text: Chapter 2
  COMMAND RESPONSIBILITY AND AUTHORITY
  2-40. An occupying force establishes transitional military authority pursuant to international law, including
  The Hague and Geneva Conventions. Such authority is limited in scope by international law. In other
  circumstances, military forces establish a transitional military authority pursuant to a UN Security Council
  resolution or a similar international legal authority, which will also describe the limits of that authority.
  Furthermore, when occupying enemy territory, authority additional to that provided by traditional sources
  of international law, such as The Hague and Geneva Conventions, may be provided by UN Security
  Council resolutions or similar authority. Commanders should only take action with regard to transitional
  military authority after close and careful consultation with the legal advisor.
  2-41. A transitional military authority acts on the behalf of the population and, in the case of occupation of
  enemy territory, to secure the occupying force. The UN Security Council resolution or similar authority
  may prescribe specific or additional roles of the transitional military authority. In cases other than the
  occupation of enemy territory, the international community generally will lead this effort through an IGO
  such as the UN. The occupation of enemy territory may result in one nation or a coalition of nations
  providing the transitional military authority.
  2-42. Effective transitional military authority enhances security and facilitates ongoing operations while
  fulfilling the legal obligations of occupying forces under international law. This authority enhances stability
  by promoting the safety and security of both military forces and the local populace, reducing active or
  passive sabotage, and maintaining public order. It helps ongoing operations by building host-nation
  capability and capacity to perform government functions and relieving maneuver forces of the
  responsibility of civil administration. Until the military authority can safely transition to civil authority and
  control, activities of the transitional military authority are performed with civilian personnel assistance and
  participation. These civilians may come from the host nation, the U.S. Government, or other agencies or
  organizations. This cooperation facilitates the transition while ensuring that all activities complement and
  reinforce efforts to set conditions necessary to achieve success.
  2-43. A transitional military authority exercises functions of civil administration. These functions include
  providing for the safety, security, and well-being of the populace; reestablishing and maintaining public
  order; and restoring essential services. Such functions—and the tasks that support them—evolve from the
  essential tasks described in the essential stability task matrix and are reflected in the five primary stability
  tasks. Establishing transitional military authority may require military forces to complete tasks typically
  performed by the host-nation government. These tasks may be provided for under international law—
  including applicable treaties such as The Hague and Geneva Conventions—and UN Security Council
  resolutions.
  Command Responsibility for Transitional Military Authority
  2-44. The exercise of transitional military authority is a command responsibility, exercised in accordance
  with international law. To ensure that situational understanding and cultural awareness inform planning and
  the conduct of transitional military authority, commanders at all levels maintain open, continuous dialogue.
  They also collaborate among the echelons of command and various agencies, organizations, and institutions
  that share in efforts to restore legitimate governance to the host nation.
  2-45. The authority to implement transitional military authority resides with the President, exercised
  through the Secretary of Defense and the joint force commander. Broad policy formulation and initial
  planning for transitional military authority is conducted under the direction of the Joint Chiefs of Staff.
  However, the joint force commander, key staff, subordinate Service components, and allied commanders
  also participate to a lesser degree.
  Establishment of Transitional Military Authority
  2-46. A transitional military authority restores and maintains public order, ensures the safety and security
  of the local populace, and provides essential civil services. Transitional military authority is not limited to
  the occupation of enemy territory. During operations outside the United States and its territories, necessity
  may also require establishing transitional military authority in various situations, including—