Military occupation

(Redirected from Occupying power)

Military or belligerent occupation is hostile control[1] by a ruling power over a sovereign territory that is not part of the ruling power's own sovereign territory.[2] The controlled territory is called occupied territory, and the ruling power is called the occupant.[3] During a military occupation, the occupier has certain responsibilities to uphold public order.[4]

Hundreds of years ago, the old notion of "to the victor belong the spoils"[5] was replaced with the new notion that sovereignty was not to be taken from a state by force. Military occupation, which is a loss of a sovereign's control of a territory, but not a loss of sovereignty, was thus considered temporary. Ideally, a peace treaty would soon return control to the ousted sovereign.[6]

Examples of military occupation

Military Occupation Media

Related pages

References

  1. Benvenisti, Eyal. The International Law of Occupation (2012)Oxford University Press. p. 63. ISBN 978-0-19-958889-3.
  2. Benv: "For all those reasons, the utility of retaining the adjectives 'belligerent' or 'wartime' or even 'military' has become rather limited, as the trigger for international regulation is not the mode of assuming control by the occupant but the temporary suspension of the sovereign's authority."
  3. Fabre, Cécile. Living with the enemy: the ethics of belligerent occupation (14 February 2012). Retrieved 30 November 2018.
  4. Benv: 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 [civil life], while respecting, unless absolutely prevented, the laws in force in the country.
  5. Cole, Babalola. Property and the Law of Belligerent Occupation: A Reexamination. World Affairs 137 (1) (Summer 1974)JSTOR. p. 66–85.
  6. Benv: "the delegates to the Brussels and Hague Conferences conceived occupation as a transient situation, for the short period between hostilities and the imminent peace treaty, which would translate wartime victories into territorial concessions by the defeated party."