Three Questions
In relation to the military occupation of a particular area, we are faced with three central questions, (which all must be answered based on the customary laws of warfare):
- When does the military occupation begin?
- Who is "the occupying power"?
- When did the military occupation end?
In order to sort out the answers to these questions, we have to do a thorough overview the customary laws regarding military occupation.
In the Hague Regulations, we can look at SECTION III: MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE 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.
|
This HR 42 is quoted in US Army Field Manual, FM 27-10, The Law of Land Warfare, para. 351, as being the definition of "military occupation," as well as being some sort of gauge for marking the point in time when the military occupation begins.
|