General Discussion

‘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

[T]he definition of occupation, as set forth in Article 42 of the Hague Regulations, does not rely on a subjective perception of the prevailing situation by the parties to the armed conflict, but on an objective determination based on a territory’s de facto submission to the authority of hostile foreign armed forces.

The term invasion implies a military operation while an occupation indicates the exercise of governmental authority to the exclusion of an established government. This presupposes the destruction of the organized resistance and the establishment of an administration to preserve law and order. To the extent that the occupant’s control is maintained and that of the civil government eliminated, the area will be said to be occupied.

Territory is regarded as occupied when, as the consequence of invasion by hostile forces, the State to which it belongs has ceased, in fact, to exercise its ordinary authority therein, and the invading State is alone in a position to maintain order there.