Occupied territory

An occupied territory is a region that has been taken over by a sovereign power after a military conquest (see military occupation). In most cases the period of occupation is temporary, pending the signing of a peace treaty, the resolution of specific conditions outlined in a peace treaty, or the formation of a new government.

Examples of occupied territories include Germany and Japan after World War II; the Sinai Peninsula (from 1967 until 1979), and the Golan Heights; Cambodia by Vietnam from 1979 until 1989; and Iraq after the fall of the government of Saddam Hussein.

However, strictly speeking, neither Gaza Strip (before or until 2005), nor West Bank (since 1967), have ever been "territories" or "regions" "occupied" by Israel, from the standpoint of International Law. And the legal reason is simple: the "boarder" were soverign Israel ends and the alleged occupied regions or territories begin have not been defined. The mandate of Palestine was created not by the Balfour Declaration but by the League of Nations. And the state of Israel was created, or recognized, by the United Nation. The West Bank had been "occupied"--but only until 1967, when it was "liberated" from Jordan--by Israel. Jordan had illegally occupied West Bank, and even incoporated the land into its own state. But this was only recognized by two other states at the time. Jordan was a "soverign power" which, through military conquest and occupation, in 1948/1949, took over the region of the West Bank. However, since the borders of Israel (which would separate it from these two regions or territories) have never been defined, Israel was not, and is not, an "occupying power" of Palestinian land--not as far as the law defined by the Mandate for Palestine is concerned. Accordingly, these two regions where Paletinians live are no more "occupied" than Tel Aviv is. So when Hamas speaks of "occupied" Palestinian land--it means "all" of Israel. And rightly so--for there is no difference to be made until the parties involved come to an peaceful agreement defining where, if anywhere, the international boarder of Israel is.

History and definitions

Most nations in the world are in some way an occupier of a previous inhabitant's land. Generally, any disputed territory can be seen as occupied by the party that lacks control over it at that moment. Thus, the Germanic tribes displaced the Celtic population of Europe; Egypt was conquered and absorbed in the 7th century by Arabs who were not its original population. This is particularly true of the region between Egypt and Turkey where repeated population movements and military conquests have occurred during the past several thousand years. See Occupation of Palestine.

Additionally, occupation has two distinct meanings:

1. The state of being lived in (as in: "Isle of Man is occupied by the Manx", or this house is occupied by the Smith family);
2. The state of military control following conquest by war.

Although (1) and (2) are obviously distinct, they are sometimes intermingled. Under (1), the territory in question is under normal civilian law; under (2) the territory is usually under military law within the terms of the Laws of war, such as the Fourth Geneva Convention.

Occupied territories since 1907

For a list of occupied territories since since the Hague Convention of 1907 Laws and Customs of War on Land (Hague IV); October 18, 1907 first clarified and supplemented the customary laws of belligerent military occupation see the list of military occupations and the list of territorial disputes...