Talk:Military occupation/Archive 2

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Archive 1

Archive 2

First paragraph of body

I propose the following revision to the first paragraph in the body of the article to give a better sense of how land and property dominated by combat were handled before the 18th century, and to present brief historic and modern conceptualizations of occupation. (I provided an extended section of Benvenisti's source I quoted, because the entire source paragraph does a great job explaining the underlying relationships of occupation.) This revision removes mention of the Napoleonic wars, since they aren't mentioned in the source. Any feedback?

A dominant principle that guided combatants through much of history was "to the victory belong the spoils".^[1] Emerich de Vattel, in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their "continued existence".^[1] According to Eyal Benvenisti's The International Law of Occupation, Second Edition (2012), "The foundation upon which the entire [modern] law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, [and from this principle] springs the basic structural constraints that international law imposes upon the occupant."^[2]

Dotyoyo (talk) 06:46, 19 April 2024 (UTC)

References

^ ^a ^b Cole, Babaloba (1974). "Property and the Law of Belligerent Occupation: A Reexamination". World Affairs. 137 (1): 66–85. JSTOR 20671544.
^ Benvenisti, Eyal (2012). The International Law of Occupation, Second Edition. Great Clarendon Street, Oxford OX2 6DP, United Kingdom: Oxford University Press. p. 6. ISBN 978-0-19-958889-3. The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself a valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. From the principle of inalienable sovereignty over a territory springs the basic structural constraints that international law imposes upon the occupant. The occupying power is thus precluded from annexing the occupied territory or otherwise unilaterally changing its political status; instead, it is bound to respect and maintain the political and other institutions that exist in that territory for the duration of the occupation. The law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect the life and property of the inhabitants and to respect the sovereign interests of the ousted government.{{cite book}}: CS1 maint: location (link)

I applied this change to the article on 2024-04-25. Dotyoyo (talk) 01:59, 28 April 2024 (UTC)

[cole1974-1] Cole, Babaloba (1974). "Property and the Law of Belligerent Occupation: A Reexamination". World Affairs. 137 (1): 66–85. JSTOR 20671544.

[2] Benvenisti, Eyal (2012). The International Law of Occupation, Second Edition. Great Clarendon Street, Oxford OX2 6DP, United Kingdom: Oxford University Press. p. 6. ISBN 978-0-19-958889-3. The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself a valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. From the principle of inalienable sovereignty over a territory springs the basic structural constraints that international law imposes upon the occupant. The occupying power is thus precluded from annexing the occupied territory or otherwise unilaterally changing its political status; instead, it is bound to respect and maintain the political and other institutions that exist in that territory for the duration of the occupation. The law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect the life and property of the inhabitants and to respect the sovereign interests of the ousted government.{{cite book}}: CS1 maint: location (link)

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