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By Peter M.R. Stirk

Case reviews comprise: Occupier/Occupied: usa and the Mexican Territory (1846 to 1848); accomplice states in the course of the Civil warfare; Germany and France from 1870 to 1871; Egypt from 1882 to 1954; Cuba on the finish of the 19th century; Haiti and the Philippines within the 20th century; Rhineland after global warfare I; Italy, Germany, France, Poland, Norway, the Netherlands, and North Africa in the course of global struggle II; South Korea; Iraq at either the tip of the 20th century and the start of the twenty-first; and Israel, the West financial institution, and Gaza. (6/1/10)

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Yet, the inhabitants of the Confederate states clearly believed that they owed allegiance to those states and Union practice, in continuing what amounted to military government under the Reconstructions Acts, contained implicit recognition of that fact. Such inconsistencies are, perhaps, inevitable in circumstances like those of the American Civil War. Nevertheless, the response of American courts and commentators to that war and the nature of military government did help to separate out military government as 35 the politics of military occupation a distinct form of government.

7. Henri Bonfils, Droit International Public (Paris: Rousseau, 1894), p. 642. 8. Jean Louis Klüber, Droit des Gens Moderne de l’Europe (Stuttgart: Gotta, 1819), p. 402; August Wilhelm Heffter [1844], Das Europäische Völkerrecht der Gegenwart, ed. Heinz Geffecken (Berlin: Müller, 1888), p. 288. 9. Robert Phillimore, Commentaries upon International Law, vol. 3, part 27 the politics of military occupation 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 2 (London: Butterworths, 1885), p.

Both involve the wide exercise of discretion and often invoke considerations of necessity. Both are regarded as temporary states of affairs. Yet such analogies gloss over the inescapable fact that the military commander of an occupation force represents an alien power. That is clear in the repeated insistence that the military commander must give priority to interests, typically the safety of his own forces and usually other considerations such as the prosecution of a war, that are far from being the same as those of occupied populations.

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