11.3.2 Duration of GC Obligations in the Case of Occupied Territory. In the home
territory of parties to the conflict, the application of the GC shall cease on the general close of
military operations.
86
In the case of occupied territory, the application of the GC shall cease one year after the
general close of military operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such State exercises the functions of government in
such territory, by the provisions of the following Articles of the GC:
• 1 through 12 (general provisions and common articles, e.g., the Protecting Power
continues to function, and the derogation for security reasons continues to apply);
• 27, 29 through 34 (humane treatment);
• 47 (preserves rights as against change by annexation or arrangement with the local
authorities so long as occupation lasts);
• 49 (transfers, evacuation, and deportation);
• 51, 52 (prohibitions against certain compulsory service and protection of workers);
• 53 (respect for property);
• 59, 61 through 63 (facilitating relief programs);
• 64 through 77 (criminal proceedings); and
• 143 (access by Protecting Powers and the ICRC).
87
The one-year time limit for the cessation of the application of the GC (apart from the
provisions that continue to apply to the extent that the Occupying Power exercises the functions
of government in occupied territory) was proposed to account for situations like those of Germany and Japan after World War II.
88 AP I provides that the 1949 Geneva Conventions and
AP I shall cease to apply, in the case of occupied territories, on the termination of the
occupation;89 coalition partners that are Occupying Powers and Parties to AP I would be bound
by this rule.
In any case, individuals entitled to GC protection who remain in the custody of the
Occupying Power following the end of occupation retain that protection until their release,
repatriation, or re-establishment.
90 In addition, it may be appropriate following the end of
occupation to continue to apply by analogy certain rules from the law of belligerent occupation,
even if such rules do not apply as a matter of law.
territory of parties to the conflict, the application of the GC shall cease on the general close of
military operations.
86
In the case of occupied territory, the application of the GC shall cease one year after the
general close of military operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such State exercises the functions of government in
such territory, by the provisions of the following Articles of the GC:
• 1 through 12 (general provisions and common articles, e.g., the Protecting Power
continues to function, and the derogation for security reasons continues to apply);
• 27, 29 through 34 (humane treatment);
• 47 (preserves rights as against change by annexation or arrangement with the local
authorities so long as occupation lasts);
• 49 (transfers, evacuation, and deportation);
• 51, 52 (prohibitions against certain compulsory service and protection of workers);
• 53 (respect for property);
• 59, 61 through 63 (facilitating relief programs);
• 64 through 77 (criminal proceedings); and
• 143 (access by Protecting Powers and the ICRC).
87
The one-year time limit for the cessation of the application of the GC (apart from the
provisions that continue to apply to the extent that the Occupying Power exercises the functions
of government in occupied territory) was proposed to account for situations like those of Germany and Japan after World War II.
88 AP I provides that the 1949 Geneva Conventions and
AP I shall cease to apply, in the case of occupied territories, on the termination of the
occupation;89 coalition partners that are Occupying Powers and Parties to AP I would be bound
by this rule.
In any case, individuals entitled to GC protection who remain in the custody of the
Occupying Power following the end of occupation retain that protection until their release,
repatriation, or re-establishment.
90 In addition, it may be appropriate following the end of
occupation to continue to apply by analogy certain rules from the law of belligerent occupation,
even if such rules do not apply as a matter of law.