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11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONSPAGE 808 OF 1254

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.

11.3.1 End of Occupation. Belligerent occupation ceases when 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.

Belligerent occupation ends when the Occupying Power no longer has effectively placed

the occupied territory under its control.

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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