Anonymous ID: 5f5bbc July 11, 2022, 10:19 a.m. No.16716023   🗄️.is 🔗kun

There are 7 Q posts for 11.3 [7-11]

 

DOD LAW OF WAR MANUAL - Sec. 11.3

 

11.1 INTRODUCTION

This Chapter addresses military occupation. The GC provides specific rules for the internment of protected persons in occupation, which are addressed in Chapter X. Military occupation is a temporary measure for administering territory under the control of invading forces, and involves a complicated, trilateral set of legal relations between the Occupying Power, the temporarily ousted sovereign authority, and the inhabitants of occupied territory.

 

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

Anonymous ID: 5f5bbc July 11, 2022, 10:42 a.m. No.16716099   🗄️.is 🔗kun

11.1.1.1 Military Occupation, Military Government, Belligerent Occupation, and Martial Law.

 

The practice of conducting military occupation is very old, and the law of military occupation has long been part of the law of war. Military occupation is also called belligerent occupation. The conduct of military occupation has also been characterized as an exercise of “military government” or “martial law.”

 

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

Anonymous ID: 5f5bbc July 11, 2022, 11:03 a.m. No.16716203   🗄️.is 🔗kun   >>6265

Military occupation is a question of fact.

 

11.2.1 The fact of occupation is the basis for the Occupying Power to exercise authority over the occupied territory. The fact of occupation, as a requirement for the exercise of authority over the occupied territory, prevents a State from simply claiming the authorities of military government over an enemy territory without actually controlling such territory.

 

'''11.2.2 Standard for Determining When Territory Is Considered Occupied. Territory is

considered occupied when it is actually placed under the authority of the hostile forces.'''

 

This standard for when the law of belligerent occupation applies is reflected in Article 42

of the Hague IV Regulations and is regarded as customary international law.

 

11.2.2.1 “Actually Placed” – Effectiveness of Occupation. Military occupation must be actual and effective; that is, the organized resistance must have been overcome, and the Occupying Power must have taken measures to establish its authority.

 

'''It is sufficient that the occupying force can, within a reasonable time, send detachments

of forces to enforce its authority within the occupied district.''' Military occupation does not require the presence of military forces in every populated area, although the occupying force must, inter alia, control the most important places.

 

[Note: There is no legal requirement that the national guard members involved in the occupation have to even know why are there, and it's ok if they want to lay down and fall asleep wherever they want.]

 

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

Anonymous ID: 5f5bbc July 11, 2022, 11:21 a.m. No.16716313   🗄️.is 🔗kun   >>6364

>>16716272

 

11.2.2.3 “Of the Hostile Army” – Belligerent Occupation Applies to Enemy

 

Territory. Occupation occurs when territory is actually placed under the authority of the hostile army. Thus, the existence of an occupation presupposes a hostile relationship between the invading force’s State and the State of the occupied territory, although the occupation need not be met with armed resistance. . .

Anonymous ID: 5f5bbc July 11, 2022, 11:33 a.m. No.16716405   🗄️.is 🔗kun   >>6544

11.2.4 Proclamation of Occupation. Due to the special relations established between the civilian population of the occupied territory and the Occupying Power, the fact of military occupation and the territory over which it extends should be made known to the citizens of the occupied territory and to other States.

 

However, there is no specific legal requirement that the Occupying Power issue a proclamation of military occupation. The general practice of the United States has been to make the fact of occupation known by proclamation or similar notice.

 

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Anonymous ID: 5f5bbc July 11, 2022, 11:40 a.m. No.16716455   🗄️.is 🔗kun   >>6473

 

11/7/2022

 

11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONS (p 769)

 

11.7 AUTHORITY OF THE OCCUPYING POWER OVER INHABITANTS (p 777)

 

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

Anonymous ID: 5f5bbc July 11, 2022, 11:42 a.m. No.16716473   🗄️.is 🔗kun   >>6485

>>16716455

 

The Occupying Power’s authority over inhabitants of occupied territory derives from its war powers and from its duty to ensure public order and safety in occupied territory.

 

The Occupying Power, as a belligerent State, may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. In addition, the Occupying Power may take measures necessary to fulfill its duty to ensure public order and safety.

 

11.7.1 Inhabitants’ Obedience to the Occupying Power. It is the duty of the inhabitants to carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take no part whatever in the hostilities carried on, to refrain from all injurious acts toward the forces or in respect to their operations, and to render strict obedience to the orders of the occupant.

 

Subject to the restrictions imposed by international law, the Occupying Power may

demand and enforce from the inhabitants of occupied territory such obedience as may be

necessary for the security of its forces, for the maintenance of law and order, and for the proper administration of the country.

 

The inhabitant’s obedience to the Occupying Power is generally distinguished from a

duty of allegiance.