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• 143 (access by Protecting Powers and the ICRC). 87The one-year time limit for the cessation of the application of the GC (apart from theprovisions that continue to apply to the extent that the Occupying Power exercises the functionsof government in occupied territory) was proposed to account for situations like those ofGermany and Japan after World War II. 88 AP I provides that the 1949 Geneva Conventions andAP I shall cease to apply, in the case of occupied territories, on the termination of theoccupation; 89 coalition partners that are Occupying Powers and Parties to AP I would be boundby this rule.In any case, individuals entitled to GC protection who remain in the custody of theOccupying Power following the end of occupation retain that protection until their release,repatriation, or re-establishment. 90 In addition, it may be appropriate following the end ofoccupation to continue to apply by analogy certain rules from the law of belligerent occupation,even if such rules do not apply as a matter of law. 9111.4 LEGAL POSITION OF THE OCCUPYING POWERMilitary occupation of enemy territory involves a complicated, trilateral set of legalrelations between the Occupying Power, the temporarily ousted sovereign authority, and the87 GC art. 6 (“In the case of occupied territory, the application of the present Convention shall cease one year afterthe general close of military operations; however, the Occupying Power shall be bound, for the duration of theoccupation, to the extent that such Power exercises the functions of government in such territory, by the provisionsof the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.”).88 II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 623 (“Mr. CLATTENBURG (UnitedStates of America) said that his Delegation would propose an amendment to Article 4 to provide that the CiviliansConvention should cease to apply not earlier than one year after the termination of hostilities. It would be noted thatthe Convention did not define the terms ‘occupied territory’ or ‘military occupation’. It was the view of the UnitedStates Delegation that the obligations imposed by the Convention on an Occupying Power should be applicable tothe period of hostilities and to the period of disorganization following on the hostilities; these obligations would varyaccording to the nature and duration of the occupation. Experience had shown that an Occupying Power did, in fact,exercise the majority of the governmental functions in occupied territory. A prolonged military occupation was,however, also characterized by a progressive return of governmental responsibility to local authorities. TheOccupying Power should be bound by the obligations of the Convention only during such time as the institutions ofthe occupied territory were unable to provide for the needs of the inhabitants. The ultimate solution of suchproblems as revictualling, sanitation and war damage was not the responsibility of the Occupying Power. He quotedthe case of the Allied occupation of Germany and Japan to show that the responsibility of the Occupying Powers forthe welfare of the local populations was far less at present than during the period immediately followinghostilities.”).89 AP I art. 3 (“Without prejudice to the provisions which are applicable at all times: (a) The Conventions and thisProtocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol; (b) The applicationof the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close ofmilitary operations and, in the case of occupied territories, on the termination of the occupation, except, in eithercircumstance, for those persons whose final release, repatriation or reestablishment takes place thereafter. Thesepersons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their finalrelease, repatriation or re-establishment.”).90 Refer to § 10.3.4 (Commencement and Duration of Protected Person Status).91 Refer to § 11.1.3.4 (Occupation and Post-War Situations).752