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
Now it is certain that mere invasion is not occupation. Invasion is the
marching or riding of troops--or the flying of a military air
vessel--into enemy country. Occupation is invasion _plus_ taking
possession of enemy country for the purpose of holding it, at any rate
temporarily. The difference between mere invasion and occupation becomes
apparent by the fact that an occupant sets up some kind of
administration, whereas the mere invader does not. A small belligerent
force can raid enemy territory without establishing any administration,
but quickly rush on to some place in the interior for the purpose of
reconnoitring, of destroying a bridge or depôt of munitions and
provisions, and the like, and quickly withdraw after having realised its
purpose.[327] Although it may correctly be asserted that, so long and in
so far as such raiding force is in possession of a locality and sets up
a temporary administration therein, it occupies this locality, yet it
certainly does not occupy the whole territory, and even the occupation
of such locality ceases the moment the force withdraws.
[Footnote 327: See _Land Warfare_, § 343.]
However this may be, as a rule occupation will be coincident with
invasion. The troops march into a district, and the moment they get into
a village or town--unless they are actually fighting their way--they
take possession of the Municipal Offices, the Post Office, the Police
Stations, and the like, and assert their authority there. From the
military point of view such villages and towns are now "occupied."
Article 42 of the Hague Regulations enacts that territory is considered
occupied when it is actually placed under the authority of the hostile
army, and that such occupation applies only to the territory where that
authority is established and in a position to assert itself. This
definition of occupation is not at all precise, but it is as precise as
a legal definition of such kind of fact as occupation can be. If, as
some publicists[328] maintain, only such territory were actually
occupied, in which every part is held by a sufficient number of soldiers
to enforce immediately and on the very spot the authority of an
occupant, an effective occupation of a large territory would be
impossible, since then not only in every town, village, and railway
station, but also in every isolated habitation and hut the presence of a
sufficient number of soldiers would be necessary. Reasonably no other
conditions ought to be laid down as necessary to constitute effective
occupation in war than those under which in time of peace a Sovereign is
able to assert his authority over a territory. What these conditions are
is a question of fact which is to be answered according to the merits of
the special case. When the legitimate Sovereign is prevented from
exercising his powers and the occupant, being able to assert his
authority, actually establishes an administration over a territory, it
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