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whether this government is legal or not under the laws of the jurisdiction at issue, and whether this
government is formed by natives or by an occupying power. It is usually carried out by military workers.
Military occupation
Martial law
Military dictatorship
Stratocracy
MILITARY OCCUPATION
From the second half of the 18th century onwards, international law has come to distinguish between
the military occupation of a country and territorial acquisition by invasion and annexation.
"Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority
over the territory of the hostile State.” The first two articles of that section state:
Art. 42.
Territory is considered occupied when it is actually placed under the authority of the hostile
army.
The occupation extends only to the territory where such authority has been established and
can be exercised.
Art. 43.
The authority of the legitimate power having in fact passed into the hands of the occupant,
the latter shall take all the measures in his power to restore, and ensure, as far as possible,
public order and safety, while respecting, unless absolutely prevented, the laws in force in
the country.
Example: (1) Japan after WWII. Japan regained its sovereignty with the coming into force of
the San Francisco Peace Treaty on April 28, 1952. In other words, a civil government for
Japan was in place and functioning as of this date.
In the situation of a territorial cession, there must be a formal peace treaty. However, the military
government of the principal occupying power does not end with the coming into force of the
peace treaty.
Example: (1) Puerto Rico after the Spanish–American War. Military government continued in
Puerto Rico past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and
only ended on May 1, 1900 with the beginning of Puerto Rico's civil government.
Example: (2) Cuba after the Spanish–American War. Military government continued in Cuba
past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and only ended
on May 20, 1902 with the beginning of the Republic of Cuba's civil government.
Hence, at the most basic level, the terminology of "legally supplanted" is interpreted to
mean "legally supplanted by a civil government fully recognized by the national (or
"federal") government of the principal occupying power.
The most recent cases of occupation, which took place in the 21st century are the:
MARTIAL LAW
Dunmore's Proclamation declaring Martial law in the proclaimed May 27, 1775, several months after the
beginning of the American Revolutionary War
Martial law is the imposition of direct military control of normal civilian functions of government,
especially in response to a temporary emergency such as invasion or major disaster, or in
an occupied territory.[1][2]
Martial law can be used by governments to enforce their rule over the public. Martial law may be
declared in cases of major natural disasters; however, most countries use a different legal construct,
such as a state of emergency.
MILITARY DICTATORSHIP
A military dictatorship is different from civilian dictatorship for a number of reasons: their motivations
for seizing power, the institutions through which they organize their rule and the ways in which they
leave power. Often viewing itself as saving the nation from the corrupt or myopic civilian politicians, a
military dictatorship justifies its position as "neutral" arbiters on the basis of their membership within
the armed forces. Most military dictatorships are formed after a coup d'état has overthrown the
previous government. In the past, military juntas have justified their rule as a way of bringing political
stability for the nation or rescuing it from the threat of "dangerous ideologies". For example the threat
of communism, socialism, and Islamism was often used. Military regimes tend to portray themselves
as non-partisan, as a "neutral" party that can provide interim leadership in times of turmoil, and also
tend to portray civilian politicians as corrupt and ineffective.
STRATOCRACY
A stratocracy (from στρατός, stratos, "army" and κράτος, kratos, "dominion", "power") is a form of
government headed by military chiefs.[1] It is not the same as a military dictatorship or military
junta where the military's political power is not enforced or even supported by other laws. Rather,
stratocracy is a form of military government in which civil and military service are difficult to
distinguish, where the state and the military are traditionally or constitutionally the same entity, and
that government positions are always occupied by commissioned officers and military leaders.
Citizens with mandatory or voluntary military service, or veterans who have been honorably
discharged, have the right to elect or govern. The military's administrative, judiciary,
and/or legislature powers are supported by law, the constitution, and the society. A stratocracy is
considered a form of meritocracy[citation needed]; it does not necessarily need to
be autocratic or oligarchic by nature in order to preserve its right to rule.