End of Military Government
RULE: Military Government continues until legally supplanted.
This is explained as follows. For the situation where no territorial cession is involved, the military government of the principal occupying power will end with the coming into force of the peace settlement.
- Example: (1) Japan after WWII. Japan regained its sovereignty with the coming into force of the San Francisco Peace Treaty on April 28, 1952. In other words, a civil government for Japan was in place and functioning as of this date.
In the situation of a territorial cession, there must be a formal peace treaty. However, the military government of the principal occupying power does not end with the coming into force of the peace treaty.
- Example: (1) Puerto Rico after the Spanish-American War. Military government continued in Puerto Rico past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and only ended on May 1, 1900 with the beginning of Puerto Rico's civil government.
- Example: (2) Cuba after the Spanish-American War. Military government continued in Cuba past the coming into force of the Treaty of Paris of 1898 on April 11, 1899, and only ended on May 20, 1902 with the beginning of the Republic of Cuba's civil government.
Hence, at the most basic level, the terminology of "legally supplanted" is interpreted to mean "legally supplanted by a civil government fully recognized by the national (or "federal") government of the principal occupying power."
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