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post-war situations (except for certain provisions of the GC). Nonetheless, it may be appropriateto apply rules from the law of belligerent occupation in such situations.11.1.3.1 Mere Invasion. Mere physical presence of a belligerent’s military forcesin the territory of its enemy alone does not constitute military occupation. Such presence mightnot constitute an effective and firm possession of enemy territory, or the belligerent State mightlack the intention to displace and substitute the enemy State’s authority with its own. 28Guidance for the U.S. armed forces has sought, to the extent possible, to apply the rulesof the law of occupation as a matter of policy to areas through which U.S. forces are passing, andeven on the battlefield. 2911.1.3.2 Liberation of Friendly Territory. The law of belligerent occupation doesnot apply to the liberation of friendly territory. 30 Indeed, a belligerent occupation presupposesthat the Occupying Power is hostile in relation to the State whose territory is being occupied. 31The administration of liberated territory may be conducted in accordance with a civilaffairs agreement between the co-belligerent States. 32 In the absence of such an agreement, amilitary government may be established in the area as a provisional and interim measure. 33 The28 Refer to § 11.2.2.1 (“Actually Placed” – Effectiveness of Occupation); § 11.2.2.2 (“Under the Authority” –Suspension and Substitution of Governmental Authority).29 1956 FM 27-10 (Change No. 1 1976) 352 (“b. Application of Law of Occupation. The rules set forth in thischapter apply of their own force only to belligerently occupied areas, but they should, as a matter of policy, beobserved as far as possible in areas through which troops are passing and even on the battlefield.”).30 See FM 27-10 (Change No. 1 1976) 354 (“Civil affairs administration is that form of administration establishedin friendly territory whereby a foreign government pursuant to an agreement, expressed or implied, with thegovernment of the area concerned, may exercise certain authority normally the function of the local government.Such administration is often established in areas which are freed from enemy occupation. It is normally requiredwhen the government of the area concerned is unable or unwilling to assume full responsibility for itsadministration. Territory subject to civil affairs administration is not considered to be occupied.”); Raymund T.Yingling and Robert W. Ginnane, The Geneva Conventions of 1949, 46 AJIL 393, 417 (1953) (“While the CivilianConvention contains no definition of ‘occupation,’ probably nothing could be added to the principle in HagueArticle 42 that ‘Territory is considered occupied when it is actually placed under the authority of the hostile army.‘The convention will not apply in liberated territory of an allied country such as France in 1944 in relation to theUnited States and the United Kingdom.”).31 Refer to § 11.2.2.3 (“Of the Hostile Army” – Belligerent Occupation Applies to Enemy Territory).32 For example, Directives and Agreements in Civil Affairs in France, Aug. 25, 1944, reprinted in U.S. ARMY,JUDGE ADVOCATE GENERAL SCHOOL, CIVIL AFFAIRS MILITARY GOVERNMENT: SELECTED CASES AND MATERIALS10 (1958) (“As a result of discussions between American, British, and French representatives, agreement has beenreached on the practical arrangements for civil affairs administration in Continental France.”).33 1956 FM 27-10 (Change No. 1 1976) 354 (“If circumstances have precluded the conclusion of a civil affairsagreement with the lawful government of allied territory recovered from enemy occupation or of other territoryliberated from the enemy, military government may be established in the area as a provisional and interim measure(see par. 12b and c). A civil affairs agreement should, however, be concluded with the lawful government at theearliest possible opportunity.”).741