Law of war 11.3, 11.5, 11.8, 11.9
11.3 END OF OCCUPATION AND DURATION OF GC OBLIGATIONS
The status of belligerent occupation ends when the conditions for its application are no
longer met. Certain GC obligations with respect to occupied territory continue for the duration
of the occupation after the general close of military operations.
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.101 This principle has been recognized as customary international law.102
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.10311.8 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.13911.9 LOCAL LAW AND LEGISLATION
11.9.1 General Continuation of Municipal Law of the Occupied Territory as Between
Inhabitants. In general, the municipal law of the occupied territory (i.e., the ordinary domestic
civil and criminal law) and their administration remain in full force so far as the inhabitants of
occupied territory are concerned, unless changed by the Occupying Power.154 For example, the penal laws of the occupied territory generally continue in force.155
As a foreign State and as the paramount authority in the occupied territory, the
Occupying Power is not bound by the municipal law of the occupied territory. For example,
the Occupying Power would not be bound by a municipal law that had been enacted by the State of the occupied territory to prevent trading with the enemy.