Abstract
Abstract This chapter deals with the law of belligerent occupation. When the territory of an enemy belligerent is invaded in the course of an armed conflict, the establishment of de facto control triggers the application of the law of occupation. This means, inter alia, that the Occupying Power is responsible for ‘public order and safety’ in the occupied territory, among others, by establishing some kind of permanent set-up for its administration. The chapter assesses the legal issues involved in this type of territorial administration. International law must accommodate conflicting interests: the interests of the state whose territorial control has been displaced by a foreign army, at least for the time being, the interest of the Occupying Power, and the interests of the population which needs adequate living conditions and may be torn between the two states. The latter interest imposes on the Occupying Power a duty of good governance.
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