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the interests and welfare of the civilian population of the occupied territory. 2 The OccupyingPower has obligations related to the maintenance of public order and safety, and the protection ofcivilians and property in occupied territory. 311.1.1 Military Occupation – Notes on Terminology.11.1.1.1 Military Occupation, Military Government, Belligerent Occupation, andMartial Law. The practice of conducting military occupation is very old, and the law of militaryoccupation has long been part of the law of war. 4 Military occupation is also called belligerentoccupation. The conduct of military occupation has also been characterized as an exercise of“military government” 5 or “martial law.” 62 GREENSPAN, THE MODERN LAW OF LAND WARFARE 213 (“In considering the law on military occupation the dualnature of such an occupation must be borne in mind. Its primary objective is to further the purpose of the war inwhich the occupying forces are engaged and to ensure the maintenance and security of those forces; yet at the sametime the occupant is bound to provide for the interests and welfare of the civilian population of the occupiedterritory.”).3 Refer to § 11.5 (Duty of the Occupying Power to Ensure Public Order and Safety).4 See, e.g., American Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511, 542 (1828) (Marshall, C.J.) (“The usage of theworld is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere militaryoccupation, until its fate shall be determined at the treaty of peace.”); Thirty Hogsheads of Sugar v. Boyle, 13 U.S.191, 195 (1815) (Marshall, C.J.) (“Some doubt has been suggested whether Santa Cruz, while in the possession ofGreat Britain, could properly be considered as a British island. But for this doubt there can be no foundation.Although acquisitions made during war are not considered as permanent until confirmed by treaty, yet to everycommercial and belligerent purpose, they are considered as a part of the domain of the conqueror, so long as heretains the possession and government of them. The island of Santa Cruz, after its capitulation, remained a Britishisland until it was restored to Denmark.”). See also WINTHROP, MILITARY LAW & PRECEDENTS 800-01 (“Instancesin our history of military government are presented in our Revolutionary war during the occupancy by the British ofBoston, New York and Philadelphia; at Castine, Maine, when taken and held by the British in 1814-15; and in theprovinces of Mexico in the course of the conquest of the same by our forces in 1846-7. It was however during thelate civil war, which, by reasons of its exceptional proportions, was assimilated to an international war, that MilitaryGovernment was more generally and variously exercised, and its nature more fully illustrated than at any previousperiod of our history.”).5 WINTHROP, MILITARY LAW & PRECEDENTS 799 (“By military government is meant that dominion exercised in warby a belligerent power over territory of the enemy invaded and occupied by him and over the inhabitants thereof.By most writers, prior to the appearance of the dissenting opinion of Chase, C.J., in Ex parte Milligan, this speciesof government was designated in general terms as ‘martial law,’ and thus was confused with or not properlydistinguished from the martial law proper exerted at home under circumstances of emergency, and yet to beconsidered.”); Ex parte Milligan, 71 U.S. 2, 141-42 (1866) (Chase, C.J., separate opinion) (“There are under theConstitution three kinds of military jurisdiction: one to be exercised both in peace and war; another to be exercisedin time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within statesor districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrectionwithin the limits of the United States, or during rebellion within the limits of states maintaining adhesion to theNational Government, when the public danger requires its exercise. The first of these may be called jurisdictionunder MILITARY LAW, and is found in acts of Congress prescribing rules and articles of war, or otherwiseproviding for the government of the national forces; the second may be distinguished as MILITARYGOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the militarycommander under the direction of the President, with the express or implied sanction of Congress; while the thirdmay be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily, when theaction of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of736