Castle Rock

87 GC art. 6 (“In the case of occupied territory, the application of the present Convention 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 Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.”).

88 II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 623 (“Mr. CLATTENBURG (United States of America) said that his Delegation would propose an amendment to Article 4 to provide that the Civilians Convention should cease to apply not earlier than one year after the termination of hostilities. It would be noted that the Convention did not define the terms ‘occupied territory’ or ‘military occupation’. It was the view of the United States Delegation that the obligations imposed by the Convention on an Occupying Power should be applicable to the period of hostilities and to the period of disorganization following on the hostilities; these obligations would vary according to the nature and duration of the occupation. Experience had shown that an Occupying Power did, in fact, exercise the majority of the governmental functions in occupied territory. A prolonged military occupation was, however, also characterized by a progressive return of governmental responsibility to local authorities. The Occupying Power should be bound by the obligations of the Convention only during such time as the institutions of the occupied territory were unable to provide for the needs of the inhabitants. The ultimate solution of such problems as revictualling, sanitation and war damage was not the responsibility of the Occupying Power. He quoted the case of the Allied occupation of Germany and Japan to show that the responsibility of the Occupying Powers for the welfare of the local populations was far less at present than during the period immediately following
hostilities.”).

89 AP I art. 3 (“Without prejudice to the provisions which are applicable at all times: (a) The Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol; (b) The application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or reestablishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release, repatriation or re-establishment.”).

90 Refer to § 10.3.4 (Commencement and Duration of Protected Person Status).

91 Refer to § 11.1.3.4 (Occupation and Post-War Situations).

Military Law Overview
Arresting servicemember

Jim Absger, Milkiurary.com, 4 Aug 2021
(https://www.military.com/benefits/military-legal-matters/military-law-overview.html)

The military justice system is based on the Uniform Code of Military Justice (UCMJ), which applies to all branches.

While the UCMJ is similar to civilian law, it is also more strict in several areas. The UCMJ contains everything from a list of crimes and offenses to rules for trials and sentencing.

All active duty personnel, activated reservists & Guard members as well as retirees are subject to the UCMJ at all times. If a military member commits a crime while off-duty that does not involve the military they can still be subject to the UCMJ as well as civilian penalties.

Violation of any of the articles of the UCMJ can bring punishments ranging from loss of privileges to forfeiture of pay, confinement and discharge.

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Chapter 11_Military Occupation

This document provides an overview of the law of military occupation. It discusses key terminology related to military occupation and the different bodies of international law that apply, including the Geneva Conventions and Hague Regulations. The main obligations…

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