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11.2 WHEN MILITARY OCCUPATION LAW APPLIESThe law of military occupation applies when a military occupation exists in fact.Even if the requirements of the law of belligerent occupation do not apply as a matter oflaw, general law of war principles and rules, such as those for the conduct of hostilities, continueto apply. 46 11.2.1 Military Occupation as a Fact. Military occupation is a question of fact. 47 Thelegal consequences arising from the fact of occupation (i.e., that this fact is the basis for bothrights and duties) illustrates how the law of war may be viewed as both permissive and restrictivein nature. 48The fact of occupation is the basis for the Occupying Power to exercise authority over theoccupied territory. 49 The fact of occupation, as a requirement for the exercise of authority overthe occupied territory, prevents a State from simply claiming the authorities of militarygovernment over an enemy territory without actually controlling such territory. 50June I945. … The general rules expressed in the Hague Regulations will be considered as guiding principles unlessand until specific U.S. or Allied occupation policies require deviation.”).45 1956 FM 27-10 (Change No. 1 1976) 10 (“However, certain designated provisions of the Geneva Conventions of1949 (see GC, art. 6; par 249 herein) continue to be operative, notwithstanding the termination of any antecedenthostilities, during the continuance of a military occupation. Insofar as the unwritten law of war and the HagueRegulations extend certain fundamental safeguards to the persons and property of the populations of occupiedterritory, their protection continues until the termination of any occupation having its origin in the militarysupremacy of the occupant, notwithstanding the fact the Geneva Convention relative to the Protection of CivilianPersons may have ceased to be applicable.”).46 Eritrea-Ethiopia Claims Commission, Partial Award – Western Front, Aerial Bombardment and Related Claims,Eritrea’s Claims 1, 3, 5, 9-13, 14, 21, 25 & 26, 27 (Dec. 19, 2005) (“The Commission agrees that the Ethiopianmilitary presence was more transitory in most towns and villages on the Western Front than it was on the CentralFront, where the Commission found Ethiopia to be an occupying power. The Commission also recognizes that notall of the obligations of Section III of Part III of Geneva Convention IV (the section that deals with occupiedterritories) can reasonably be applied to an armed force anticipating combat and present in an area for only a fewdays. Nevertheless, a State is obligated by the remainder of that Convention and by customary internationalhumanitarian law to take appropriate measures to protect enemy civilians and civilian property present within areasunder the control of its armed forces. Even in areas where combat is occurring, civilians and civilian objects cannotlawfully be made objects of attack.”).47 1956 FM 27-10 (Change No. 1 1976) 355 (“Military occupation is a question of fact.”).48 Refer to § 1.3.3 (Restrictive and Permissive Character of the Law of War).49 See, e.g., WINTHROP, MILITARY LAW & PRECEDENTS 799 (“The authority for military government is the fact ofoccupation. Not a mere temporary occupation of enemy’s country on the march, but a settled and established one.Mere invasion, the presence of the hostile army in the country, is not sufficient. There must be a full possession, afirm holding, a government de facto.”); MacLeod v. United States, 229 U.S. 416, 425 (1913) (“There has beenconsiderable discussion in the cases and in works of authoritative writers upon the subject of what constitutes anoccupation which will give the right to exercise governmental authority. Such occupation is not merely invasion,but is invasion plus possession of the enemy’s country for the purpose of holding it temporarily at least.”); UnitedStates v. Rice, 17 U.S. 246, 254 (1819) (Story, J.) (“By the conquest and military occupation of Castine, the enemyacquired that firm possession which enabled him to exercise the fullest rights of sovereignty over that place.”).50 Compare § 13.10.2.3 (Effectiveness of the Blockade).744