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law of belligerent occupation may provide appropriate rules to apply by analogy, pending anagreement with the lawful government. 3411.1.3.3 Occupation and Non-International Armed Conflict. The law ofbelligerent occupation does not address non-international armed conflict as such because abelligerent occupation presupposes that the Occupying Power is hostile in relation to the Statewhose territory is being occupied. 35 A State’s military forces controlling its own territory wouldnot be regarded as conducting an occupation; similarly, foreign forces conducting operationswith the consent of the territorial State would also not be regarded as conducting anoccupation. 36However, the law of belligerent occupation may be applicable to a non-internationalarmed conflict when a non-State party to the conflict has been recognized as a belligerent. 37 Inaddition, a non-international armed conflict could be regarded as taking place in the context of,or alongside, an occupation. 3811.1.3.4 Occupation and Post-War Situations. Before the GC was adopted andentered into force, the law of belligerent occupation was not applicable when a state of hostilitieshad completely ceased. 39 The general inapplicability of the law of belligerent occupation topost-war situations may be viewed as resulting from the law of belligerent occupationpresupposing that a hostile relationship exists between the invading force’s State and the State of34 1958 UK MANUAL 499 note 3(b) (“Where it is not possible to conclude ‘Civil Affairs’ agreement before theliberation of allied territory, there may be an interregnum between invasion of such territory and the assumption ofauthority on the part of the domestic civilian government. In such a situation the powers and restraints applicable toan occupant by international law ought to apply as a minimum standard until such time as a ‘Civil Affairs’agreement can be concluded.”).35 Refer to § 17.1.3.1 (Nationality and Territoriality Exclusions in the Law of International Armed Conflict).36 Refer to § 11.2.2.3 (“Of the Hostile Army” – Belligerent Occupation Applies to Enemy Territory).37 Refer to § 3.3.3.1 (Recognition by Outside States of a Rebel Faction as a Belligerent in a Civil War).38 For example, Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied IraqUnder the Fourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 36 (“TheUnited States is currently involved in two armed conflicts that are relevant to our analysis: the armed conflict withand occupation of Iraq, and the armed conflict with al Qaeda. In this Part we analyze how article 2 applies to eachconflict considered independently. This analysis is not conclusive as to how GC applies when the two conflictsbecome intertwined, as they may when al Qaeda operatives carry on their armed conflict against the United States inoccupied Iraq. This latter issue is addressed in Part III, infra.”). Compare § 3.3.1.2 (Mixed Conflicts BetweenOpposing States and Non-State Armed Groups).39 For example, Forrest Hannaman, Chief of the Legal Service Division of the Office of the United States HighCommissioner for Germany, Letter to the Judge Advocate Division of EUCOM (Jan. 28, 1952), X WHITEMAN’SDIGEST 595-96 (“The position of the United States that the Hague Regulations do not apply to the post-capitulationperiod of the present occupation of German [was noted by] the Military Governor in a First Indorsement to theCommander-in-Chief, European Command, dated January 7, 1948 (AG 386.3LD), [which] stated inter alia: ‘… itappears that the French authorities are interested in the policy of the United States in regard to the treatment ofproperty owned or used by the Wehrmacht and in the applicability of the Annex to Hague Convention IV of 1907 tothat question … With respect to the applicability at the present time of the Annex ... the Legal Division of thisHeadquarters has expressed the view ... that since the period of hostilities has ended, the provisions of Section III ofthe Annex to Hague Convention IV of 1907 ‘do not literally apply to the present occupation of Germany’ …’”)(amendments shown in Digest).742