Reminder:
11.3.2 Duration of GC Obligations in the Case of Occupied Territory. In the home territory of parties to the conflict, the application of the GC shall cease on the general close of military operations. 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 funct 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; 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." 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.91