military government, rule of enemy territory under military occupation. It is distinguished from martial law, which is the temporary rule by domestic armed forces over disturbed areas. The practices of military government were standardized before World War I, notably at the Hague Conferences (1899, 1907) and form a part of the laws of war (see war, laws of).

During and after World War II, vast territories came under military government. During the war, Germany administered occupied countries through a hierarchy of Kommandaturen [military government headquarters], but this normal army administration was often duplicated by civilian economic agencies and Gestapo personnel. In France, Norway, Greece, and Serbia, local puppet governments were authorized to operate under German control; Belgium and NE France were under purely military government; in Eastern Europe, authority was concentrated in 1941 in the ministry for eastern occupied territories. German military government often violated the rules laid down by the Hague Conventions.

Allied Military Government (AMG) began to function in Sicily and in Italy in 1943; it sought to utilize local civilian authorities to the widest possible extent. When operating in Allied territory, such as France, AMG became Civil Affairs and was limited to combat areas. After the termination of military operations, Germany and Austria were divided (1945) into four occupation zones and military government was reorganized. At first it was subject in general policy to the authority of the U.S.-Soviet-British-French Allied Control Councils in Berlin and Vienna. In time, the growing dissension between the Western powers and the USSR led to the breakdown of the quadripartite system in Germany and in Berlin. The British, French, and American zones were soon amalgamated for most purposes and ultimately became the state of West Germany; in opposition to them stood the Soviet zone, which later became the East German state.

In Austria and Vienna disharmony was less evident, and military control ended in 1955 with the signing of a peace treaty between Austria and the four Allied occupying powers. In Japan, military government became a solely American responsibility, though subject to suggestions of an 11-power Allied council. It was ended by the signing of the peace treaty with Japan (1951).

In response to the experiences of World War II, a new convention covering military occupation was signed in Geneva in 1949. In recent years, the most prominent military occupation of a region has been that by Israeli forces of the West Bank and Gaza Strip.

Administration of territory by an occupying power. The definition does not cover military forces stationed in neutral or friendly territory that share administrative responsibilities with local civil authorities. Military government must also be distinguished from military law and martial law. Its control lasts until it either gives up power voluntarily or is overthrown. The term is popularly used for rule of a country by its own military, whether it comes to power through a coup d'état or is the legitimate governing body.

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Military government can refer to conditions under either

• Military occupation, or
• Military dictatorship

Military Government

Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.

The Hague Conventions of 1907 specify that "territory is considered occupied when it is actually placed under the authority of the hostile army." The form of administration by which an occupying power exercises government authority over occupied territory is called "military government."

Neither the Hague Conventions nor the Geneva Conventions specifically define or distinguish an act of "invasion." The terminology of "occupation" is used exclusively.

Beginning of Military Government

There does not have to be a formal announcement of the beginning of "military government," nor is there any requirement of a specific number of people to be in place, or "on site" before military government can be said to have commenced.

See Birkhimer, p. 25 - 26

No proclamation of the part of the victorious commander is necessary to the lawful inauguration and enforcement of military government. That government results from the fact that the former sovereignty is ousted, and the opposing army how has control. Yet the issuing such proclamation is useful as publishing to all living in the discrict occupied those rules of conduct which will govern the conqueror in the exercise of his authority. Wellington, indeed, as previously mentioned, said that the commander is bound to lay down distinctly the rules according to which his will is to be carried out. But the laws of war do not imperatively require this, and in very many instances it is not done. When it is not, the mere fact that the country is militarily occupied by the enemy is deemed sufficient notification to all concerned that the regular has been supplanted by a military government.

The Occupying Power

The terminology of "the occupying power" as spoken of in the laws of war is most properly rendered as "the principal occupying power," or alternatively as "the (principal) occupying power." This is because the law of agency is always available.

Explanatory Notes: When the administrative authority for the military occupation of particular areas is delegated to other troops, a "principal -- agent" relationship is in effect.

The conqueror is the principal occupying power.

End of Military Government

RULE: Military Government continues until legally supplanted.

This is explained as follows. For the situation where no territorial cession is involved, the military government of the principal occupying power will end with the coming into force of the peace settlement.

Example: (1) Japan after WWII. Japan regained its sovereignty with the coming into force of the San Francisco Peace Treaty on April 28, 1952. In other words, a civil government for Japan was in place and functioning as of this date.

In the situation of a territorial cession, there must be a formal peace treaty. However, the military government of the principal occupying power does not end with the coming into force of the peace treaty.

Example: (1) Puerto Rico after the Spanish-American War. Military government continued in Puerto Rico past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and only ended on May 1, 1900 with the beginning of Puerto Rico's civil government.

Example: (2) Cuba after the Spanish-American War. Military government continued in Cuba past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and only ended on May 20, 1902 with the beginning of the Republic of Cuba's civil government.

Hence, at the most basic level, the terminology of "legally supplanted" is interpreted to mean "legally supplanted by a civil government fully recognized by the national (or "federal") government of the principal occupying power."

See also

• Law of occupation

References

• Military Government and Martial Law, by William E. Birkhimer, third edition, revised (1914), Kansas City, Missouri, Franklin Hudson Publishing Co.
• FM 27-10 "The Law of Land Warfare," DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., 18 July 1956. (This manual supersedes FM 27-10, 1 October 1940, including C 1, 15 November 1944. Changes required on 15 July 1976, have been incorporated within this document.) Chapter 6, OCCUPATION