International Humanitarian Law Both notions that the Occupying Power is a temporary custodian and that it does not acquire sovereignty over the occupied territory are the central principles governing IHL provisions.5 Article 55 of the 1907 Hague Regulations makes clear that “[t]he occupying state shall be regarded only as an administrator and usufructuary of public buildings, real estate, forests, agricultural estates belonging to the hostile state and situation in occupied territory. It must safeguard the capital of these properties and administer them in accordance with the rules of usufruct.” Consequently, the Occupying Power cannot acquire title to the territory’s natural resources. In all instances, the Occupying Power must act in a manner that guards the humanitarian assurances enshrined in the GCIV, which explicitly forbids the destruction of real or personal property and the act of pillage. International law permits the Occupying Power to utilize resources under strict provisions of military necessity, if it serves the needs of protected population, and does not involve the destruction or depletion of the resource.6 The Occupying Power cannot however, exploit the natural resources in an occupied territory to increase its own material wealth,7 or for the benefit of the colonizers residing in the territory. These acts would amount to the crime of pillage – extensive exploitation – which is prohibited under international law.8 Persons administered by the Occupying Power are considered a protected population and a duty is placed on the former to act in manner that benefits the latter.9 The Occupying Power is responsible for the wellbeing of the protected population and this includes the provision of essential services. 12 5 The Hague Convention (IV) Respecting the Laws and Customs of War on Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land, 18 October 1907, available at: http://www.refworld.org/docid/4374cae64.html [hereinafter The Hague Convention]; International Committee of the Red Cross (ICRC), Occupation and Other Forms of Administration of Foreign Territory, (Geneva, 2012), 56, available at: https://www.icrc.org/eng/assets/files/publications/icrc002-4094.pdf [herein after ICRC, Occupation]; Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War, art. 8, 12 August 1949, available at: https://ihl-databases.icrc.org/ ihl/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa3c5 [hereinafter GCIV]. 6 GCIV, art. 53, supra note 5. 7 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Request for the Indication of Provisional Measures, 2000 ICJ (July 1). 8 ICRC, Rule 52 of Customary IHL: Pillage, n.d., available at: https://ihl-databases.icrc.org/customaryihl/eng/docs/v1_rul_rule52 9 The Hague Convention (IV) Respecting the Laws and Customs of War on Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land, 18 October 1907, available at: http://www.refworld.org/docid/4374cae64.html [hereinafter The Hague Convention]; International Committee of the Red Cross (ICRC), Occupation and Other Forms of Administration of Foreign Territory, (Geneva, 2012), 56, available at: https://www.icrc.org/eng/assets/files/publications/icrc002-4094.pdf [hereinafter ICRC, Occupation]; GCIV, art. 8, supra note 5.