Page 767: Footnote 74 > 74 1956 FM 27-10 (Change No. 1 1976) ¶357 (“In a strict legal sense no proclamation of military occupation is
necessary. However, on account of the special relations established between the inhabitants of the occupied territory
and the occupant by virtue of the presence of occupying forces, the fact of military occupation, with the extent of
territory affected, should be made known. The practice of the United States is to make this fact known by
proclamation.”); 1914 RULES OF LAND WARFARE ¶292 (“In a strict legal sense no proclamation of military
occupation is necessary. On account of the special relations established between the inhabitants of the occupied territory and the occupant, by virtue of the presence of the invading force, the fact of military occupation, with the
extent of terrritorry [sic] affected by the same, should be made known. The practice in this country is to make this
fact known by proclamation.”); LIEBER CODE art. 1 (“A place, district, or country occupied by an enemy stands, in
consequence of the occupation, under the Martial Law of the invading or occupying army, whether any
proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law
is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army
proclaims its Martial Law.”).<
In Roman times, before invading a territory, the officials of Rome had to shout a declaration of war listing the grievances across the border. I am fuzzy on the details but the idea was that you had to announce your intentions and give notice.
This is the best part, the FOOT NOTE...this means MARTIAL IS ALREADY ENACTED and has been since the IRAQ WAR PEDES PAGE 749
75 For example, Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied Iraq
Under the Fourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 37
(“Applying this standard, the United States became an occupying power no later than April 16, 2003, the date on
which General Tommy Franks announced the creation of the ‘Coalition Provisional Authority to exercise powers of
government temporarily, and as necessary, especially to provide security, to allow the delivery of humanitarian aid
and to eliminate weapons of mass destruction.’ See Tommy R. Franks, Freedom Message to the Iraqi People (Apr.
16, 2003)”); The Venice, 69 U.S. 258, 276 (1865) (“The transports conveying the troops under the command of
Major-General Butler, commanding the Department of the Gulf, arrived on the 1st of May, and the actual
occupation of the city was begun. There was no armed resistance, but abundant manifestations of hostile spirit and
temper both by the people and the authorities. The landing of the troops was completed on the 2d of May, and on
the 6th a proclamation of General Butler, which had been prepared and dated on the 1st, and the next day printed by
some soldiers, in an office seized for the purpose, was published in the newspapers of the city. Some copies of the
proclamation had been previously distributed to individuals, but it was not made known to the population generally
until thus published. There was no hostile demonstration, and no disturbance afterwards; and we think that the
military occupation of the city of New Orleans may be considered as substantially complete from the date of this
publication; and that all the rights and obligations resulting from such occupation, or from the terms of the
proclamation, may be properly regarded as existing from that time. This proclamation declared the city to be under
martial law, and announced the principles by which the commanding general would be guided in its
administration.”).
WOW...we are still UNDER MARTIAL LAW FOLKS...no need to declare it.
Page 767: Footnote 74 > 74 1956 FM 27-10 (Change No. 1 1976) ¶357 (“In a strict legal sense no proclamation of military occupation is necessary. However, on account of the special relations established between the inhabitants of the occupied territory and the occupant by virtue of the presence of occupying forces, the fact of military occupation, with the extent of territory affected, should be made known. The practice of the United States is to make this fact known by proclamation.”); 1914 RULES OF LAND WARFARE ¶292 (“In a strict legal sense no proclamation of military occupation is necessary. On account of the special relations established between the inhabitants of the occupied territory and the occupant, by virtue of the presence of the invading force, the fact of military occupation, with the extent of terrritorry [sic] affected by the same, should be made known. The practice in this country is to make this fact known by proclamation.”); LIEBER CODE art. 1 (“A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law.”).<
"whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not"
In Roman times, before invading a territory, the officials of Rome had to shout a declaration of war listing the grievances across the border. I am fuzzy on the details but the idea was that you had to announce your intentions and give notice.
?Like when Michael Scott declared bankruptcy!!
This is the best part, the FOOT NOTE...this means MARTIAL IS ALREADY ENACTED and has been since the IRAQ WAR PEDES PAGE 749
75 For example, Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied Iraq Under the Fourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 37 (“Applying this standard, the United States became an occupying power no later than April 16, 2003, the date on which General Tommy Franks announced the creation of the ‘Coalition Provisional Authority to exercise powers of government temporarily, and as necessary, especially to provide security, to allow the delivery of humanitarian aid and to eliminate weapons of mass destruction.’ See Tommy R. Franks, Freedom Message to the Iraqi People (Apr. 16, 2003)”); The Venice, 69 U.S. 258, 276 (1865) (“The transports conveying the troops under the command of Major-General Butler, commanding the Department of the Gulf, arrived on the 1st of May, and the actual occupation of the city was begun. There was no armed resistance, but abundant manifestations of hostile spirit and temper both by the people and the authorities. The landing of the troops was completed on the 2d of May, and on the 6th a proclamation of General Butler, which had been prepared and dated on the 1st, and the next day printed by some soldiers, in an office seized for the purpose, was published in the newspapers of the city. Some copies of the proclamation had been previously distributed to individuals, but it was not made known to the population generally until thus published. There was no hostile demonstration, and no disturbance afterwards; and we think that the military occupation of the city of New Orleans may be considered as substantially complete from the date of this publication; and that all the rights and obligations resulting from such occupation, or from the terms of the proclamation, may be properly regarded as existing from that time. This proclamation declared the city to be under martial law, and announced the principles by which the commanding general would be guided in its administration.”).
WOW...we are still UNDER MARTIAL LAW FOLKS...no need to declare it.