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inhabitants of occupied territory. 92 The fact of occupation gives the Occupying Power the rightto govern enemy territory temporarily, but does not transfer sovereignty over occupied territoryto the Occupying Power.11.4.1 Right of the Occupying Power to Govern the Enemy Territory Temporarily. Theright to govern the territory of the enemy during its military occupation is one of the incidents ofwar. 93 By the fact of occupation (i.e., the Occupying Power’s established power over occupiedterritory), the Occupying Power is conferred the authority to exercise some of the rights ofsovereignty. 94 The exercise of these sovereign rights also results from the necessity ofmaintaining law and order, indispensable both to the inhabitants and to the occupying force, andthe failure or inability of the legitimate government to exercise its functions, or the undesirabilityof allowing it to do so. 9511.4.2 Limitations on the Power of the Occupying Power Stemming From Its Lack ofSovereignty Over Occupied Territory. Belligerent occupation in a foreign war, being based uponthe possession of enemy territory, necessarily implies that the sovereignty of the occupiedterritory is not vested in the Occupying Power. 96 Occupation is essentially provisional. 9792 JULIUS STONE, LEGAL CONTROLS ON INTERNATIONAL CONFLICT 694 (1954) (“Whether belligerent occupation hasbeen established depends not merely on the will of the belligerent, but whether his actual control satisfies thestandards of range and stability laid down by international law. If it does not, he is a mere invader enjoying acomparatively narrow legal authority. If it does, international law attributes to him legal powers which merely as abelligerent he does not have, touching almost all aspects of the government of the territory and the lives of itsinhabitants. Since, moreover, the ousted sovereign still retains all the residue of legal authority not attributed to theOccupant, it is apparent that belligerent occupation involves at its core a complicated trilateral set of legal relationsbetween the Occupant, the temporarily ousted sovereign and the inhabitants.”).93 Coleman v. Tennessee, 97 U.S. 509, 517 (1879) (“The doctrine of international law on the effect of militaryoccupation of enemy's territory upon its former laws is well established. Though the late war was not betweenindependent nations, but between different portions of the same nation, yet having taken the proportions of aterritorial war, the insurgents having become formidable enough to be recognized as belligerents, the same doctrinemust be held to apply. The right to govern the territory of the enemy during its military occupation is one of theincidents of war, being a consequence of its acquisition; and the character and form of the government to beestablished depend entirely upon the laws of the conquering State or the orders of its military commander.”).94 1956 FM 27-10 (Change No. 1 1976) 358 (“Being an incident of war, military occupation confers upon theinvading force the means of exercising control for the period of occupation. It does not transfer the sovereignty tothe occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of theserights results from the established power of the occupant and from the necessity of maintaining law and order,indispensable both to the inhabitants and to the occupying force.”).95 1956 FM 27-10 (Change No. 1 1976) 362 (“Military government is the form of administration by which anoccupying power exercises governmental authority over occupied territory. The necessity for such governmentarises from the failure or inability of the legitimate government to exercise its functions on account of the militaryoccupation, or the undesirability of allowing it to do so.”).96 1956 FM 27-10 (Change No. 1 1976) 353 (“Belligerent occupation in a foreign war, being based upon thepossession of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in theoccupying power. Occupation is essentially provisional.”).97 See, e.g., VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 31 (“The consensus of the opinions of writers oninternational law is that the legitimate government of the territory retains its sovereignty but that the latter issuspended during the period of belligerent occupation.”); EYAL BENVENISTI, THE INTERNATIONAL LAW OFOCCUPATION 6 (2004) (“The power exercising effective control within another’s sovereign territory has only753