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11.4 LEGAL POSITION OF THE OCCUPYING POWER
Military occupation of enemy territory involves a complicated, trilateral set of legal relations between the Occupying Power, the temporarily ousted sovereign authority, and the inhabitants of occupied territory.
The fact of occupation gives the Occupying Power the right to govern enemy territory temporarily, but does not transfer sovereignty over occupied territory to the Occupying Power.
Right of the Occupying Power to Govern the Enemy Territory Temporarily.
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The 11.4.1 right to govern the territory of the enemy during its military occupation is one of the incidents of
war.
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By the fact of occupation …, the Occupying Power is conferred the authority to exercise some of the rights of
sovereignty.
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The exercise of these sovereign rights also results from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force, and the failure or inability of the legitimate government to exercise its functions, or the undesirability of allowing it to do so.
11.4.2 Sovereignty Over Occupied Territory.
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Occupation is essentially provisional.
https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190