No fatalities confirmed at this time; shooter in police custody.02:21 28.11.15 | 0 comments
Howdy Tosefta; International law requires two conditions to be met for an occupation to obtain: 1) the hostile army must have an actual, established authority in the territory, and 2) an ability to exercise that authority which can be actual or potential. The test of "effective control" can only be applied to condition 2); it cannot be applied to condition 1) because it must be actual. The complete withdrawal of the hostile army from the territory relinquishes the occupying power's established authority there, condition 1) fails to be satisfied, and the occupation terminates--a fact recognized by the U.S. Military Tribunal in the Hostages Trial ruling which implied that the German Army no longer occupied Greece and Yugoslavia after its withdrawal from them in the fall of 1944. Mr. Dugard makes a serious error by assuming that condition 2) by itself implies an occupation whereas both conditions must be met since they are connected by the logical conjunction "and" and not by "or".