Tweet time: 11:05

Q Post 11:05

u/#q1105

Law of War Manual Chapter XI - Military Occupation, Section 11.5 (1105) - Duty of the Occupying Power to Ensure Public Order and Safety

11.5 DUTY OF THE OCCUPYING POWER TO ENSURE PUBLIC ORDER AND SAFETY

The authority of the legitimate power having in fact passed into the hands of the Occupying Power, the latter shall take all the measures in its power to restore, and ensure, as faras possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. This principle has been recognized as customary international law.102 The Occupying Power has a general duty to maintain public order and to provide for the preservation of rights of the inhabitants, including rights to their private property.

11.5.1 Authority Conferred by the Occupying Power’s Duty to Ensure Public Order and Safety.

The Occupying Power’s duty to take all the measures in its power to restore and ensure, as far as possible, public order and safety also provides it authority take such actions. For example, the Occupying Power may enact provisions to maintain the orderly government of the territory.

11.5.2 Duty to Respect, Unless Absolutely Prevented, the Laws in Force in the Country.

The duty to respect, unless absolutely prevented, the laws in force in the country prohibits the Occupying Power from arbitrarily exercising its authority to suspend, repeal, or change the municipal law applicable to occupied territory. The duty to respect, unless absolutely prevented, the laws in force in the country has been interpreted not to apply to local administrative laws, such as regulations, executive orders, ordinances, and decrees.106