Military government
Encyclopedia
Military government can refer to conditions under either Military occupation
, or Military dictatorship
.
The Hague Conventions of 1907
specify that "territory is considered occupied when it is actually placed under the authority of the hostile army.". The form of administration by which an occupying power exercises government authority over occupied territory is called "military government."
Neither the Hague Conventions nor the Geneva Conventions specifically define or distinguish an act of "invasion." The terminology of "occupation" is used exclusively.
See Birkhimer, p. 25 - 26
is most properly rendered as "the principal occupying power," or alternatively as "the (principal) occupying power." This is because the law of agency is always available.
Explanatory Notes: When the administrative authority for the military occupation of particular areas is delegated to other troops, a "principal -- agent" relationship is in effect.
The conqueror is the principal occupying power.
This is explained as follows.
For the situation where no territorial cession is involved, the military government of the principal occupying power will end with the coming into force of the peace settlement.
In the situation of a territorial cession, there must be a formal peace treaty. However, the military government of the principal occupying power does not end with the coming into force of the peace treaty.
Hence, at the most basic level, the terminology of "legally supplanted" is interpreted to mean "legally supplanted by a civil government fully recognized by the national (or "federal") government of the principal occupying power."
john s m
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...
, or Military dictatorship
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....
.
Military Government
Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.The Hague Conventions of 1907
Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
specify that "territory is considered occupied when it is actually placed under the authority of the hostile army.". The form of administration by which an occupying power exercises government authority over occupied territory is called "military government."
Neither the Hague Conventions nor the Geneva Conventions specifically define or distinguish an act of "invasion." The terminology of "occupation" is used exclusively.
Beginning of Military Government
There does not have to be a formal announcement of the beginning of "military government," nor is there any requirement of a specific number of people to be in place, or "on site" before military government can be said to have commenced.See Birkhimer, p. 25 - 26
No proclamation of part of the victorious commander is necessary to the lawful inauguration and enforcement of military government. That government results from the fact that the former sovereignty is ousted, and the opposing army now has control. Yet the issuing such proclamation is useful as publishing to all living in the district occupied those rules of conduct which will govern the conqueror in the exercise of his authority. Wellington, indeed, as previously mentioned, said that the commander is bound to lay down distinctly the rules according to which his will is to be carried out. But the laws of war do not imperatively require this, and in very many instances it is not done. When it is not, the mere fact that the country is militarily occupied by the enemy is deemed sufficient notification to all concerned that the regular has been supplanted by a military government.
The Occupying Power
The terminology of "the occupying power" as spoken of in the laws of warLaws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
is most properly rendered as "the principal occupying power," or alternatively as "the (principal) occupying power." This is because the law of agency is always available.
Explanatory Notes: When the administrative authority for the military occupation of particular areas is delegated to other troops, a "principal -- agent" relationship is in effect.
The conqueror is the principal occupying power.
End of Military Government
RULE: Military Government continues until legally supplanted.This is explained as follows.
For the situation where no territorial cession is involved, the military government of the principal occupying power will end with the coming into force of the peace settlement.
- Example: (1) Japan after WWII. Japan regained its sovereignty with the coming into force of the San Francisco Peace Treaty on April 28, 1952. In other words, a civil government for Japan was in place and functioning as of this date.
In the situation of a territorial cession, there must be a formal peace treaty. However, the military government of the principal occupying power does not end with the coming into force of the peace treaty.
- Example: (1) Puerto Rico after the Spanish-American WarSpanish-American WarThe Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
. Military government continued in Puerto Rico past the coming into force of the Treaty of Paris of 1898Treaty of Paris (1898)The Treaty of Paris of 1898 was signed on December 10, 1898, at the end of the Spanish-American War, and came into effect on April 11, 1899, when the ratifications were exchanged....
on April 11, 1899, and only ended on May 1, 1900 with the beginning of Puerto Rico's civil government. - Example: (2) Cuba after the Spanish-American WarSpanish-American WarThe Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
. Military government continued in Cuba past the coming into force of the Treaty of Paris of 1898Treaty of Paris (1898)The Treaty of Paris of 1898 was signed on December 10, 1898, at the end of the Spanish-American War, and came into effect on April 11, 1899, when the ratifications were exchanged....
on April 11, 1899, and only ended on May 20, 1902 with the beginning of the Republic of Cuba's civil government.
Hence, at the most basic level, the terminology of "legally supplanted" is interpreted to mean "legally supplanted by a civil government fully recognized by the national (or "federal") government of the principal occupying power."
john s m