Rules of War

Although an occupying power may exercise dominion over a conquered nation and acquires actual authority to administer the law, complete sovereignty is not transferred until a treaty or other settlement has been reached. An occupying power is not bound by the constitution or laws of the territory occupied, but it is prohibited from altering them except in cases of military necessity. Inhabitants owe no duty of allegiance to an occupying power during a state of MARTIAL LAW.

Occupation is an important aim of warfare, enabling a belligerent to exploit an enemy's resources and deny them to a foe. The occupying power may seize any governmental property that is necessary for military operations but may not sell public land or buildings. Municipalities and institutions dedicated to religion, charity, education, arts, and sciences are exempt from seizure. The status of public officials, including members of the judiciary, cannot be changed by the occupying power, although officials can be removed for misconduct or asked to retire. Any system of public education must be allowed to continue.

Taxes may be collected from local residents, but the basic tax structure should remain intact. The occupying power is not permitted to destroy private property, except in cases of military necessity, and must fairly compensate individuals from whom it confiscates personal belongings. The occupying power may require private residents to house its troops, but the troops must honor familial rights, religious practices, and other customs in the community. In response to military occupation, allies of the conquered nation may freeze its assets or establish a naval blockade around the occupied territory.