How do international bodies define "occupied territory" under international law?
Executive summary
International bodies define "occupied territory" under established international humanitarian law primarily by reference to effective control: territory is occupied when it is actually placed under the authority of a foreign hostile army and that authority can be exercised on the ground [1] [2]. This status is governed by the Hague Regulations of 1907 and the Fourth Geneva Convention of 1949, and is treated as a form of international armed conflict that triggers special protections and duties for the occupying power [1] [2].
1. The canonical definition: Article 42 and the Hague/ Geneva framework
The baseline legal definition used by courts and UN bodies traces to Article 42 of the 1907 Hague Regulations: “territory is considered occupied when it is actually placed under the authority of the hostile army” and occupation extends only to territory where