https://www.loc.gov/rr/frd/Military_Law ... ffairs.pdf
United States Army and Navy Manual of
MILITARY GOVERNMENT AND CIVIL AFFAIRS
22 December, 1943
FM 27-5
SECTION I
GENERAL
1. MILITARY GOVERNMENT -- CIVIL AFFAIRS.
a. Military Government. The term “military government”
is used in this manual to describe the supreme
authority exercised by an armed force over the lands,
property, and the inhabitants of enemy territory, or allied
or domestic territory recovered from enemy occupation, or
from rebels treated as belligerents. It is exercised when an
armed force has occupied such territory, whether by force
or by agreement, and has substituted its authority for that
of the sovereign or a previous government. Sovereignty is
not transferred by reason of occupation, but the right of
control passes to the occupying force, limited only by international
law and custom. The theater commander bears
full responsibility for military government. He is, therefore,
usually designated as military governor, but may
delegate both his authority and title to a subordinate
commander.
b. Occupied Territory. The term “occupied territory”
is used to mean any area in which military government
is exercised by an armed force. It does not include
territory in which an armed force is located but has not
assumed supreme authority.
c. Civil Affairs. The term "civil affairs" is used to
describe the activities of the government of the occupied
area and of the inhabitants of such an area except those of
an organized military character. "Civil affairs control"
describes the supervision of the activities of civilians by an
armed force, by military government, or otherwise. The
term "civil affairs officers" designates the military officers,
who, under the military governor, are engaged in the control
of civilians.
. . . .
(could eliminate para. 2)
2. MILITARY CONTROL BY AGREEMENT OR CONVENTION. An armed force
may exercise control over
civilians to a lesser degree than under military government
through grant of, or agreement with, the recognized government
of the territory in which the force is located,
usually made prior to entering the territory, but subject to
modification by the government and the military commander
as circumstances require. In such casts military
necessity has not required the assumption of supreme
authority by the armed forces, but limited control over
civilians is exercised in accord with these grants, or agreements
and the territory is not considered "occupied."
While this manual is primarily intended as a guide to
military government, some of the principles set forth may be
applied in these other situations as circumstances indicate.
3. OCCASION FOR MILITARY GOVERNMENT. Military
government must be established either by reason of
military ‘necessity as a right under international law, or as
an obligation under international law. In this connection,
attention should be given to the following considerations:
a. Military necessity may require an armed force to
establish military government to assist in the accomplishment
of its military objective. The right in such cases is
recognized by international law.
b. As the military occupation of enemy territory suspends
the operation of the enemy's civil government, it is an
obligation under international law for the occupying force
to exercise the functions of civil government in the restoration
and maintenance of public order. Military government
is the organization which exercises these functions.
An armed force in territory other than that of an enemy
likewise has the duty of establishing military government
when the government thereof is absent or unable to
maintain order.
c. These reasons, concurrently as well as singly, may
dictate the establishment of military government.
FOOTNOTES & REFERENCES
Delegation of authority
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