11.2.2 Standard for Determining When Territory Is Considered Occupied. Territory is
considered occupied when it is actually placed under the authority of the hostile forces.
54
This standard for when the law of belligerent occupation applies is reflected in Article 42
of the Hague IV Regulations and is regarded as customary international law.55
11.2.2.1 “Actually Placed” – Effectiveness of Occupation. Military occupation
must be actual and effective; that is, the organized resistance must have been overcome, and the
Occupying Power must have taken measures to establish its authority.
56
It is sufficient that the occupying force can, within a reasonable time, send detachments
of forces to enforce its authority within the occupied district. Military occupation does not
require the presence of military forces in every populated area, although the occupying force
must, inter alia, control the most important places.57. <<<<<<<< (looks like the standard for occupation has been met)
The Occupying Power may not enter into any special agreements that would adversely
affect the situation of protected persons, as defined by the GC, nor restrict the rights that the GC
confers upon them.120
Is that why the military couldn't rush in while Trump was in the White House? Because he was a "protected person"? Which effectively tied their hands?
I don't think so. DC wasn't considered under the authority of hostile forces while Trump was President. But now that Biden is President it is. And since Biden has not dismissed the NG troops, the requirements of 11.2.2.1 have been satisfied.
11.6.2 Overview of Additional Protections for the Population That Are Specific to
Occupation. There are a number of protections for the population of occupied territory that are
specific to occupation. For example, specific provision exists for the protection of children in
occupied territory.112
Makes you wonder what's going to happen to Comet Ping Pong Pizza ... I hear they threw a wild celebratory party last night. I wonder who was on the menu .... and I pray that some badass Operators saved them.
11.2.2 Standard for Determining When Territory Is Considered Occupied. Territory is considered occupied when it is actually placed under the authority of the hostile forces. 54 This standard for when the law of belligerent occupation applies is reflected in Article 42 of the Hague IV Regulations and is regarded as customary international law.55 11.2.2.1 “Actually Placed” – Effectiveness of Occupation. Military occupation must be actual and effective; that is, the organized resistance must have been overcome, and the Occupying Power must have taken measures to establish its authority. 56 It is sufficient that the occupying force can, within a reasonable time, send detachments of forces to enforce its authority within the occupied district. Military occupation does not require the presence of military forces in every populated area, although the occupying force must, inter alia, control the most important places.57. <<<<<<<< (looks like the standard for occupation has been met)
The Occupying Power may not enter into any special agreements that would adversely affect the situation of protected persons, as defined by the GC, nor restrict the rights that the GC confers upon them.120
Is that why the military couldn't rush in while Trump was in the White House? Because he was a "protected person"? Which effectively tied their hands?
I don't think so. DC wasn't considered under the authority of hostile forces while Trump was President. But now that Biden is President it is. And since Biden has not dismissed the NG troops, the requirements of 11.2.2.1 have been satisfied.
Thanks for the clarification.
11.6.2 Overview of Additional Protections for the Population That Are Specific to Occupation. There are a number of protections for the population of occupied territory that are specific to occupation. For example, specific provision exists for the protection of children in occupied territory.112
Makes you wonder what's going to happen to Comet Ping Pong Pizza ... I hear they threw a wild celebratory party last night. I wonder who was on the menu .... and I pray that some badass Operators saved them.
Could be the path to take down Podesta.
In certain cases, a protected person’s rights of communication under the GC may be forfeited for security reasons. 122
Is that why we haven't heard from so many of the swamp creatures recently?
Thank you for those great observations. Now it makes sense why Joe Biden was sworn in.