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This manual uses the terms “military occupation,” “belligerent occupation,” and“occupation” to refer to situations governed by the law of belligerent occupation.11.1.1.2 Occupying Power, Occupant, and Occupying State. Treaties or otherlegal documents may refer to the State conducting the occupation as the “Occupying Power,”“Occupying State,” or “occupant.” This manual uses the term “Occupying Power” to refer to aState conducting an occupation.In some cases, multiple States may conduct an occupation together, and each State maybe considered an Occupying Power. 711.1.2 Military Occupation and Bodies of International Law.11.1.2.1 Military Occupation and Other Law of War Rules. In general, the law ofwar rules that are not specific to the occupation of enemy territory continue to apply to situationsthat are addressed by those rules that may arise during occupation. For example, the rules for theconduct of hostilities and the humane treatment of detainees apply also to combat operations anddetention operations, respectively, during occupation.However, the fact of occupation triggers the application of additional rules specific tooccupation. 811.1.2.2 Occupation and the Hague IV Regulations. Articles 42 through 56 of theHague IV Regulations address military occupation.When the GC and the Hague IV Regulations are both applicable, the provisions of theGC regarding occupation supplement the provisions of the Hague IV Regulations regardingoccupation. 9insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longeradequately secures public safety and private rights.”).6 LIEBER CODE art. 1 (“A place, district, or country occupied by an enemy stands, in consequence of the occupation,under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or anypublic warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect andconsequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law.”).7 For example, Supplemental Brief of the United States, Apr. 22, 2005, United States of America ex rel. DR, Inc. v.Custer Battles, LLC, 376 F. Supp. 2d 617 (E.D. Va. 2005), 2005 DIGEST OF UNITED STATES PRACTICE ININTERNATIONAL LAW 228, 232 (“The United States and the United Kingdom, and other member states of theCoalition were the occupying powers in Iraq under the laws and usages of war. The CPA was the administrativedevice that the Coalition created under the laws and usages of war to perform civil government functions in liberatedIraq during the brief period of occupation. As an active member of the Coalition, the United States played animportant role in, and had certain responsibilities for, the occupation, which it chose to fulfill through creation ofand participation in the CPA.”).8 Refer to § 11.2 (When Military Occupation Law Applies).9 Refer to § 19.16.5.2 (Relationship Between the GC and the 1899 Hague II and the 1907 Hague IV Conventions).737

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