Warfare", DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., 18 July 1956. (This manual supersedes FM 27–10, 1 October 1940, including C 1, 15 November 1944. Changes required on 15 July 1976, have been incorporated within this document.) Chapter 6, OCCUPATION

Bellal, A. (editor). (2015) . United Kingdom: Oxford University Press.

The war report: Armed conflict in 2014

- Interdisciplinary hub for the global community of scholars working on military occupation

Occupation Studies Research Network