11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONS
The status of belligerent occupation ends when the conditions for its application are no
longer
met. Certain GC obligations with respect to occupied territory continue
for the duration of the occupation after the general close of military
operations.End of Occupation. Belligerent occupation ceases when
11.3.1 the conditions for its application are no longer met. In particular, as discussed below, the status of belligerent occupation ceases when the invader no longer factually governs the occupied territory or when a hostile relationship no longer exists between the State of the occupied territory and the Occupying Power. Belligerent occupation ends when the Occupying Power no longer has effectively placed the occupied territory under its control. For example, an uprising by the local population may prevent the Occupying Power from actually enforcing its authority over occupied territory. Similarly, the Occupying Power’s expulsion or complete withdrawal from the territory would also suffice because the former Occupying Power generally would not be able to control sufficiently the occupied territory. Belligerent occupation also may end when a hostile relationship no longer exists between the Occupying Power and the State of the occupied territory (although, as discussed in the following subsection, certain GC obligations may continue to apply). For example, if a new, independent government of the previously occupied territory assumes control of the territory and consents to the presence of the previously occupying forces, then such a situation would no longer be considered a belligerent occupation. Similarly, if a peace treaty legitimately transfers the territory to the sovereignty of the Occupying Power, then the Occupying Power would no longer be characterized as such. However, an Occupying Power is not permitted, under the law of belligerent occupation, to annex occupied territory. Duration of GC Obligations in the Case of Occupied
11.3.2 Territory.
In
the home territory of parties to the conflict, the application of the
GC shall cease on the general close of military operations. In the case
of occupied territory, the application of the GC shall cease one year
after the general close of military operations; however, the Occupying
Power shall be bound, for the duration of the occupation, to the extent
that such State exercises the functions of government in such territory,
by the provisions of the following Articles of the
GC:
• 1 through 12 (general provisions and common articles, e.g., the Protecting Power
continues to function, and the derogation for security reasons continues to apply);
• 27, 29 through 34 (humane treatment);
• 47 (preserves rights as against change by annexation or arrangement with the local
authorities so long as occupation lasts);
• 49 (transfers, evacuation, and deportation);
• 51, 52 (prohibitions against certain compulsory service and protection of workers);
• 53 (respect for property);
• 59, 61 through 63 (facilitating relief programs);
• 64 through 77 (criminal proceedings); and
• 143 (access by Protecting Powers and the ICRC).
provisions that continue to apply to the extent that the Occupying Power exercises the functions of government in occupied territory) was proposed to account for situations like those of Germany and Japan after World War II. AP I provides that the 1949 Geneva Conventions and AP I shall cease to apply, in the case of occupied territories, on the termination of the occupation; coalition partners that are Occupying Powers and Parties to AP I would be bound by this rule. In any case, individuals entitled to GC protection who remain in the custody of the Occupying Power following the end of occupation retain that protection until their release, repatriation, or re-establishment. In addition, it may be appropriate following the end of occupation to continue to apply by analogy certain rules from the law of belligerent occupation, even if such rules do not apply as a matter of law.
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