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prevent the Occupying Power from actually enforcing its authority over occupied territory.Similarly, the Occupying Power’s expulsion or complete withdrawal from the territory wouldalso suffice because the former Occupying Power generally would not be able to controlsufficiently the occupied territory.Belligerent occupation also may end when a hostile relationship no longer exists betweenthe Occupying Power and the State of the occupied territory (although, as discussed in thefollowing subsection, certain GC obligations may continue to apply). 84 For example, if a new,independent government of the previously occupied territory assumes control of the territory andconsents to the presence of the previously occupying forces, then such a situation would nolonger be considered a belligerent occupation. Similarly, if a peace treaty legitimately transfersthe territory to the sovereignty of the Occupying Power, then the Occupying Power would nolonger be characterized as such. However, an Occupying Power is not permitted, under the lawof belligerent occupation, to annex occupied territory. 8511.3.2 Duration of GC Obligations in the Case of Occupied Territory. In the hometerritory of parties to the conflict, the application of the GC shall cease on the general close ofmilitary operations. 86In the case of occupied territory, the application of the GC shall cease one year after thegeneral close of military operations; however, the Occupying Power shall be bound, for theduration of the occupation, to the extent that such State exercises the functions of government insuch territory, by the provisions of the following Articles of the GC:• 1 through 12 (general provisions and common articles, e.g., the Protecting Powercontinues to function, and the derogation for security reasons continues to apply);• 27, 29 through 34 (humane treatment);• 47 (preserves rights as against change by annexation or arrangement with the localauthorities so long as occupation lasts);• 49 (transfers, evacuation, and deportation);• 51, 52 (prohibitions against certain compulsory service and protection of workers);• 53 (respect for property);• 59, 61 through 63 (facilitating relief programs);• 64 through 77 (criminal proceedings); and84 Refer to § 11.2.2.3 (“Of the Hostile Army” – Belligerent Occupation Applies to Enemy Territory).85 Refer to § 11.4.2 (Limitations on the Power of the Occupying Power Stemming From Its Lack of SovereigntyOver Occupied Territory).86 Refer to § 10.3.4 (Commencement and Duration of Protected Person Status).751

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