11.11 CRIMINAL LAW IN OCCUPIED TERRITORY
This section addresses criminal law in occupied territory. Additional rules apply to
judicial proceedings against protected persons in occupied territory, which are also applied by
analogy to judicial proceedings against internees in a belligerent’s home territory.188
General Continuation of Penal Laws of the Occupied Territory. The general11.11.1
principle that the Occupying Power must respect, unless absolutely prevented, the laws in force
in the occupied territory also applies to the penal laws of the occupied territory.189
In particular, the penal laws of the occupied territory shall remain in force during the
occupation, with the exception that they may be repealed or suspended by the Occupying Power
where they constitute a threat to its security or an obstacle to the application of the GC.190
Subject to the latter consideration and to the necessity of ensuring the effective administration of
justice, the courts of the occupied territory shall continue to function in respect of all offenses
covered by these laws.