Most people believe that occupation is the entry of foreign troops into the territory of a sovereign state, all or part of it. Based on this view, many politicians make high-profile statements, disturbing public opinion and simultaneously increasing their own popularity among voters. Ordinary citizens listen to them and draw their conclusions. How true are they?
Geneva Convention
Each of the cases of the use of armed forces outside the country (any) can be classified in accordance with international law, in particular the 1927 Geneva Convention . This international document provides a clear definition of what occupation is and how it differs, for example, from intervention or peacekeeping operations. The Convention indicates what actions foreign troops have the right to carry out in the occupied territories, and what they are forbidden to do. Of course, in the conditions of a modern war, which is, as a rule, total in nature, the rules of civilized behavior of the army are most often violated. An international agreement only indicates the ideal course of action that the command should strive for if it wishes to avoid criminal prosecution after the end of hostilities. Of course, in case of defeat. The winners, as everyone knows, are not judged.
The meaning of the word "occupation"
In Latin and other languages there are words "occupatio, occupation" and other derivatives with similar sound and root. They mean "occupation", and in all senses of the Russian translation. They are engaged in some business, borrow money (borrow) and the territory too - they do not seize, but occupy. Based on this, according to the Geneva Convention, occupation is a temporary presence of foreign armed groups in the territory of the state. Since each aggressor at the time of the attack is set up mainly for his eternal dominance, he does not consider himself an invader, finding excuses for his actions. If the military campaign succeeds, the territory becomes an incorporated part of the state that carried out its military capture. Especially if a large part of its population does not object to this state of affairs. It should be noted that only the territory (or part of it) of the state with which the war is being fought can be occupied.
What can occupiers
Normal occupation is a temporary and often forced situation, therefore, one should not rush to extend the jurisdiction of the country that exercised it to the controlled territory. If the movable property of a hostile state or its tangible assets (cash, debt, etc.) are necessary for the continuation of hostilities, then they are subject to confiscation.
It is possible to relocate the local population, but only if it is required to ensure its safety in the situation of predicted or upcoming military operations.
Administrative management in the occupied territory is carried out by the occupation command. Criminal law remains the same, with the exception of those articles that contradict the norms of the state that carried out the occupation.
It is possible to force one to work only in order to ensure normal conditions for the life of the population, or if the armed forces, which carried out the occupation, need it. This is the most controversial clause of the convention, allowing a very free interpretation, although there is a clarifying clause. The local population should not work on the construction of defense structures.
What the occupiers should not do
If we compare the provisions of the Geneva Convention with the actual implementation of its articles in the course of military conflicts that occurred in the 20th and 21st centuries, we can only be surprised at the deplorable fact that not one of them went without numerous fundamental and gross violations.
Forcing the local population to issue defense information is prohibited. Life, honor, health, property and the right to religious worship are inviolable. You can’t force anyone to fight against their compatriots.
Destruction, destruction or damage to buildings, forests, farmland, monuments of culture, art, institutions of science and education, church institutions is also impossible. Driving the population (deporting) to the territory of its power is also strictly prohibited by the Geneva Convention.
It is impossible to intervene in the work of the local judiciary.
This is what occupation is in the civilized sense of the word. So far, no one has seen her like that ...