Talk:Military occupation

This is the talk page for discussing improvements to the Military occupation article.
This is not a forum for general discussion of the article's subject.

Put new text under old text. Click here to start a new topic.
New to Wikipedia? Welcome! Learn to edit; get help.

Article policies

Find sources: Google (books · news · scholar · free images · WP refs) · FENS · JSTOR · TWL

Archives: 1: 91 days

Military history: Technology

This article is within the scope of the Military history WikiProject. If you would like to participate, please visit the project page, where you can join the project and see a list of open tasks. To use this banner, please see the full instructions.Military historyWikipedia:WikiProject Military historyTemplate:WikiProject Military historymilitary history articles

This article has been checked against the following criteria for B-class status:
Referencing and citation: criterion not met Coverage and accuracy: criterion met Structure: criterion met Grammar and style: criterion met Supporting materials: criterion met

Associated task forces:
/
	Military science, technology, and theory task force

International relations: Law High‑importance

	This article is within the scope of WikiProject International relations, a collaborative effort to improve the coverage of International relations on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.International relationsWikipedia:WikiProject International relationsTemplate:WikiProject International relationsInternational relations articles
High	This article has been rated as High-importance on the project's importance scale.
	This article is supported by WikiProject International law (assessed as Mid-importance).

Warning: active arbitration remedies

The contentious topics procedure applies to this article. Parts of this article relate to the Arab–Israeli conflict, which is a contentious topic. Furthermore, the following rules apply when editing the parts of the page related to the contentious topic:

You must be logged-in and extended-confirmed to edit or discuss this topic on any page (except for making edit requests, provided they are not disruptive)
You may not make more than 1 revert within 24 hours on any edits related to this topic

Editors who repeatedly or seriously fail to adhere to the purpose of Wikipedia, any expected standards of behaviour, or any normal editorial process may be blocked or restricted by an administrator. Editors are advised to familiarise themselves with the contentious topics procedures before editing this page.

If it is unclear which parts of the page are related to this contentious topic, the content in question should be marked within the wiki text by an invisible comment. If no comment is present, please ask an administrator for assistance. If in doubt it is better to assume that the content is covered.

Further information

The exceptions to the extended confirmed restriction are:

Non-extended-confirmed editors may use the "Talk:" namespace only to make edit requests related to articles within the topic area, provided they are not disruptive.
Non-extended-confirmed editors may not create new articles, but administrators may exercise discretion when deciding how to enforce this remedy on article creations. Deletion of new articles created by non-extended-confirmed editors is permitted but not required.

With respect to the WP:1RR restriction:

Clear vandalism of whatever origin may be reverted without restriction. Also, reverts made solely to enforce the extended confirmed restriction are not considered edit warring.
Editors who violate this restriction may be blocked by any uninvolved administrator, even on a first offence.

After being warned, contentious topics procedure can be used against any editor who repeatedly or seriously fails to adhere to the purpose of Wikipedia, any expected standards of behaviour, or any normal editorial process. Contentious topic sanctions can include blocks, topic-bans, or other restrictions.
Editors may report violations of these restrictions to the Arbitration enforcement noticeboard.

If you are unsure if your edit is appropriate, discuss it here on this talk page first. When in doubt, don't revert!

Tibet[edit]

Tibet is included in both the occupations and disputed occupations lists, I removed it from the occupations list because of the reason stated at the top of this page. Say1988 02:33, 25 March 2005 (UTC)

First paragraph of body[edit]

I propose the following revision to the first paragraph in the body of the article to give a better sense of how land and property dominated by combat were handled before the 18th century, and to present brief historic and modern conceptualizations of occupation. (I provided an extended section of Benvenisti's source I quoted, because the entire source paragraph does a great job explaining the underlying relationships of occupation.) This revision removes mention of the Napoleonic wars, since they aren't mentioned in the source. Any feedback?

A dominant principle that guided combatants through much of history was "to the victory belong the spoils".^[1] Emerich de Vattel, in The Law of Nations (1758), presented an early codification of the distinction between annexation of territory and military occupation, the latter being regarded as temporary, due to the natural right of states to their "continued existence".^[1] According to Eyal Benvenisti's The International Law of Occupation, Second Edition (2012), "The foundation upon which the entire [modern] law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, [and from this principle] springs the basic structural constraints that international law imposes upon the occupant."^[2]

Dotyoyo (talk) 06:46, 19 April 2024 (UTC)[reply]

References

^ ^a ^b Cole, Babaloba (1974). "Property and the Law of Belligerent Occupation: A Reexamination". World Affairs. 137 (1): 66–85. JSTOR 20671544.
^ Benvenisti, Eyal (2012). The International Law of Occupation, Second Edition. Great Clarendon Street, Oxford OX2 6DP, United Kingdom: Oxford University Press. p. 6. ISBN 978-0-19-958889-3. The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself a valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. From the principle of inalienable sovereignty over a territory springs the basic structural constraints that international law imposes upon the occupant. The occupying power is thus precluded from annexing the occupied territory or otherwise unilaterally changing its political status; instead, it is bound to respect and maintain the political and other institutions that exist in that territory for the duration of the occupation. The law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect the life and property of the inhabitants and to respect the sovereign interests of the ousted government.{{cite book}}: CS1 maint: location (link)

I applied this change to the article on 2024-04-25. Dotyoyo (talk) 01:59, 28 April 2024 (UTC)[reply]

[cole1974-1] Cole, Babaloba (1974). "Property and the Law of Belligerent Occupation: A Reexamination". World Affairs. 137 (1): 66–85. JSTOR 20671544.

[2] Benvenisti, Eyal (2012). The International Law of Occupation, Second Edition. Great Clarendon Street, Oxford OX2 6DP, United Kingdom: Oxford University Press. p. 6. ISBN 978-0-19-958889-3. The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself a valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. From the principle of inalienable sovereignty over a territory springs the basic structural constraints that international law imposes upon the occupant. The occupying power is thus precluded from annexing the occupied territory or otherwise unilaterally changing its political status; instead, it is bound to respect and maintain the political and other institutions that exist in that territory for the duration of the occupation. The law authorizes the occupant to safeguard its interests while administering the occupied area, but also imposes obligations on the occupant to protect the life and property of the inhabitants and to respect the sovereign interests of the ousted government.{{cite book}}: CS1 maint: location (link)

[1]

[2]