11.3.2 Duration of GC Obligations in the Case of Occupied Territory. In the home
territory of parties to the conflict, the application of the GC shall cease on the general close of
military operations.
86
In the case of occupied territory, the application of the GC shall cease one year after the
general close of military operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such State exercises the functions of government in
such territory, by the provisions of the following Articles of the GC:
โข 1 through 12 (general provisions and common articles, e.g., the Protecting Power
continues to function, and the derogation for security reasons continues to apply);
โข 27, 29 through 34 (humane treatment);
โข 47 (preserves rights as against change by annexation or arrangement with the local
authorities so long as occupation lasts);
โข 49 (transfers, evacuation, and deportation);
โข 51, 52 (prohibitions against certain compulsory service and protection of workers);
โข 53 (respect for property);
โข 59, 61 through 63 (facilitating relief programs);
โข 64 through 77 (criminal proceedings); and
โข 143 (access by Protecting Powers and the ICRC).
87
The one-year time limit for the cessation of the application of the GC (apart from the
provisions that continue to apply to the extent that the Occupying Power exercises the functions
of government in occupied territory) was proposed to account for situations like those of
85 Refer to ยง 11.4.2 (Limitations on the Power of the Occupying Power Stemming From Its Lack of Sovereignty
11.3.2 Duration of GC Obligations in the Case of Occupied Territory. In the home territory of parties to the conflict, the application of the GC shall cease on the general close of military operations. 86 In the case of occupied territory, the application of the GC shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such State exercises the functions of government in such territory, by the provisions of the following Articles of the GC: โข 1 through 12 (general provisions and common articles, e.g., the Protecting Power continues to function, and the derogation for security reasons continues to apply); โข 27, 29 through 34 (humane treatment); โข 47 (preserves rights as against change by annexation or arrangement with the local authorities so long as occupation lasts); โข 49 (transfers, evacuation, and deportation); โข 51, 52 (prohibitions against certain compulsory service and protection of workers); โข 53 (respect for property); โข 59, 61 through 63 (facilitating relief programs); โข 64 through 77 (criminal proceedings); and โข 143 (access by Protecting Powers and the ICRC). 87 The one-year time limit for the cessation of the application of the GC (apart from the provisions that continue to apply to the extent that the Occupying Power exercises the functions of government in occupied territory) was proposed to account for situations like those of 85 Refer to ยง 11.4.2 (Limitations on the Power of the Occupying Power Stemming From Its Lack of Sovereignty