11.7 AUTHORITY OF THE OCCUPYING POWER OVER INHABITANTS
The Occupying Power’s authority over inhabitants of occupied territory derives from its
war powers and from its duty to ensure public order and safety in occupied territory. The
Occupying Power, as a belligerent State, may take such measures of control and security in
regard to protected persons as may be necessary as a result of the war.124 In addition, the
Occupying Power may take measures necessary to fulfill its duty to ensure public order and
safety.
11.7.1 Inhabitants’ Obedience to the Occupying Power. It is the duty of the inhabitants
to
carry on their ordinary peaceful pursuits, to behave in an absolutely
peaceful manner, to take no part whatever in the hostilities carried on,
to refrain from all injurious acts toward the forces or in respect to
their operations, and to render strict obedience to the orders of the
occupant. Subject to the restrictions imposed by international law, the
Occupying Power may demand and enforce from the inhabitants of occupied
territory such obedience as may be necessary for the security of its
forces, for the maintenance of law and order, and for the proper
administration of the country. The inhabitant’s obedience to the
Occupying Power is generally distinguished from a duty of allegiance.
The inhabitant’s duty of allegiance to his or her State of nationality
is not severed. The inhabitants, however, are not bound to obey their
State of nationality.
11.7.1.1 Enforcement of Obedience. The Occupying Power’s enforcement of
obedience
must comply with the law of war. For example, measures prohibited by
the law of war, such as collective punishments, acts of torture, or
reprisals, may not be used.
Censorship and Other Regulation of the Media. Under 11.7.2 the law of belligerent
occupation, for the purposes of security, an Occupying Power may establish censorship or
regulation
of any or all forms of media (e.g., press, radio, television) and
entertainment (e.g., theater, movies), of correspondence, and of other
means of communication. For example, an Occupying Power may prohibit
entirely the publication of newspapers that pose a threat to security,
or it may prescribe regulations for the publication or circulation of
newspapers of other media for the purpose of fulfilling its obligations
to restore public order. The Occupying Power is not required to
furnish facilities for postal service, but may take charge of them
itself, especially if the officials of the occupied district fail to act
or to obey its orders. Control of Means of Transportation. An Occupying
P 11.7.3
ower is entitled to exercise authority over all means of public and
private transportation, whether land, waterborne, or air, within the
occupied territory, and may seize them and regulate their operation.
11.7.4 Limits on Safety Measures. If the Occupying Power considers it necessary, for
imperative
reasons of security, to take safety measures concerning protected
persons, it may, at the most, subject them to assigned residence or to
internment. The Occupying Power must comply with certain procedural
requirements (e.g., appeal, periodic review) when conducting assigned
residence or internment of protected persons in occupied territory based
on imperative reasons of security. The Occupying Power also has an
obligation to support persons who are assigned residence and thus are
required to leave their homes, consistent with the standards for the
treatment of internees.
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