The Japanese Belligerent Occupation
The Japanese Belligerent Occupation
The Japanese Belligerent Occupation
HS102EN
Jeric C. Tigolo
The
Japanese
(Belligerent)
According to the rules of Land Warfare of the United States
Army, belligerent or so-called military occupation is a question
of fact. It presupposes a hostile invasion as a result of which the
invader has rendered the invaded government incapable of
publicly exercising its authority, and that the invader is in
position to substitute and has substituted his own authority for
that of the legitimate government of the territory invaded."
(International Law Chiefly as Interpreted and Applied by the
United States, by Hyde, Vol. II, pp. 361, 362.) "Belligerent
Introduction occupation must be both actual and effective. Organized
resistance must be overcome and the forces in possession must
have taken measures to establish law and order. It doubtless
suffices if the occupying army can, within a reasonable time,
send detachments of troops to make its authority felt within the
occupied district." (Id., p. 364.) "Occupation once acquired
must be maintained . . .. It does not cease, however, . . .. Nor
does the existence of a rebellion or the operations of guerrilla
bands cause it to cease, unless the legitimate government is re-
established and the occupant fails promptly to suppress such
The belligerent occupation of the Philippines by
the Japanese invaders became an accomplished
fact from the time General Wainright,
Commander of the American and Filipino forces
in Luzon, and General Sharp, Commander of the
forces in Visayas and Mindanao, surrendered and
Overview ordered the surrender of their forces to the
Japanese invaders, and the Commonwealth
Government had become incapable of publicly
exercising its authority, and the invader had
substituted his own authority for that of the
legitimate government in Luzon, Visayas, and
Mindanao.
Jan. 23,
1942
Jan. &
Overview Jan. 2,
1942
Feb.,
1942
Oct. 14,
1942
With the occupation of Manila, the
Commander in Chief of the Japanese Forces
proclaimed, on January 2, 1942, the military
administration over the territory occupied by
the army, and ordered that “all the laws now
in force in the Commonwealth, as well as
Jan. 2,
executive and judicial institutions shall 1942
continue to be effective for the time being as
in the past”, and “all public officials shall
remain in their present posts and carry on
faithfully their duties as before”.
O
Order No. 1 of the Japanese Commander in
Chief, on January 23, 1942, organized the
Philippine Executive Commission.