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Military occupation, also known as belligerent occupation or simply occupation, is the temporary military control by a ruling power over a sovereign territory that is outside of that ruling power's sovereign territory.[1][2][3][4] The controlled territory is then known as the occupied territory and the ruling power the occupant.[5] Occupation is distinguished from annexation and colonialism by its intended temporary duration.[4][6] While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation.[7]
The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907, the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military scholars provide guidelines on such topics as rights and duties of the occupying power, protection of civilians, treatment of prisoners of war, coordination of relief efforts, issuance of travel documents, property rights of the populace, handling of cultural and art objects, management of refugees, and other concerns which are very important both before and after the cessation of hostilities. A country that establishes an occupation and violates internationally agreed upon norms runs the risk of censure, criticism, or condemnation. In the current era, the practices of occupations have largely become a part of customary international law, and form a part of the laws of war.
Today, the widely accepted definition of occupation is 'the effective control of a power (be it one or more states or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the volition of the sovereign of that territory'
The significance of the temporary nature of military occupation is that it brings about no change of allegiance. Military government remains an alien government whether of short or long duration, though prolonged occupation may encourage the occupying power to change military occupation into something else, namely annexation