Save & spread (once 11.3 verifies as 1st marker).
11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONS
The status of belligerent occupation ends when the conditions for its application are no
longer met. Certain GC obligations with respect to occupied territory continue for the duration
of the occupation after the general close of military operations.
End of Occupation. Belligerent occupation ceases when 11.3.1 the conditions for its
application are no longer met.81 In particular, as discussed below, the status of belligerent
occupation ceases when the invader no longer factually governs the occupied territory or when a
hostile relationship no longer exists between the State of the occupied territory and the
Occupying Power.82
Belligerent occupation ends when the Occupying Power no longer has effectively placed
the occupied territory under its control.83 For example, an uprising by the local population may
prevent the Occupying Power from actually enforcing its authority over occupied territory.
Similarly, the Occupying Power’s expulsion or complete withdrawal from the territory would
also suffice because the former Occupying Power generally would not be able to control
sufficiently the occupied territory.
Belligerent occupation also may end when a hostile relationship no longer exists between
the Occupying Power and the State of the occupied territory (although, as discussed in the
following subsection, certain GC obligations may continue to apply).84 For example, if a new, independent government of the previously occupied territory assumes control of the territory and
consents to the presence of the previously occupying forces, then such a situation would no
longer be considered a belligerent occupation. Similarly, if a peace treaty legitimately transfers
the territory to the sovereignty of the Occupying Power, then the Occupying Power would no
longer be characterized as such. However, an Occupying Power is not permitted, under the law
of belligerent occupation, to annex occupied territory.85
Duration of GC Obligations in the Case of Occupied 11.3.2 Territory. In the home
territory of parties to the conflict, the application of the GC shall cease on the general close of
military operations.86
In the case of occupied territory, the application of the GC 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 State exercises the functions of government in
such territory, by the provisions of the following Articles of the GC:
• 1 through 12 (general provisions and common articles, e.g., the Protecting Power
continues to function, and the derogation for security reasons continues to apply);
• 27, 29 through 34 (humane treatment);
• 47 (preserves rights as against change by annexation or arrangement with the local
authorities so long as occupation lasts);
• 49 (transfers, evacuation, and deportation);
• 51, 52 (prohibitions against certain compulsory service and protection of workers);
• 53 (respect for property);
• 59, 61 through 63 (facilitating relief programs);
• 64 through 77 (criminal proceedings); and
• 143 (access by Protecting Powers and the ICRC).87
The one-year time limit for the cessation of the application of the GC (apart from the
provisions that continue to apply to the extent that the Occupying Power exercises the functions
of government in occupied territory) was proposed to account for situations like those of Germany and Japan after World War II.88 AP I provides that the 1949 Geneva Conventions and
AP I shall cease to apply, in the case of occupied territories, on the termination of the
occupation;89 coalition partners that are Occupying Powers and Parties to AP I would be bound
by this rule.
In any case, individuals entitled to GC protection who remain in the custody of the
Occupying Power following the end of occupation retain that protection until their release,
repatriation, or re-establishment.90 In addition, it may be appropriate following the end of
occupation to continue to apply by analogy certain rules from the law of belligerent occupation,
even if such rules do not apply as a matter of law.