Under International Humanitarian Law, there is occupation when a State exercises an unconsented-to effective control over a territory on which it has no sovereign title. Article 42 of The Hague Regulations of 1907 defines occupation as follows: “Territory is considered occupied when it is actually placed under the authority of the hostile army.
|Practice Relating to Rule 51. Public and Private Property in Occupied Territory|
Section B. Immovable public property in occupied territory
|Hague Regulations (1899)||Article 55 of the 1899 Hague Regulations provides:||The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.|
|Hague Regulations (1907)||Article 55 of the 1907 Hague Regulations provides:||The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied territory. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct|
|Geneva Convention IV||Article 53 of the 1949 Geneva Convention IV provides:||Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations|
Treaty laws on belligerent occupation
- Category: International Law