Military Government - The Occupying Power

The Occupying Power

The terminology of "the occupying power" as spoken of in the laws of war is most properly rendered as "the principal occupying power," or alternatively as "the (principal) occupying power." This is because the law of agency is always available.

Explanatory Notes: When the administrative authority for the military occupation of particular areas is delegated to other troops, a "principal -- agent" relationship is in effect.

The conqueror is the principal occupying power.

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