Military Occupation

International Law

This lens focuses on the legal possibility of armed occupation relative to international law. Initially, the definitions focused on occupation as the result of victory in an armed conflict (including a declared war), which led to physical control over another sovereign's territory. Occupation is legitimate under international law (as set forth in the 1899 Hague Regulations). The international conventions provide that territory will be returned upon signing a negotiated peace settlement. The emphasis is on the temporary acquisition of territory, unlike earlier times when occupation meant permanent acquisition. Until the post–World War II period, the occupier was expected to interact minimally with the citizenry of the occupied country, reflecting the focus on state sovereignty. Today, there are more variations in outcomes. Within the international community, changes in legal expectations were both gradual and dramatic. A major change occurred when individual rights and self-determination became the modus operandi of the international community. This change can be traced in the 1907 Hague Regulations (especially Articles 42–56) and the 1949 Geneva Conventions IV (especially Articles 47–78). These codifications of the law of belligerent occupation have become a branch of international humanitarian law. The welfare of the individual is likely to remain at the forefront of international concern.

A Place on the Just War Continuum

To integrate the just war literature into an examination of occupation is to link the analysis to ethics. The major proponent of just war theory is Michael Walzer. The goal of Walzer and others is to recognize occupation as a continuation of military intervention—a post-conflict phase. Simply, this is a phase where one needs to focus a people's efforts toward ethical closure as well as locating a just future for a war-torn area and its people. It entails assigning responsibilities to the winners and the losers in both monetary and nonmonetary terms. With this approach, one sorts out the aftermaths with a focus on enforceable solutions, long-term stability, and the righting of any wrongs.

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