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Military occupation is effective provisional control of a certain ruling power over a territory which is not under the formal sovereignty of that entity, without the volition of the actual sovereign.〔A Roberts. Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967 - ''Am. J. Int'l L.'', 1990, p. 47.〕〔Eyāl Benveniśtî. The international law of occupation. Princeton University Press, 2004. ISBN 0-691-12130-3, ISBN 978-0-691-12130-7, p. xvi〕〔Eran Halperin, Daniel Bar-Tal, Keren Sharvit, Nimrod Rosler and Amiram Raviv. Socio-psychological implications for an occupying society: The case of Israel. Journal of Peace Research 2010; 47; 59〕〔During civil wars, the districts occupied by rebels are considered to be foreign.Military Government and Martial Law LLMC, p. 21. ()〕 Military occupation is distinguished from annexation by its intended temporary nature (i.e. no claim for permanent sovereignty), by its military nature, and by citizenship rights of the controlling power not being conferred upon the subjugated population.〔〔David M. Edelstein. Occupational Hazards: Why Military Occupations Succeed or Fail. ''Journal of Peace Research'' 2010; 47; 59〕 Military government may be broadly characterized as the administration or supervision of occupied territory, or as the governmental form of such an administration. Military government is distinguished from martial law, which is the temporary rule by domestic armed forces over disturbed areas. The rules of military government are delineated in various international agreements, primarily the Hague Convention of 1907, the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military scholars provide guidelines on such topics as rights and duties of the occupying power, protection of civilians, treatment of prisoners of war, coordination of relief efforts, issuance of travel documents, property rights of the populace, handling of cultural and art objects, management of refugees, and other concerns which are very important both before and after the cessation of hostilities. A country that establishes a military government and violates internationally agreed upon norms runs the risk of censure, criticism, or condemnation. In the current era, the practices of military government have largely become a part of customary international law, and form a part of the laws of war. Article 42 of the 1907 Hague Convention on Land Warfare specify that "()erritory is considered occupied when it is actually placed under the authority of the hostile army." The form of administration by which an occupying power exercises government authority over occupied territory is called "military government." Neither the Hague Conventions nor the Geneva Conventions specifically define or distinguish an act of "invasion." The terminology of "occupation" is used exclusively. ==Military occupation and the laws of war== From the second half of the 18th century onwards, international law has come to distinguish between the military occupation of a country and territorial acquisition by invasion and annexation, the difference between the two being originally expounded upon by Emerich de Vattel in ''The Law of Nations'' (1758). The clear distinction has been recognized among the principles of international law since the end of the Napoleonic wars in the 19th century. These customary laws of belligerent occupation which evolved as part of the laws of war gave some protection to the population under the military occupation of a belligerent power. The Hague Convention of 1907 further clarified and supplemented these customary laws, specifically within "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State."〔(Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State ) source The Avalon Project at the Yale Law School〕 The first two articles of that section state: :''Art. 42.'' :''Territory is considered occupied when it is actually placed under the authority of the hostile army.'' :''The occupation extends only to the territory where such authority has been established and can be exercised.'' :''Art. 43. :''The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his 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.'' In 1949 these laws governing belligerent occupation of an enemy state's territory were further extended by the adoption of the Fourth Geneva Convention (GCIV). Much of GCIV is relevant to protected persons in occupied territories and Section III: Occupied territories is a specific section covering the issue. Article 6 restricts the length of time that most of GCIV applies: :''The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.'' :''In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.'' :''In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.'' GCIV emphasised an important change in international law. The United Nations Charter (June 26, 1945) had prohibited war of aggression (See articles 1.1, 2.3, 2.4) and GCIV Article 47, the first paragraph in Section III: Occupied territories, restricted the territorial gains which could be made through war by stating: :''Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.'' Article 49 prohibits the forced mass movement of people out of or into occupied state's territory: :''Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. ... The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.'' Protocol I (1977): "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" has additional articles which cover military occupation but many countries including the U.S. are not signatory to this additional protocol. In the situation of a territorial cession as the result of war, the specification of a "receiving country" in the peace treaty merely means that the country in question is authorized by the international community to establish civil government in the territory. The military government of the principal occupying power will continue past the point in time when the peace treaty comes into force, until it is legally supplanted. "Military government continues until legally supplanted" is the rule, as stated in ''Military Government and Martial Law'', by William E. Birkhimer, 3rd edition 1914. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「military occupation」の詳細全文を読む スポンサード リンク
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