International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
In so far as these rules touch upon the special treatment of persons and
property of the inhabitants of, and public property situated within,
occupied territory, they have already been taken into consideration
above in §§ 107-154. What concerns us here are the rights and duties of
the occupying belligerent in relation to his political administration of
the territory and to his political authority over its inhabitants.[326]
The principle underlying these modern rules is that, although the
occupant does in no wise acquire sovereignty over such territory through
the mere fact of having occupied it, he actually exercises for the time
being a military authority over it. As he thereby prevents the
legitimate Sovereign from exercising his authority and claims obedience
for himself from the inhabitants, he has to administer the country not
only in the interest of his own military advantage, but also, so far as
possible at any rate, for the public benefit of the inhabitants. Thus
the present International Law not only gives certain rights to an
occupant, but also imposes certain duties upon him.
[Footnote 326: The Hague Regulations (Section III. articles 42-56), and
all the French writers, but also many others, treat under the heading
"occupation" not only of the rights and duties of an occupant concerning
the political administration of the country and the political authority
over the inhabitants, but also of other matters, such as appropriation
of public and private property, requisitions and contributions, and
destruction of public and private property, violence against private
enemy subjects and enemy officials. These matters have, however, nothing
to do with occupation, but are better discussed in connection with the
means of land warfare; see above, §§ 107-154.]
[Sidenote: Occupation, when effected.]
§ 167. Since an occupant, although his power is merely military, has
certain rights and duties, the first question to deal with is, when and
under what circumstances a territory must be considered occupied.
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