SECTION III
MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE
Art. 42. Territory is considered occupied when it is actually placed under the authority of the
hostile army.
Archiv: Hague Conventions
Germany Goes 19th Century with New Statement on Law of Occupation – On Status of US Forces in Syria
In Germany’s current view, the United States cannot be considered an occupying power in these areas, because although it exercises physical control over them, it does not “exercise jurisdiction” there. On this approach, for an occupation to materialize, two cumulative elements must be fulfilled: effective physical control and the actual establishment of an administration in the area.
Granted, this interpretation can be read into the text of Article 42 of the 1907 Hague Regulations,