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The portions of the law of war which particularly relate to military occupation may be called the law of occupation. Military occupation is not annexation, the difference between the two being originally expounded upon by Emmerich de Vattel in The Law of Nations (1758). Consequently, the doctrine of "prescription" does not apply.

Singular and plural forms are generally interchangeable, i.e. the law of war may be rendered "laws of war," and the law of occupation may be rendered "laws of occupation."

The following twelve paragraphs from US Army (Field Manual) FM 27-10 "The Law of Land Warfare" outline many important aspects of the law of occupation.

(1) 351. Military Occupation 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. (HR, art. 42.)

(2) 353. Subjugation or Conquest Distinguished Belligerent occupation in a foreign war, being based upon the possession of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in the occupying power. Occupation is essentially provisional. On the other hand, subjugation or conquest implies a transfer of sovereignty, which generally takes the form of annexation and is normally effected by a treaty of peace. When sovereignty passes, belligerent occupation, as such, of course ceases, although the territory may and usually does, for a period at least, continue to be governed through military agencies.

(3) 355. Occupation as Question of Fact Military occupation is a question of fact. It presupposes a hostile invasion, resisted or unresisted, as a result of which the invader has rendered the invaded government incapable of publicly exercising its authority, and that the invader has successfully substituted its own authority for that of the legitimate government in the territory invaded.

(4)358. Occupation Does Not Transfer Sovereignty Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these. rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress. (See GC, art. 47; par. 365 herein.)

(5)359. Oath of Allegiance Forbidden It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (HR, art. 45.)

(6)362. Necessity for Military Government Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military occupation, or the undesirability of allowing it to do so.

(7) 363. Duty to Restore and Maintain Public Order The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. (HR, art. 43.)

(8) 367. Functions of Government a. Paramount Authority of Occupant. The functions of the hostile government--whether of a general, provincial, or local character--continue only to the extent they are sanctioned by the occupant.

b. Functions of Local Government. The occupant may, while retaining its paramount authority, permit the government of the country to perform some or all of its normal functions. It may, for example, call upon the local authorities to administer designated rear areas, subject to the guidance and direction of the occupying power. Such action is consistent with the status of occupation, so long as there exists the firm possession and the purpose to maintain paramount authority.

(9)368. Nature of Government It is immaterial whether the government over an enemy's territory consists in a military or civil or mixed administration. Its character is the same and the source of its authority the same. It is a government imposed by force, and the legality of its acts is determined by the law of war.

(10) 370. Laws in Force In restoring public order and safety, the occupant will continue in force the ordinary civil and penal (criminal) laws of the occupied territory except to the extent it may be authorized by Article 64, GC (par 369), and Article 43, HR (par. 363), to alter, suspend, or repeal such laws (see also HR art. 23 (h); par. 372 herein; and GC, art. 51; par. 418 herein). These laws will be administered by the local officials as far as practicable. Crimes not of a military nature and not affecting the occupant's security are normally left to the jurisdiction of the local courts.

(11) 371. Nature of Laws Suspended or Repealed The occupant may alter, repeal, or suspend laws of the following types: a. Legislation constituting a threat to its security, such as laws relating to recruitment and the bearing of arms. b. Legislation dealing with political process, such as laws regarding the rights of suffrage and of assembly. c. Legislation the enforcement of which would be inconsistent with the duties of the occupant, such as laws establishing racial discrimination.

(12) 374. Immunity of Occupation Personnel From Local Law Military and civilian personnel of the occupying forces and occupation administration and persons accompanying them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration. The occupant should see to it that an appropriate system of substantive law applies to such persons and that tribunals are in existence to deal with civil litigation to which they are parties and with offenses committed by them.

• Laws of war
• Military government