05 Recommended for Current Review · 11 Devolution

Law of War manual

Important for war time presidency!

💥💥LAW OF WAR MANUAL! COUNTDOWN 🌪🚀🚀 11.2 💥💥 Pertinent points! 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. require the presence of military forces in every populated area, although the occupying force must, inter alia, control the most important places. 11.2.2.2 “Under the Authority” – Suspension and Substitution of Governmental Authority. Occupation also requires the suspension of the territorial State’s authority and the substitution of the Occupying Power’s authority for the territorial State’s authority. The territorial State must be rendered incapable of publicly exercising its authority in the territory, and the Occupying Power must substitute its authority for that of the territorial State. Invading forces in possession of the territory must have taken measures to establish their authority. 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. A proclamation may help fix the date of the beginning of the occupation (like 2020 Elections?) The proclamation may also advise inhabitants of occupied territory of the rules with which they must comply. In particular, the proclamation may be used to advise inhabitants of changes to law, including penal law. 11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONS. 11.3.1 End of Occupation. Belligerent occupation ceases when the conditions for its application are no longer met. 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. 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. 11.5 DUTY OF THE OCCUPYING POWER TO ENSURE PUBLIC ORDER AND SAFETY

The authority of the legitimate power having in fact passed into the hands of the Occupying Power, the latter shall take all the measures in its power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. This principle has been recognized as customary international law. 11.6 PROTECTION OF THE POPULATION OF AN OCCUPIED TERRITORY. 11.6.1 General Protections, Including Humane Treatment, of the Population of an Occupied Territory. The population of an occupied territory, like other protected persons under the GC, are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs.107 They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats of violence, and against insults and public curiosity. 11.7 AUTHORITY OF THE OCCUPYING POWER OVER INHABITANTS. 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. 11.8 ADMINISTRATION OF OCCUPIED TERRITORY. 11.8.3 Local Governments Under Duress or Surrogate Governments. The restrictions placed upon the authority of a belligerent State cannot be avoided by a system of using a puppet government, central or local, to carry out acts that would be unlawful if performed directly by the Occupying Power. Acts induced or compelled by the Occupying Power are nonetheless its acts.💥💥💥🗝🖕🖕

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