International humanitarian law stipulates that the definition of occupation only extends to territories where such authority has been established and can be exercised (H.IV Art. This definition takes into account the effective control of the territory by a hostile authority and seeks to regulate the responsibility of such an authority. These are very old regulations that, according to the International Court of Justice, have acquired the status of international customary law (infra Jurisprudence). Section III of the regulations details the rights and obligations of the military authority over enemy territory (Arts. The definition still in force and commonly used nowadays is the one contained in the Regulations Concerning the Laws and Customs of War on Land annexed to the Fourth Hague Convention of 18 August 1907 (H.IV). The definition of occupation and the obligations of the occupying power were initially codified at the end of the nineteenth century. In international law, a territory is considered “occupied” when it is actually placed under the authority of the hostile army.
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