International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 169. As the occupant actually exercises authority, and as the
legitimate Government is prevented from exercising its authority, the
occupant acquires a temporary right of administration over the
respective territory and its inhabitants. And all steps he takes in the
exercise of this right must be recognised by the legitimate Government
after occupation has ceased. This administration is in no wise to be
compared with ordinary administration, for it is distinctly and
precisely military administration. In carrying it out the occupant is,
on the one hand, totally independent of the Constitution and the laws
of the respective territory, since occupation is an aim of warfare, and
since the maintenance and safety of his forces and the purpose of war
stand in the foreground of his interest and must be promoted under all
circumstances and conditions. But, although as regards the safety of his
army and the purpose of war the occupant is vested with an almost
absolute power, he is not the Sovereign of the territory, and therefore
has no right to make changes in the laws or in the administration except
those which are temporarily necessitated by his interest in the
maintenance and safety of his army and the realisation of the purpose of
war. On the contrary, he has the duty of administrating the country
according to the existing laws and the existing rules of administration;
he must insure public order and safety, must respect family honour and
rights, individual lives, private property, religious convictions and
liberty. Article 43 of the Hague Regulations enacts the following rule
which is of fundamental importance: "The authority of the legitimate
Power having actually passed into the hands of the occupant, the latter
shall take all steps in his power to re-establish and insure, as far as
possible, public order and safety, while respecting, unless absolutely
prevented, the laws in force in the country."
[Sidenote: Rights of the Occupant regarding the Inhabitants.]
Public-domain text, read in full here on John Shaqi.
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