ABSTRACT

A State does not have an unfettered discretion to treat the inhabitants and natural resources of territory it occupies at will, but rather its powers are tightly regulated. An occupant is not the sovereign of the territory it occupies, but merely a temporary administrator and thus it lacks the right to deplete the territory of its resources and other property. On the contrary, the occupant may only use these to meet the requirements of the local population and the occupying forces. In particular, the occupant may not exploit the wealth of the territory to benefit its own economy or, for that matter, the furtherance of its war aims. The broad aim of the rules governing an occupant’s use of property and natural resources located in occupied territory is to remove an economic incentive to war and the prolongation of occupation once hostilities have ceased.