International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
matters not with what means and in what ways his authority is exercised.
For instance, when in the centre of a territory a large force is
established from which flying columns are constantly sent round the
territory, such territory is indeed effectively occupied, provided there
are no enemy forces present, and, further, provided these columns can
really keep the territory concerned under control.[329] Again, when an
army is marching on through enemy territory, taking possession of the
lines of communication and the open towns, surrounding the fortresses
with besieging forces, and disarming the inhabitants in open places of
habitation, the whole territory left behind the army is effectively
occupied, provided some kind of administration is established, and
further provided that, as soon as it becomes necessary to assert the
authority of the occupant, a sufficient force can within reasonable time
be sent to the locality affected. The conditions vary with those of the
country concerned. When a vast country is thinly populated, a smaller
force is necessary to occupy it, and a smaller number of centres need be
garrisoned than in the case of a thickly populated country. Thus, the
occupation of the former Orange Free State and the former South African
Republic became effective in 1901 some time after their annexation by
Great Britain and the degeneration of ordinary war into guerilla war,
although only about 250,000 British soldiers had to keep up the
occupation of a territory of about 500,000 square miles. The fact that
all the towns and all the lines of communication were in the hands and
under the administration of the British army, that the inhabitants of
smaller places were taken away into concentration camps, that the enemy
forces were either in captivity or dispersed into comparatively small
guerilla bands, and finally, that wherever such bands tried to make an
attack, a sufficient British force could within reasonable time make its
appearance, was quite sufficient to assert British authority[330] over
that vast territory, although it was more than a year before peace was
finally established.
[Footnote 328: See, for instance, Hall, § 161. This was also the
standpoint of the delegates of the smaller States at the Brussels
Conference of 1874 when the Declaration of Brussels was drafted.]
[Footnote 329: This is not identical with so-called _constructive_
occupation, but is really _effective_ occupation. An occupation is
constructive only if an invader declares districts as occupied over
which he actually does not exercise control--for instance, when he
actually occupies only the capital of a large province, and proclaims
that he has thereby occupied the whole of the province, although he does
not take any steps to exercise control over it.]
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