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11.8 ADMINISTRATION OF OCCUPIED TERRITORY
11.8.1 Paramount Authority of the Occupying Power Over Government Functions in Occupied Territory. The functions of the hostile government—whether of a general, provincial, or local character—continue only to the extent they are sanctioned by the Occupying Power.139
11.8.2 Continued Performance of Duties by Civil Servants and Other Officials of Local Governments. The Occupying Power may, while retaining its paramount authority, permit the government of the country to perform some or all of its normal functions.140 It may, for example, call upon the local authorities to administer designated rear areas, subject to the guidance and direction of the Occupying Power.141 Such action is consistent with the status of occupation, so long as there exists the firm possession of territory and the purpose to maintain paramount authority.142 Similarly, for example, courts are generally to continue the ordinary administration of justice during occupation.143
The compulsion of civil servants and other officials of local governments to continue to perform their duties must be justified by military necessity and consistent with applicable provisions of the GC.144
11.8.3 Local Governments Under Duress or Surrogate Governments. The restrictions placed upon the authority of a belligerent State cannot be avoided by a system of using a puppet government, central or local, to carry out acts that would be unlawful if performed directly by the Occupying Power. Acts induced or compelled by the Occupying Power are nonetheless its acts.145