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 far as 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. 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.103
Authority Conferred by the Occupying Power’s Duty
11.5.1 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.
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