War 2

Belligerent occupation is when territory has been temporarily occupied by a foreign invader. It isn't necessary that the invader occupy every square foot of ground. What matters is that he can control the area effectively and has military superiority in it. There is no change in sovereignty although the political laws of the area, except laws on treason, are suspended.

Rights and Duties in an Occupation:

1.) Reestablish or continue the ordinary administrative functions, including making laws.

2.) Adopt measures to protect the inhabitants.

3.) Requisition/sequester goods and services for civilian projects with payment of cash, whether immediate or future.

4.) No conscription

5.) Collect taxes for military and local administrative needs.

6.) Issue legal currency.

7.) Use of enemy property, whether public or private; but private property must be returned or paid for at the end of the war.

8.) Angary

An occupying power can forage on the enemy's territory if obtaining supplies through the normal channels is inconvenient. Compensation, however, must be paid at the end of the war.

Angary is the right of a belligerent state to use or destroy neutral property located on its own or enemy territory when it's absolutely necessary.

Acts of Non-Hostile Intercourse:

1.) Flag of truce: white flag indicating a desire to communicate with the enemy. The agent is called a parlementaire, can't be violated and is entrusted with negotiating with the enemy.

2.) Cartels: agreements to regulate intercourse during wartime, usually on prisoner exchange.

3.) Passport: written permission given by the government to let enemy subjects travel generally within the territory.

4.) Safe-conduct: permission given to an enemy subject or vessel to allow passage between ports.

5.) Safeguard: protection given by the commanding officer to enemy subjects or property under his command, usually with an armed escort. 

6.) License to trade: permission by a competent government office given to individuals to carry on with trade even though there's a war. 

Hostilities are suspended in the following instances:

1.) Suspension of arms: temporary cessation of hostilities by agreement of local commanders in order to gather the wounded and bury the dead.

2.) Armstice: suspension of hostilities by agreement of the belligerents in a certain theater or the whole area of the war, usually in order to implement the peace terms.

3.) Ceasefire: unconditional cessation of hostilities, usually done by an international body like the UN.

4.) Truce: conditional ceasefire for political purposes.

5.) Capitulation: surrender of enemy forces, places, etc. in accordance with military custom.

War is terminated either by a simple cessation of hostilities (usually by uti possidetis) with regard to property and territory in the belligerents' possession, concluding a negotiated peace treaty or defeat of the enemy (which is followed either by a dictated peace treaty or annexation of occupied territory.) Uti possidetis allows the belligerent to retain property or territory in its actual possession during the cessation of hostilities.

At the end of the ward is what is called the postliminium in case the invader leaves the conquered territory. The old laws and sovereignty are restored.

Juridical acts and proceedings during the occupation that aren't political in character are considered valid even after the occupation.

War Crimes

War criminals are persons whether military or not, who commit a violation of international law governing armed conflicts during wartime. They are punished by the winner at the end of hostilities.