Law of War Workshop Deskbook - Higgins Counterterrorism ...

3. Invasion: Invasion continues for as long as resistance is met. If no resistanceis met, the state of invasion continues only until the invader takes firmcontrol of the area, with an intention of holding it. Invasion is not necessarilyoccupation, but invasion usually precedes occupation. (FM 27-10, Para.352a). Invasion may be either resisted or unresisted.4. Belligerent Occupation: Territory is occupied “when it is actually placedunder the authority of the hostile army.” (FM 27-10, Para. 351).a. Occupation = Invasion + Firm Control (FM 27-10, Para. 352a).(Occupation does “not include territory in which an armed force is locatedbut has not assumed supreme authority.” 17).(1) Resisted v. Unresisted Invasion. Occupation “presupposes” a hostileinvasion – remember, this is belligerent occupation. However, a“hostile” invasion may be either resisted or unresisted.b. Subjugation: Whereas Occupation is temporary or provisional control,subjugation (conquest) is permanent. It is a transfer of sovereignty.Subjugation = Occupation + Permanent Control. (FM 27-10, Para. 353).In theory, this concept is no longer permissible under international law.18c. Military Government: When the occupying power exercisesgovernmental authority over the occupied territory (because the legitimategovernment is unable to administer the government). (FM 27-10, paras.12 & 362).5. COMMENCEMENT OF OCCUPATION.a. Proclamation of Occupation (FM 27-10, para. 357). General Eisenhowerissued a powerful proclamation. This is not technically required.b. Without such a proclamation, commencement is a Question of Fact (FM27-10, Paras. 355 & 356) (H.R. Art. 42). It is based on the followingelements:17Dep't of the Army, Pamphlet 27-5, Military Government and Civil Affairs, para. 1b (1944).18See von Glahn at 770. The Department of the Army announced on June 9, 1959, that it had authorized thedeletion of the term "military government." The term "civil affairs" was offered (and has been usedexclusively since) in its stead.Chapter 6Protection of Civilians During Armed Conflict138