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However, there is no specific legal requirement that the Occupying Power issue aproclamation of military occupation. 74The question of whether territory is occupied does not depend upon the issuance of anyparticular proclamation or other instrument. Territory may be occupied even though noproclamation of occupation has been issued. Conversely, the issuance of proclamation ofoccupation does not empower a State with the rights of an Occupying Power if it does notcontrol such territory in fact.A proclamation may help fix the date of the beginning of the occupation. 75 Theproclamation may also advise inhabitants of occupied territory of the rules with which they mustcomply. 76 In particular, the proclamation may be used to advise inhabitants of changes to law,including penal law. 7774 1956 FM 27-10 (Change No. 1 1976) 357 (“In a strict legal sense no proclamation of military occupation isnecessary. However, on account of the special relations established between the inhabitants of the occupied territoryand the occupant by virtue of the presence of occupying forces, the fact of military occupation, with the extent ofterritory affected, should be made known. The practice of the United States is to make this fact known byproclamation.”); 1914 RULES OF LAND WARFARE 292 (“In a strict legal sense no proclamation of militaryoccupation is necessary. On account of the special relations established between the inhabitants of the occupiedterritory and the occupant, by virtue of the presence of the invading force, the fact of military occupation, with theextent of terrritorry [sic] affected by the same, should be made known. The practice in this country is to make thisfact known by proclamation.”); LIEBER CODE art. 1 (“A place, district, or country occupied by an enemy stands, inconsequence of the occupation, under the Martial Law of the invading or occupying army, whether anyproclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Lawis the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile armyproclaims its Martial Law.”).75 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, 37(“Applying this standard, the United States became an occupying power no later than April 16, 2003, the date onwhich General Tommy Franks announced the creation of the ‘Coalition Provisional Authority to exercise powers ofgovernment temporarily, and as necessary, especially to provide security, to allow the delivery of humanitarian aidand to eliminate weapons of mass destruction.’ See Tommy R. Franks, Freedom Message to the Iraqi People (Apr.16, 2003)”); The Venice, 69 U.S. 258, 276 (1865) (“The transports conveying the troops under the command ofMajor-General Butler, commanding the Department of the Gulf, arrived on the 1st of May, and the actualoccupation of the city was begun. There was no armed resistance, but abundant manifestations of hostile spirit andtemper both by the people and the authorities. The landing of the troops was completed on the 2d of May, and onthe 6th a proclamation of General Butler, which had been prepared and dated on the 1st, and the next day printed bysome soldiers, in an office seized for the purpose, was published in the newspapers of the city. Some copies of theproclamation had been previously distributed to individuals, but it was not made known to the population generallyuntil thus published. There was no hostile demonstration, and no disturbance afterwards; and we think that themilitary occupation of the city of New Orleans may be considered as substantially complete from the date of thispublication; and that all the rights and obligations resulting from such occupation, or from the terms of theproclamation, may be properly regarded as existing from that time. This proclamation declared the city to be undermartial law, and announced the principles by which the commanding general would be guided in itsadministration.”).76 For example, 1958 UK MANUAL 504 note 1 (“The practice in this matter in past wars appears to have beenvariable. Frequently the inhabitants were only warned to behave peaceably, not to communicate with the enemy,and to comply with requisitions; as for instance when the British troops entered France in 1813 and 1815. In 1870,in France, the Germans generally, but not always, proclaimed military jurisdiction directly[;] they took possession of749