text: Occupation
  WHEN MILITARY OCCUPATION LAW DOES NOT APPLY
  6-13. Paragraphs 6-14 through 6-17 describe examples of situations to which military occupation law does
  not apply. Nonetheless, it may be appropriate to apply rules from the law of military occupation in such
  situations (see DOD Law of War Manual, 11.1.3).
  Invasion or Intervention
  6-14. Mere physical presence of a belligerent’s military in the territory of its enemy does not constitute
  military occupation (see HR art. 42) and does not activate military occupation law. Air superiority alone does
  not constitute an effective occupation. For example, a brief physical holding of enemy territory by a small
  unit does not constitute military occupation. Capturing a military objective, such as a town or city in the
  process of defeating enemy forces, and even holding it for an indeterminate period of time, by itself may not
  constitute a military occupation, as the government of the invaded State may remain capable of exercising
  its authority.
  Liberation of Friendly Territory
  6-15. The law of military occupation does not apply to the liberation of friendly territory. Indeed, a military
  occupation presupposes that the Occupying Power is hostile in relation to the State whose territory is being
  occupied. The administration of liberated territory may be conducted in accordance with a civil affairs
  agreement. In the absence of such an agreement, a military government may be established in the area as a
  provisional and interim measure (DOD Law of War Manual, 11.1.3.2).
  Peace Operations or Non-International Armed Conflict
  6-16. Generally, the law of military occupation would not apply in a non-international armed conflict
  because a military occupation presupposes that the Occupying Power is hostile in relation to the State whose
  territory is being occupied. A State’s military forces controlling its own territory would not be regarded as
  conducting an occupation; similarly, foreign forces conducting operations with the consent of the territorial
  State would also not be regarded as conducting an occupation. However, the law of military occupation may
  be applicable to a non-international armed conflict when a non-State party to the conflict has been recognized
  as a belligerent and the criteria identified in Paragraph 6-12 are met (see DOD Law of War Manual, 11.1.3.3).
  Law by Analogy
  6-17. Although the law of military occupation does not apply as a matter of law to the foregoing situations,
  it may be appropriate to apply rules from the law of military occupation in such situations (see DOD Law of
  War Manual, 11.1.3). For example, the law of military occupation may provide appropriate rules to apply by
  analogy after the liberation of friendly territory, pending a civil affairs agreement with the territorial State.
  EFFECTIVENESS OF OCCUPATION
  6-18. Military occupation must be actual and effective. The organized resistance must have been overcome,
  and the Occupying Power must have taken measures to establish its authority.
  6-19. It is sufficient that the occupying force can, within a reasonable time, send detachments of forces to
  enforce its authority within the occupied district. Military occupation does not require the presence of military
  forces in all populated areas, although those forces must control the most important places. The type of forces
  used to maintain the authority of the Occupying Power is not material. For example, the occupation might be
  maintained by permanently based units or mobile forces, either of which would be able to send detachments
  of forces to enforce the authority of the Occupying Power within the occupied district.
  6-20. Additionally, an occupation may be effective despite the existence of areas in the enemy State that are
  temporarily controlled by enemy forces or pockets of resistance.
  6-21. The fact that a defended location (such as a city or town) still controlled by enemy forces exists within
  an area declared occupied by the Occupying Power does not render the occupation of the remainder invalid,