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Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory.
The legality of any particular occupation is regulated by the UN Charter and the law known as jus ad bellum. Once a situation exists which factually amounts to an occupation the law of occupation applies – whether or not the occupation is considered lawful.
Occupation as a means of acquiring “terra nullius” (nobody’s land) originates from Roman private law, representing a primary method of acquiring property rights over ownerless or abandoned things. The occupation was accomplished by establishing factual control over the respective things.
The law of belligerent occupation (which from now on we will refer to simply as the law of occupation) governs the relationship between the occupying power, on the one hand, and the wholly or partially occupied State and its inhabitants, including refugees and stateless persons, on the other. It is applicable only in international armed conflicts.
Occupation was initially perceived as being a matter of inter-State relationships. Based on the premise that occupation was a temporary situation neither causing nor implying any devolution of sovereignty, occupation law, as reflected in the Hague Regulations of 1907, was geared mainly towards preserving
According to international law, occupation means a situation when, in during an international armed conflict, a territory, or parts thereof, comes under the effective provisional control of a foreign power, even if it is not met with armed resistance.
definition of what amounts to an occupation for the purposes of international law: Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.
