“ 11.2.2 Standard for Determining When Territory Is Considered Occupied. Territory is
54
This standard for when the law of belligerent occupation applies is reflected in Article 42
considered occupied when it is actually placed under the authority of the hostile forces.
55
11.2.2.1 “Actually Placed” – Effectiveness of Occupation. Military occupation must be actual and effective; that is, the organized resistance must have been overcome, and the
56
It is sufficient that the occupying force can, within a reasonable time, send detachments of forces to enforce its authority within the occupied district. Military occupation does not require the presence of military forces in every populated area, although the occupying force
of the Hague IV Regulations and is regarded as customary international law.
Occupying Power must have taken measures to establish its authority.
57
The type of forces used to maintain the authority of the Occupying Power is not material.”
“ 11.2.2 Standard for Determining When Territory Is Considered Occupied. Territory is 54 This standard for when the law of belligerent occupation applies is reflected in Article 42 considered occupied when it is actually placed under the authority of the hostile forces. 55 11.2.2.1 “Actually Placed” – Effectiveness of Occupation. Military occupation must be actual and effective; that is, the organized resistance must have been overcome, and the 56 It is sufficient that the occupying force can, within a reasonable time, send detachments of forces to enforce its authority within the occupied district. Military occupation does not require the presence of military forces in every populated area, although the occupying force of the Hague IV Regulations and is regarded as customary international law. Occupying Power must have taken measures to establish its authority. 57 The type of forces used to maintain the authority of the Occupying Power is not material.”