AIR 1970 SUPREME COURT 329 ::1970 (1) SCR 87

Supreme Court Of India

(From Goa, Daman and Diu J. C.'s Court - AIR 1968 Goa 17)

Hon'ble Judge(s): M. Hidayatullah, S. M. Sikri, R. S. Bachawat, G. K. Mitter, K. S. Hegde , JJJ

(A) Geneva Conventions Act (6 of 1960) , Sch.IV, Art.6, Art.47— "Occupation" - Meaning - In the case of annexation of Goa, the occupation was true annexation by subjugation and as such had ceased in the sense contemplated by Art. 47 - Terms "Annexation," and "subjugation" - Meaning. The principle which is accepted is that the Occupying Power must apply the Convention even when it claims, during conflict, to have annexed the occupied territory. However, when the conflict is over and there is no hostile army in the field, annexation has the effect of creating a title to the territory. Article 6 mentions a period of one year because if the occupied power turns victorious the land would be freed in one year and if the occupying power remains victorious, as hostilities cease, strong measures against the civilian population are no longer necessary. In this, as in other laws, a line is drawn arbitrarily and it is at the end of one year. Otherwise also, occupation, which means belligerent occupation, comes to an end when hostilities cease and the territory becomes a part of the occupying power,. Annexation may sometimes be peaceful, or after war. If cession after defeat can create title, occupation combined with absence of opposition must lead to the same kind of title. In the case of military action in Goa the military engagement was only a few hour's duration and ....