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The substitution of authority by the Occupying Power may be shown by a proclamationof occupation, although such a proclamation is not required. 6711.2.2.3 “Of the Hostile Army” – Belligerent Occupation Applies to EnemyTerritory. Occupation occurs when territory is actually placed under the authority of the hostilearmy. Thus, the existence of an occupation presupposes a hostile relationship between theinvading force’s State and the State of the occupied territory, although the occupation need notbe met with armed resistance. 68For example, the law of belligerent occupation would not apply to the use of militaryforces to control a State’s own territory, such as in cases of domestic emergency, insurrection, ornon-international armed conflict. 69Similarly, the law of belligerent occupation would not apply to the liberation of friendlyterritory that was previously occupied by the enemy. 70The requirement of a hostile relationship between the invading force’s State and the Stateof the occupied territory also prevents the law of belligerent occupation from applying to postconflictsituations (except for certain provisions of the GC). 7111.2.3 Scope of Occupied Territory. The occupation extends only to the territory wheresuch authority has been established and can be exercised. 72For example, a State may remain in control of part of its territory while the remainder ofits territory is under occupation. The 1949 Geneva Conventions apply in cases of partial or totaloccupation of a State. 73The end of occupation in one part of occupied territory does not end the occupation inother parts of the occupied territory where the Occupying Power maintains its authority.11.2.4 Proclamation of Occupation. Due to the special relations established between thecivilian population of the occupied territory and the Occupying Power, the fact of militaryoccupation and the territory over which it extends should be made known to the citizens of theoccupied territory and to other States.67 Refer to § 11.2.4 (Proclamation of Occupation).68 GWS art. 2 (“The Convention shall also apply to all cases of partial or total occupation of the territory of a HighContracting Party, even if the said occupation meets with no armed resistance.”); GWS-SEA art. 2 (same); GPW art.2 (same); GC art. 2 (same).69 Refer to § 11.1.3.3 (Occupation and Non-International Armed Conflict).70 Refer to § 11.1.3.2 (Liberation of Friendly Territory).71 Refer to § 11.1.3.4 (Occupation and Post-War Situations).72 HAGUE IV REG. art. 42 (“Territory is considered occupied when it is actually placed under the authority of thehostile army. The occupation extends only to the territory where such authority has been established and can beexercised.”).73 Refer to § 11.1.2.3 (Occupation and the 1949 Geneva Conventions).748

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