7 June 2020
The following paper is an expansion on the work of Rohan from the Justinian Deception as relates to the fact, the geographical name for a body of land must not be confused with the title given to the same under occupation. His efforts are perhaps of vital importance to our situation today because there are strict rules governing occupation. In essence the current pandemic and lockdowns as a raft of guidelines, are taken from the occupation of nations by the United Nations, a body that can and does, operate contrary to the international agreed maxims on occupations and the rights of the citizen and state.
Basically, through the corporate entity that is the United Nations, the banking establishment, enforced by the Committee of 300, uses the United Nations to subvert established international agreements in order its proposed successor can take its hitherto gained authority unto itself without the baggage afforded to the constant frauds carried out by the U.N. We are speaking of the agenda of Donald Trump in handing America over to the Sanhedrin in Israel as they move to secure the United Nations and satellites, into its new global control system once they have completed the construction of the Third Temple in Jerusalem. The new law system is known as the Noahide platform, derived entirely from the Talmud and the means to a full replacement of the Torah.
But the real deceptive bit comes in the creation of the dead trust from the original tile created at the registration of a live born you, the secondary trust is denoted as your Christian with the attachment of a Surname. From this deception, as they destroy the U.N., all titles offered up to the U.N. will shift into the hands of the priesthood controlling the Sanhedrin to be built in Jerusalem. Basically, the supremacist’s will have absolute control over all life, so naturally it is worth remembering they do not like all but those they deem like unto them…
On those grounds it is imperative we begin to grasp the real high end games going on as they divert your attention with lockdown and riot.
In The Interest Of The Public Of The British Isles
As a matter of supreme importance I offer you, the British public, the format upon which these isles has agreed to operate in relation to the military terms of occupation. I present to you these facts as it is clear the military commanders you pay and give your trust to protect this nation are in clear breach of that trust. Either, the past and present commanders are in league with the treason and thus by definition of the facts, act for a foreign power, whose aim is to dismantle this fine nation, or they are unfit for the purpose and role you have offered them proving their incapacity to understand the rules laid out to the British Chiefs of Staff.
The following information has not been reproduced in the language it is written, I have presented the laws of occupation in the correct English language and not as the document presents in the American bastardisation of English, which is the incorrect language to be used in law. To use American English claims the jurisdiction Legal, you must use proper English or French to invoke law in a court. The following raft of rules are applicable only to Person, it has absolutely no jurisdiction over man and therefore the land.
In signing this nation to the contract of the United Nations, and previous to that, The League of Nations, both being a Rothschild and thus banking format of governance, the monarch’s have acted in Treason, against the Magna Carta which is a maxim authorising the realm of the citizen. The contracts so signed are also a breach of the rules of International Law from which the ability to profit has clearly been breeched with the huge borrowing by what is a corporation calling itself HM Government, from the very forces insisting on lockdown, and in so doing aims to turn asunder the accepted format of the laws of nation, and all this without a Declaration of War which has been the prerogative of the United Nations since its offer to contract. In so doing the rules of accepted International Law have and continue to be breached by the private Houses in full control of the banking system which has undermined economies, turned the citizen into a slave and taken unto itself all land and property through deceptive contracts with a Legal Instrument called the Land Registry, which they offer back to you as a Trust. Trust has been broken, injury is the result which if unchecked harbours only harm for the flesh and blood.
The system has forced the citizen to pay for the encroachment and has subdued the military capacity of nations unto itself and to act against the citizen and land it is supposed to defend.
The situation we now face is that this entire unlawful system is about to fold and be renewed in the heart of the Rothschild nest they call Israel and all citizens of all nations to be subject to the supremacy that is held in the hearts of those who call themselves citizens of Israel, which ultimately serves the families behind the Empire of Rome which captured the Church, the holder of our tiles, many centuries ago.
Treason at the Highest Level
Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India from 22 January 1901 until his death in 1910.
George V (George Frederick Ernest Albert; 3 June 1865 – 20 January 1936) was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 until his death in 1936.
George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952.
Elizabeth II (Elizabeth Alexandra Mary, born 21 April 1926)[a] is the Queen of the United Kingdom and the other Commonwealth realms.
David Lloyd George 1916-1922
Bonar Law 1922-1923
Stanley Baldwin 1923-1924
Ramsay MacDonald 1924-1924
Stanley Baldwin 1924-1929
Ramsay MacDonald 1929-1935
Stanley Baldwin 1935-1937
Neville Chamberlain 1937-1940
Winston Churchill 1940-1945
Clement Attlee 1945-1951
Sir Winston Churchill 1951-1955
Sir Anthony Eden 1955-1957
Harold Macmillan 1957-1963
Sir Alec Douglas-Home 1963-1964
Harold Wilson 1964-1970
Edward Heath 1970-1974
Harold Wilson 1974-1976
James Callaghan 1976-1979
Margaret Thatcher 1979-1990
John Major 1990-1997
Tony Blair 1997-2007
Gordon Brown 2007-2010
David Cameron 2010-2016
Theresa May 2016-2019
Boris Johnson 2019-present
A. Establishment of Occupation 11.1
Deﬁnition of Occupation 11.2
Effectiveness of Occupation 11.3
Proclamation of Occupation 11.4
Commencement of Occupation 11.5
Continuation of Occupation 11.6
Termination of Occupation 11.7
Applicability of the Law of Armed Conﬂict 11.8
B. General Effects of Occupation 11.9
Temporary Nature of Occupation 11.9
Prohibition of Annexation 11.10
Constitutional Position 11.11
C. Resistance to Occupation 11.12
Before Effective Occupation 11.12
After Effective Occupation 11.13
Unprivileged Belligerents 11.14
D. Duties of the Population of Occupied Territory 11.15
Limits of Legislative Powers of the Occupier 11.15
Civic Duty 11.16
Rights of Inhabitants 11.17
E. Administration of Occupied Territory 11.18
Officials, Civil Servants, Police, and Judges 11.20
The Law 11.25
The Economy 11.30
Security Measures 11.34
Children and Education 11.40
Medical Care and Hygiene 11.42
Food and Other Essential Supplies 11.44
Deportation and Movement of Civilians 11.55
Administration of Criminal Law 11.56
F. Enemy Property in Occupied Territory 11.75
Destruction Prohibited 11.75
Private Property 11.76
Public Property 11.85
General Devastation 11.91
A. ESTABLISHMENT OF OCCUPATION
The military occupation of territory establishes a special relationship between the occupying power and the civilian population of the area, involving, on each side, certain rights and duties. It affects the general administration of the territory, the rights and duties of the inhabitants, and both public and private property. 1 The inhabitants of occupied territory are protected persons and entitled to the protections laid down in Chapter 9. Neutral nationals in occupied territory are entitled to treatment as protected persons under Geneva Convention IV whether or not there are normal diplomatic relations between the neutral state concerned and the occupying power. 2 However, neutral nationals not normally resident in but only on a temporary visit to occupied territory can, to a certain extent, claim different treatment from that accorded to the inhabitants in that they are as a rule exempt from requisitions. If their property is required for military needs, they must be compensated or indemniﬁed. 3
JSP 383: Manual of the Law of Armed Conﬂict – 11.1
Military occupation can assume many different forms. 4 The principal concern of this chapter is ‘belligerent occupation’. Classically, this refers to the occupation of enemy territory, that is, when a belligerent in an armed conflict is in control of some of the adversary’s territory and is directly responsible for administering that territory. (Occupation may, of course, be exercised by more than one belligerent, for example in the event of a coalition of forces acting together, and the term ‘occupying power’ has to be interpreted in relation to that possibility.) The term ‘belligerent occupation’ can also encompass certain other military occupations including, for example, wartime occupation of neutral territory. The provisions of the law of armed conﬂict that relate to occupied territory apply to belligerent occupations.
JSP 383: Manual of the Law of Armed Conﬂict – 11.1
1. The rules on occupation are contained in the Hague Regulations 1907 (HR), Arts 42–56, Geneva Convention IV 1949 (GC IV), Articles 27–34 and 47–78 and in Additional Protocol I 1977 (API).
2. GC IV, Art 4. They have the right to leave the territory unless their departure is contrary to the national interests of the occupying power, see GC IV, Arts 35 and 48. For reference to the position of third party nationals in Kuwait at the time of the Iraqi invasion in 1990, see United States Department of Defence, Report to Congress on the Conduct of the Persian Gulf War, Appendix on the role of the law of war (1992) 31 ILM 612, 617–620.
3. Requisitioning under HR, Art 52 is described as from ‘inhabitants’ and it can be argued that temporary visitors do not meet this description.
4. For further reading, see A Roberts, ‘What is a Military Occupation?’ (1984) BYIL 249.
The present chapter does not cover situations where the military forces of one state are in the territory of another allied state in pursuance of a treaty or agreement between allies. In those cases, the matter is governed by the treaty or agreement. 5 Nor does this chapter apply to cases of international administration of territory, for example by the United Nations or other international organisations, which will usually be governed by a complex of legal instruments establishing and regulating such administrations. In cases of liberation of allied territory, or in cases where troops are sent in to a collapsed state 6 to restore law and order, it may not always be possible to conclude a civil affairs agreement with the authorities of the country concerned in advance so that there will be de facto military rule by the liberating power. 7 The rules of international law applying to occupied territory should, so far as possible, be applied by analogy until an agreement is concluded. Where a belligerent liberates part of its own territory before normal civil government can be restored, the extent of the military authorities’ powers is a matter of the domestic law of the belligerent concerned. 8
JSP 383: Manual of the Law of Armed Conﬂict – 11.1.2
Deﬁnition of Occupation
Territory is considered to be occupied when it is actually placed under the authority of external military forces. Occupation extends only to territory where that authority has been established and can in fact be exercised. 9
JSP 383: Manual of the Law of Armed Conﬂict – 11.2
5. Such as the NATO Status of Forces Agreement of 19 June 1951.
6. As in Somalia in 1993 or East Timor in 1999.
7. Public Prosecutor v X (Eastern Java) 1948 AD Case no 176.
8. Battat v R  AC 519. However, see also Tan Tuan v Lucena Food Control Board (1949) 18 ILR 591.
9. HR, Art 42
Effectiveness of Occupation
To determine whether a state of occupation exists, it is necessary to look at the area concerned and determine whether two conditions are satisﬁed: ﬁrst, that the former government has been rendered incapable of publicly exercising its authority in that area; and, secondly, that the occupying power is in a position to substitute its own authority for that of the former government.
JSP 383: Manual of the Law of Armed Conﬂict – 11.3
Proclamation of Occupation
Mere proclamation of occupation is insufficient to bring an occupation into existence. The test in paragraph 11.3 must be satisﬁed.
JSP 383: Manual of the Law of Armed Conﬂict – 11.4
Although not strictly necessary in law, a proclamation should be issued to make clear to the inhabitants the existence of the occupation, the area over which it extends, and any special regulations that have been issued by the occupying power. 10
JSP 383: Manual of the Law of Armed Conﬂict – 11.41
Commencement of Occupation
The occupation starts when the test in paragraph 11.3 is satisﬁed.
JSP 383: Manual of the Law of Armed Conﬂict – 11.5
Continuation of Occupation
Occupation does not cease where the forces of the occupying power continue their advance, leaving only a few troops behind, so long as they have disarmed the inhabitants and made arrangements for the administration of the occupied area. However, the authority of the occupying power should be represented by the presence of a commissioner or civil officials.
JSP 383: Manual of the Law of Armed Conﬂict – 11.6
Termination of Occupation
Occupation ceases as soon as the occupying power is driven out or evacuates the area. Occupation will also cease when effective control transfers to a different authority, such that the territory ceases to be under the authority of external military forces.
JSP 383: Manual of the Law of Armed Conﬂict – 11.7
The fact that some of the inhabitants are in a state of rebellion, or that guerrillas or resistance ﬁghters have occasional successes, does not render the occupation at an end. Even a temporarily successful rebellion in part of the area under occupation does not necessarily terminate the occupation so long as the occupying power takes steps to deal with the rebellion and re-establish its authority or the area in question is surrounded and cut off. Whether or not a rebel movement has successfully terminated an occupation is a question of fact and degree depending on, for example, the extent of the area controlled by the movement and the length of time involved, the intensity of operations, and the extent to which the movement is internationally recognised.
JSP 383: Manual of the Law of Armed Conﬂict – 11.7.1
Applicability of the Law of Armed Conﬂict
The law of armed conﬂict applies from the outset of an occupation and continues to apply until the occupation terminates. In Geneva Convention IV (in this chapter referred to as ‘the Convention’) there is a provision (the ‘one-year rule’) for some articles of the Convention to cease to apply in occupied territory one year after the general close of military operations. However, 43 articles of the Convention continue to apply for as long as the occupying power exercises the function of government in occupied territory. The one-year rule does not apply to parties to Additional Protocol I 1977 (in this chapter referred to as ‘the Protocol’), which speciﬁes that the application of the Convention and Protocol shall cease to apply ‘on the termination of the occupation’. 11
JSP 383: Manual of the Law of Armed Conﬂict – 11.8
Since this can result in a complex legal situation, advice about the applicability of international law to occupied territory should invariably be sought from the nearest service legal office.
JSP 383: Manual of the Law of Armed Conﬂict – 11.8.1
B. GENERAL EFFECTS OF OCCUPATION
Temporary Nature of Occupation
Occupation differs from annexation of territory by being only of a temporary nature. During occupation, the sovereignty of the occupied state does not pass to the occupying power. It is suspended. Although there is no speciﬁc principle detailing its scope, the ousted authorities may retain some power to make legislation for the occupied territory. This legislation is restricted to legislation that does not conﬂict with the rights and duties of the occupying power under international law. Nevertheless, the occupying
power must take all measures in its power to restore, and ensure, as far as possible, public order and safety, by respecting, unless absolutely prevented, the laws in force in the occupied state. 12
The law of armed conﬂict does not confer power on an occupant. Rather it regulates the occupant’s use of power. The occupant’s powers arise from the actual control of the area.
JSP 383: Manual of the Law of Armed Conﬂict – 11.9
Prohibition of Annexation
Since sovereignty does not pass to the occupying power, annexation of the occupied territory is forbidden. Sovereignty can only pass in accordance with the principles of international law, usually by cession under a peace treaty. Illegal annexation does not absolve a party from complying with its
obligations to protected persons under the law of armed conﬂict. 13
JSP 383: Manual of the Law of Armed Conﬂict – 11.10
Since sovereignty does not pass to the occupying power, that power may not change the constitution and domestic laws of the occupied territory nor set aside the rights of the inhabitants except to the extent permitted under the law of armed conﬂict. 14 Legislative measures may be taken for the security of the occupying forces, the maintenance of order, the proper administration of the territory, and to enable the occupying power to carry out its obligations under the Convention for the welfare of the inhabitants. The occupying power may, however, repeal or amend laws that are contrary to international law and is also entitled to make changes mandated or encouraged by the UN Security Council. 15
JSP 383: Manual of the Law of Armed Conﬂict – 11.11
11. The one-year rule is in GC IV, Art 6. For parties to AP I, see Art 3(b). HR, Arts 42–56 continue to apply for the duration of the occupation. See also, JS Pictet, Commentary on the IVth Geneva Convention (ICRC 1956) (Pictet, Commentary on GC IV) 58–64.
12. HR, Art 43.
13. GC IV, Art 47.
14. See paras 11.25–11.29
15. GC IV, Art 64. These powers may be sufficiently wide to enable repeal of laws, e.g., that violate human rights treaties. In relation to UN Security Council mandates, see e.g. UNSCR 1483 (22 May 2003) which inter alia encouraged international efforts to promote legal and judicial reform by the occupying powers and others in Iraq.
C. RESISTANCE TO OCCUPATION
Before Effective Occupation
Until the occupation is effective, members of the armed forces of the occupied country, of organised resistance movements, and of a levée en masse 16 may ﬁgut to resist the invading troops. However, they must distinguish themselves from the civilian population by, at the very least, carrying their arms openly during deployments and engagements, otherwise they run the risk of being treated as unprivileged belligerents. 17
JSP 383: Manual of the Law of Armed Conﬂict – 11.12
After Effective Occupation
Even after an occupation has become effective, members of the armed forces who have not surrendered, 18 members of organised resistance movements, 19 and members of internationally recognised liberation movements 20 may continue the ﬁgut, so long as they distinguish themselves from the civilian population or carry their arms openly during deployments and engagements. 21 Alevée en masse is not possible after effective occupation. 22
JSP 383: Manual of the Law of Armed Conﬂict – 11.13
Only combatants have the right to participate directly in hostilities. 23 If civilians take a direct part in hostilities without satisfying the conditions under which they acquire lawful combatant status, 24 they are not entitled to be treated as belligerents and may be punished by the occupying power. 25
However, civilians taking an indirect part in hostilities by, for example, providing information or materiel, assisting escapers, and hiding weapons could only be punished if they contravened any laws or regulations passed by the occupying power.
JSP 383: Manual of the Law of Armed Conﬂict – 11.14
Unprivileged belligerents are, in any event, entitled to the protection of the Convention and Protocol, 26 although the right of communication may be forfeited in the case of spies. 27
JSP 383: Manual of the Law of Armed Conﬂict – 11.14.1
Punishing protected persons individually or collectively for offences that they have not committed is unlawful, whether or not such punishment is a reprisal measure in response to the activities of unprivileged belligerents. 28 The personal property of civilians is similarly protected. 29
JSP 383: Manual of the Law of Armed Conﬂict – 11.14.2
16. See para 4.8.
17. AP I, Arts 43 and 44. For mercenaries, see AP I, Art 47.
18. Surrender of a commander binds members of the armed forces under his command, but not those under other commands, or those serving in allied or foreign forces.
19. GC III, Art 4A(2); AP I, Arts 43 and 44.
20. AP I, Arts 1, 43, 44, and 96. The UK made a statement on ratioﬁcation of AP I that it would only consider itself bound by a declaration of adherence by a body that is genuinely an authority representing a people engaged in a liberation conﬂict.
21. AP I, Art 44(3).
22. GC III, Art 4A(6).
23. AP I, Art 43(2)
24. See Ch 4.
25. See paras 11.25 and 11.28.
26. GC IV, Arts 4, 5, and 68; AP I, Art 75.
27. GC IV, Art 5; AP I, Art 45(3). Under these articles, a state can take more severe measures against an unprivileged belligerent in its own territory than it can in occupied territory.
28. GC IV, Art 33. Also prohibited is the practice of taking ‘hostage prisoners’ as a deterrent, GC IV, Art 34. The phenomenon of suicide bombing has posed problems regarding the implementation of these rules. In 2002–03, following a number of suicide bomb attacks on Israeli civilians and military personnel, Israel took severe measures in the Israeli-occupied territories against the families of certain suicide bombers.
29. GC IV, Art 53
D. DUTIES OF THE POPULATION OF OCCUPIED TERRITORY
Limits of Legislative Powers of the Occupier
The occupying power can create punishable offences in the interests of its security or that of the population in the occupied territory. 30 It cannot compel the population of occupied territory to acknowledge its sovereignty. That means that civilians cannot be required to :
a. take part in operations against their own country; 31
b. assist the war effort of the occupying power against their own country; 32
c. serve in the armed or auxiliary forces of the occupying power; 33
d. give information to the occupying power about their own armed forces or other defence information. 34
JSP 383: Manual of the Law of Armed Conﬂict – 11.15
While the orders of the authorities of an occupying power may be lawful, and while the occupant is entitled to require obedience to lawful orders, it does not necessarily follow that failure to comply with such orders is illegal under the law of armed conﬂict. However, the inhabitants are liable for punishment by the occupying power should they disobey legislation, proclamations, regulations, or orders properly made by that power.
JSP 383: Manual of the Law of Armed Conﬂict – 11.15.1
In case of necessity, the inhabitants may be called upon for police duty, to assist the regular police in the maintenance of public order, for help with ﬁre ﬁgating, or to perform other duties that may be required of citizens for the public good. 35
JSP 383: Manual of the Law of Armed Conﬂict – 11.16
This rule enables the occupant, in case of necessity, to conscript civilians for ordinary routine public duties, e.g., civilian traffic control, provided these duties do not contravene paragraph 11.15. The occupant is responsible for the orderly government of the territory. 36
JSP 383: Manual of the Law of Armed Conﬂict – 11.16.1
Rights of Inhabitants
The inhabitants must not be deprived, by reason of changes brought about by the occupation, of any of the beneﬁts to which they are entitled under the Convention. 37
JSP 383: Manual of the Law of Armed Conﬂict – 11.17
30. GC IV, Art 64. See also R. Baxter, ‘The Duty of Obedience to the Belligerent Occupant’ (1959) BYIL 235, in particular in relation to the obligations of inhabitants, further referred to in para 11.15.1.
31. HR, Art 23.
32. HR, Art 52.
33. GC IV, Art 51. Nor may any pressure or propaganda be directed at them to enlist in those forces voluntarily
34. HR, Art 44.
35. The War Office, The Law of War on Land being Part III of the Manual of Military Law (1958) (MML III), para 545.
36. See GC IV, Art 64.
37. GC IV, Art 47. These rights are set out in paras 9.21–9.24 and, in the case of internees, in paras 9.37–9.113
E. ADMINISTRATION OF OCCUPIED TERRITORY
The occupying power is forbidden to compel the inhabitants of occupied territory to swear allegiance to it. 38
JSP 383: Manual of the Law of Armed Conﬂict – 11.18
The occupying power assumes responsibility for administering the occupied area. 39 Whether the administration imposed by the occupying power is called a military government or civil government is not important. The legality of its acts will be determined in accordance with the law of armed conﬂict. The occupying power cannot circumvent its responsibilities by installing a puppet government or by issuing orders that are implemented through local government officials still operating in the territory (see paragraph 11.7). Further, an occupying power is also responsible for ensuring respect for applicable human rights standards in the occupied territory. Where the occupying power is a party to the European Convention on Human Rights, the standards of that Convention may, depending on the circumstances, be applicable in the occupied territories. 40
JSP 383: Manual of the Law of Armed Conﬂict – 11.19
Officials, Civil Servants, Police, and Judges
Officials of the occupied territory owe no duty of allegiance to the occupying power and may refuse to serve that power. 41 If they have ﬂed, the occupying power will have to form its own administration. Local authority officials who remain may be employed for this purpose.
JSP 383: Manual of the Law of Armed Conﬂict – 11.20
Duties of officials
The occupying power may not alter the status of officials, nor apply any sanctions or take measures of coercion or discrimination against them if they decide to abstain on grounds of conscience from fluﬁlling their functions. 42 A belligerent cannot compel officials to take part in military operations against their own country, even if they were in the belligerent’s service before the commencement of the armed conﬂict. 43 Those who refuse to serve may, nevertheless, be compelled to do certain types of work, see paragraph 11.52. 44
JSP 383: Manual of the Law of Armed Conﬂict – 11.21
38. HR, Art 45.
39. HR, Art 43.
40. See the decision of the European Court of Human Rights in Bankovi´c and others v Belgium and others (2003) 41 ILM 517.
41. GC IV, Art 54. See also, Pictet Commentary on GC IV, 302–308.
42. GC IV, Art 54. See also, Pictet, Commentary on GC IV, 302–308. However, see para 11.22.
43. HR, Art 23.
44. GC IV, Art 54. See also GC IV, Art 51(2)
Officials will normally be given instructions by their own government whether or not to remain at their posts in the event of occupation. In the absence of instructions, each must use his initiative. In making their decisions, officials must consider the need to protect life and property. The police should, so far as possible, continue their functions so as to avoid a complete breakdown of law and order. However, they cannot be required to act against lawful combatants, including properly organised resistance movements. Continuity of local administration is important if chaos is to be prevented and the welfare of the population sustained.
JSP 383: Manual of the Law of Armed Conﬂict – 11.21.1
Dismissal of officials
The occupying power may dismiss officials, including judges, and replace them if they refuse obedience to the occupying power. 45 However, this power should not be used arbitrarily, for example, for reasons unconnected with the official’s work, or because of the official’s refusal to carry out an order that is contrary to international law. 46
JSP 383: Manual of the Law of Armed Conﬂict – 11.22
Retention of officials
The occupying power is responsible for paying the salaries of officials who continue to serve if it collects the taxes of the occupied territory. 47 Officials may, as a condition of their being permitted to continue in office, be called upon to take an oath or give an assurance that they will perform their duties conscientiously. The occupying power has no right to demand an oath of allegiance. 48
JSP 383: Manual of the Law of Armed Conﬂict – 11.23
Offences by officials
Wrongful acts by officials may lead to their dismissal. Where their acts constitute ordinary crimes, they must be tried and punished according to the laws of the occupied territory. Any act calculated to injure the occupying forces may be dealt with according to security laws previously introduced by the occupying power. 49 Internment may also be ordered in the interests of the security of the occupying power. 50
JSP 383: Manual of the Law of Armed Conﬂict – 11.24
45. GC IV, Art 54. See also Pictet, Commentary on GC IV, 302–308.
46. See the cases of the German military courts in Greece, 1943–45 AD Case No 149; also, R v Maung Hmin et al, 1946 AD Case No 139; M P (Batavia) v Mrs S (Bandoeng), 1947 AD Case No 118.
47. HR, Art 48.
48. HR, Art 45.
49. GC IV, Art 64.
50. GC IV, Art 78
The law in force
There is an obligation during the occupation to respect the laws in force in the occupied territory unless absolutely prevented. 51 An occupying power would be prevented from respecting the laws in force if they conﬂcited with its obligations under international law, especially Geneva Convention IV 1949. The occupying power is not obliged to use the full powers available under the laws in force in occupied territory. It may suspend any of those laws that affect its own security, for example, those concerning conscription, electoral enfranchisement, rights of public assembly, the bearing of arms, and the freedom of the press. The right of the inhabitants to take legal action in the local courts must not be affected. 52 The occupying power may amend the existing law of the occupied territory or promulgate new law if this is necessitated by the exigencies of armed conﬂict, the maintenance of order, or the welfare of the population. 53 The domestic law of the occupying power (apart from that affecting its own armed forces) does not extend to occupied territory.
JSP 383: Manual of the Law of Armed Conﬂict – 11.25
Since the occupying power has a duty to look after the welfare of the inhabitants, regulations, for example, ﬁxing prices and securing the equitable distribution of food and other commodities, are permissible. The occupying power should make no more changes to the law than are absolutely necessary, particularly where the occupied territory already has an adequate legal system.
JSP 383: Manual of the Law of Armed Conﬂict – 11.25.1
The courts of occupied territory retain jurisdiction to deal with any of the inhabitants’ cases that are neither of a military nature, nor affect the safety of the occupying forces. Jurisdiction in the latter two cases is a matter for the authorities of the occupying power. Members of the occupying forces and their civilian component are normally not subject to the jurisdiction of the local courts but remain under that of their own military authorities. 54
JSP 383: Manual of the Law of Armed Conﬂict – 11.26
51. HR, Art 43
52. HR, Art 23(h).
53. HR, Art 43.
54. All states are under an obligation to try persons who have committed grave breaches of the Geneva Conventions. In theory, both the local courts and those of the occupying power would have jurisdiction to try members of the occupying forces for grave breaches. In practice, jurisdiction in those cases would usually be exercised by the occupying power.
The local courts may be suspended only if necessitated by the judges’ or magistrates’ refusal to act or on account of the behaviour of the inhabitants. In those circumstances, the occupying power must establish and duly publicise its own courts. Local courts, where functioning, have an obligation to enforce the proper laws and orders of the occupying power, but before doing so are entitled to determine whether those laws and regulations are within the competence of the occupying power under international law.
JSP 383: Manual of the Law of Armed Conﬂict – 11.27
Publication of measures
The suspension, modiﬁcation, or replacement of law or courts must be published to the population of the occupied territory in their own language.
JSP 383: Manual of the Law of Armed Conﬂict – 11.28
The special rules of the Convention dealing with the administration of criminal law in occupied territory are dealt with in paragraphs 11.56 to 11.74
JSP 383: Manual of the Law of Armed Conﬂict – 11.29
The economy of an occupied country can only be required to bear the expenses of the occupation and these should not be greater than the economy of the country can reasonably be expected to bear. 55
JSP 383: Manual of the Law of Armed Conﬂict – 11.30
If the occupying power collects taxes, duties, and tolls which were payable in the occupied state, it is bound to apply them towards the cost of administering that territory. 56 As far as possible, it must do so in accordance with the existing tax laws but any balance may be applied towards the maintenance of the occupying forces. However, local rates may only be used for the purposes for which they were levied. If tax officials continue to work normally, taxes will be collected by them in the usual way. Otherwise, the occupying power may impose an obligation on each local authority to collect and pay a proportion of total revenue. The occupying power can levy contributions from the inhabitants, which may only be applied to the needs of the occupying forces or to the administration of the territory and only in so far as those requirements are not met by existing taxation. Funds raised must not be used for the enrichment of the occupying power or its personnel, 57 nor be used as a collective punishment. 58 Contributions from towns and productive areas may be used to support poorer areas. Contributions may only be collected on the written order of the commander-in-chief of the occupying forces. Generally, fund-raising must accord as far as possible with the system for assessing taxes in the occupied territory. A receipt must be given to each individual contributor. 59
JSP 383: Manual of the Law of Armed Conﬂict – 11.31
55. Judgment of the International Military Tribunal sitting at Nuremberg, Trial of the Major War Criminals before the International Military Tribunal (IMT), vol XXII, 482.
56. HR, Art 48.
57. HR, Art 49.
58. HR, Art 50.
59. HR, Art 51
The occupying power may place on the occupied territory such restrictions and conditions in respect of commercial dealings as may be necessary for military purposes. For the same reasons it may remove existing restrictions, such as current customs tariffs.
JSP 383: Manual of the Law of Armed Conﬂict – 11.32
The occupying power’s own currency may be used in addition to that of the occupied territory. Currency regulations may be issued by the occupying power. These measures must be necessitated by the situation in the occupied territory and must not be for the purpose of enriching the occupying power or damaging the local economy. It follows that attempts to debase the currency or impose artiﬁcial exchange rates would be unlawful. The occupying power may also issue vouchers for use by members of its forces and civilian component in the occupying forces’ installations, shops, and canteens.
JSP 383: Manual of the Law of Armed Conﬂict – 11.33
For legitimate reasons of security only, censorship may be imposed on the press, ﬁlms, radio, television, theatres, and public entertainment, or to limit or prohibit telegram, postal, or telecommunications. To the same extent, existing press laws need not be respected, the publication of newspapers may be prohibited or subjected to restrictions, and the distribution of newspapers to unoccupied parts of the country or neutral countries may be stopped.
JSP 383: Manual of the Law of Armed Conﬂict – 11.34
Subject to the exigencies of the armed conﬂict, existing postal services must be permitted to continue. The occupying power is not obliged to provide postal facilities for the inhabitants except in accordance with speciﬁc obligations under international law, such as, for example, prisoner of war and internee mail, relief consignments, communications with the protecting power, and the ICRC.
JSP 383: Manual of the Law of Armed Conﬂict – 11.35
All means of transport, whether public or private, come under the authority of, and so may be regulated by, the occupying power and are subject to requisitioning. 60
JSP 383: Manual of the Law of Armed Conﬂict – 11.36
60. HR, Art 53. See paras 11.82 and 11.90.
Restrictions on civilians
Although the occupying power can impose various restriction on civilians, including restricting freedom of movement within the occupied territory, forbidding changes of residence, visits to particular districts or immigration, and may require the possession of an identity card, these are all subject to the safeguards set out in the Convention. 61 Protected persons 62 who are not nationals of the state whose territory is occupied have the right to leave, subject to similar conditions and procedures as those under which they would be entitled to leave the territory of a belligerent. 63
JSP 383: Manual of the Law of Armed Conﬂict – 11.37
Internment or assigned residence
If other measures are insufficient, and it is required by imperative reasons of security, civilians in occupied territory may be placed in an assigned residence or may be interned. 64 Such action must accord with procedures prescribed by the occupying power and the requirements of the Convention set out in paragraphs 9.31 to 9.36.
JSP 383: Manual of the Law of Armed Conﬂict – 11.38
The prescribed procedures must include a right of appeal. Appeals are to be decided with the minimum of delay, decisions being subject to periodical review, if possible every six months, by a competent body set up by the occupying power.
JSP 383: Manual of the Law of Armed Conﬂict – 11.38.1
Persons subjected to assigned residence orders and required to leave their homes must be given an opportunity (subject to the interests of security) of ﬁnding paid employment. If they are unable to support themselves and their dependants, the occupying power must ensure that they are supported and must permit them to receive allowances from their home country, the protecting power, or relief societies.
JSP 383: Manual of the Law of Armed Conﬂict – 11.38.2
Public worship must be permitted by the occupying power and religious convictions respected, 65 ministers of religion being permitted to give spiritual assistance to members of their religious communities. The occupying power must also accept consignments of books and articles needed for religious purposes and facilitate their distribution within the territory. 66 If the salaries of the clergy are paid by the state and the occupying power collects the taxes, it must continue to pay them. 67
JSP 383: Manual of the Law of Armed Conﬂict – 11.39
1. e.g., Arts 47–78.
62. See para 9.17.
63. GC IV, Art 48. See para 9.25.
64. GC IV, Arts 42, 43, and 78.
65. HR, Art 46.
66. GC IV, Art 58
67. HR, Art 48.
Children and Education
Schools and other educational establishments must be permitted to continue their ordinary activities. 68 The occupying power must, with the co-operation of the national and local education authorities, facilitate the proper working of schools and other institutions devoted to the care and education of children. In certain circumstances an occupying power may be within its rights in temporarily closing educational institutions, but only when there are very strong reasons for doing so, these reasons are made public, and there is a serious prospect that the closure will achieve important and worthwhile results.
JSP 383: Manual of the Law of Armed Conﬂict – 11.40
The occupying power must do all that it can to facilitate the identiﬁcation of children 69 and registration of their parentage. A special section of the national information bureau must be given responsibility for identifying children whose identity is in doubt. Particulars of their parents or other near relatives must always be recorded, if available. The personal status of children may not be changed and they may not be enlisted in formations or organisations controlled by the occupying power. If local institutions are inadequate, the occupying power must make arrangements for the maintenance and education of children who are orphaned or separated from their parents and who cannot adequately be looked after by relatives or friends. Persons entrusted with the maintenance and education of children must, if possible, have the same nationality, language, and religion as the children. Any measures introduced prior to the occupation in favour of children aged under 15 years, expectant mothers, and mothers of children under seven years in respect of food, medical care, and protection against hostilities must not be obstructed by the occupying power. 70
JSP 383: Manual of the Law of Armed Conﬂict – 11.41
68. GC IV, Art 50.
69. See para 9.9.
70. GC IV, Art 50
Medical Care and Hygiene
Responsibility of occupying power
The occupying power has a responsibility for the medical care of the inhabitants of occupied territory. 71 It must ensure, so far as possible, that existing hospitals, medical, public health, and hygiene services in the territory are continued. It has a special responsibility to prevent the spread of disease. The medical and health authorities and personnel of the occupied territory must assist in this process. It follows that medical personnel of all categories must be allowed to carry out their duties. In doing so, the occupying power must take account of the moral and ethical standards of the population. If the occupying power sets up and operates new hospitals, they are entitled to protection from attack and to display the protective emblem. 72 Medical transports and personnel are similarly protected. 73 The occupying power may issue such regulations as are necessary for compliance with its obligations under this paragraph.
JSP 383: Manual of the Law of Armed Conﬂict – 11.42
Requisitioning of medical units
The occupying power must not requisition civilian medical units, 74 their equipment, and personnel as long as they are needed for the treatment of civilians. If not, they may be requisitioned provided that:
a. it is necessary to do so for the adequate and immediate treatment of military wounded and sick;
b. requisitioning only lasts as long as the need continues;
c. immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisﬁed. 75
JSP 383: Manual of the Law of Armed Conﬂict – 11.43
Food and Other Essential Supplies
The occupying power is bound to ensure, to the fullest extent of the available means, that the civilian population are supplied with food, medical supplies, clothing, bedding, means of shelter, other supplies essential to their survival, and objects necessary for religious worship. 76 If the resources of the occupied territory are insufficient, these items must be supplied by the occupying power. The occupying power must not requisition 77 food, medical supplies, or other articles in occupied territory except for use by the occupation forces and their civilian component, and then only if the needs of the civilian population have ﬁrst been taken into account. Receipts must be given for requisitioned property and a fair price paid. 78 The protecting power must be given the opportunity at any time to verify the state of the food and medical supplies in occupied territory, subject to any temporary restrictions imposed by imperative military requirements.
JSP 383: Manual of the Law of Armed Conﬂict – 11.44
These provisions are intended to prevent economic exploitation of occupied territories.
JSP 383: Manual of the Law of Armed Conﬂict – 11.44.1
72. GC IV, Art 18. See para 7.23.
73. GC IV, Art 56.
74. For deﬁnotion, see para 7.10.
75. GC IV, Art 57; AP I, Art 14.
76. GC IV, Art 55; AP I, Art 69.
77. See paras 11.83 and 11.84.
78. See also, HR, Arts 52 and 53.
Relief schemes 79
If the whole or part of the population of occupied territory suffers from a shortage of supplies, the occupying power must agree to relief schemes being put into operation. Such schemes must be implemented without delay, the occupying power facilitating them by all available means. 80 Relief schemes relate particularly to the provision of food, medical supplies, and clothing and may be undertaken by neutral states 81 or impartial humanitarian organisations such as the ICRC. All parties to the Convention and Protocol must permit the free passage of relief supplies and guarantee their protection. A state permitting the passage of relief supplies to territory occupied by an adverse party is entitled to search the consignments, regulate their passage according to prescribed times and routes, and be reasonably satisﬁed, through the protecting power, that the consignments are to be used for the relief of the population of occupied territory and not for the beneﬁt of the occupying power. 82
JSP 383: Manual of the Law of Armed Conﬂict – 11.45
Diversion of relief supplies
Relief supplies may only be diverted from the purposes for which they were intended, with the consent of the protecting power, in cases of urgent necessity and in the interests of the population of occupied territory. 83
JSP 383: Manual of the Law of Armed Conﬂict – 11.46
Diversion of relief supplies might be necessary if, for example, an epidemic ceased in one area but spread to another, or if insuperable difficulties prevented supplies from getting through to the original destination.
JSP 383: Manual of the Law of Armed Conﬂict – 11.46.1
The co-operation and supervision of the protecting power must be sought with regard to the distribution of relief supplies. If the protecting and occupying powers agree, this responsibility may be delegated to another neutral state, the ICRC, or other impartial humanitarian body. The occupying power must facilitate the rapid distribution of relief consignments. 84
JSP 383: Manual of the Law of Armed Conﬂict – 11.47
79. AP I, Art 69.
80. GC IV, Art 59; AP I, Art 70.
81. Although GC IV, Art 59, refers to ‘States’, Pictet, Commentary on GC IV, 321 suggests that only neutral states are capable of providing the essential guarantees of impartiality. AP I, Art 70 is capable of more ﬂexible interpretation.
82. GC IV, Art 59; AP I, Art 70.
83. GC IV, Art 60.
84. GC IV, Art 61
Taxes, duties, and costs
In occupied territory, relief supplies must be exempted from all charges, taxes, or customs duties unless these are essential to the economy of that territory. All other parties to the Convention and Protocol are required to do their best to permit transit and transport of relief supplies to occupied territories free of charge. 85
JSP 383: Manual of the Law of Armed Conﬂict – 11.48
The provisions of paragraph 9.12 apply equally to relief personnel in occupied territory. 86
JSP 383: Manual of the Law of Armed Conﬂict – 11.49
Unless there are imperative security reasons to the contrary, the occupying power must also permit protected persons in occupied territory to receive individual relief consignments. 87
JSP 383: Manual of the Law of Armed Conﬂict – 11.50
Subject to temporary and exceptional measures imposed for urgent reasons of security by the occupying power, the latter has a duty to permit recognised national red cross and red crescent societies and other similar organisations to continue their humanitarian activities in accordance with established principles. The occupying power may not require any changes in the personnel or structure of these societies that would prejudice their activities. The same principles apply to non-military organisations that are already in existence in the occupied territory, or which may be established, for the maintenance of essential public utility services, distribution of relief, and organisation of rescues. 88
JSP 383: Manual of the Law of Armed Conﬂict – 11.51
85. GC IV, Art 61; AP I, Art 70.
86. AP I, Art 71.
87. GC IV, Art 62. An example would be a civil defence organisation, see also AP I, Art 63.
88. GC IV, Art 63.
Protected persons aged 18 years and over who are not interned may be required by the occupying power to do work necessary for the occupying forces, the public utility services, or the feeding, sheltering, clothing, transport, or health of the population of the occupied country. 89
JSP 383: Manual of the Law of Armed Conﬂict – 11.52
To meet the needs of the occupying forces or for the administration of occupied territory, the occupying power may enlist the aid of the local population in such capacities as, for example, engineers, doctors and nurses, clerical staff, carpenters and builders, butchers, bakers, and lorry drivers. Employees of railways, haulage contractors, airlines, canal, river, tug, and shipping companies, telephone, postal, and broadcasting authorities may also be enlisted. So too may labourers involved in repairing roads, bridges, or railways, those involved in the burial of the dead or the removal of refuse.
JSP 383: Manual of the Law of Armed Conﬂict – 11.52.1
Refusal to do permitted work may be punished if the occupying power ﬁrst passes legislation to that effect.
JSP 383: Manual of the Law of Armed Conﬂict – 11.52.2
The following types of work are prohibited :
a. compulsory service in the armed forces of the occupying power; 90
b. compulsory work by persons under 18 years; 91
c. compulsory work involving participation in military operations;
d. work outside the occupied country of which the workers concerned are nationals;
e. employment in organisations of a military or semi-military character;
g. any other work outside the categories listed in paragraph 11.52.
JSP 383: Manual of the Law of Armed Conﬂict – 11.53
Protected persons may not be compelled to use forcible means to ensure the security of installations where they are performing compulsory labour, 92 nor may they be compulsorily employed in, for example, the construction of military defences or airﬁelds, the production of munitions, the movement of military supplies, or the laying or lifting of mineﬁelds.
JSP 383: Manual of the Law of Armed Conﬂict – 11.53.1
Conditions of work
As far as possible, workers should remain in their usual places of employment and be paid a fair wage. The work must be appropriate to their physical and intellectual capacities. The legislation in force in the occupied territory concerning working conditions such as wages, hours of work, equipment, training, and compensation for occupational accidents and illnesses continues to apply. 93 Contracts and regulations may not prevent workers from seeking the assistance of the protecting power. Measures aimed at creating unemployment or restricting opportunities so as to induce people to work for the occupying power are prohibited. 94
JSP 383: Manual of the Law of Armed Conﬂict – 11.54
89. GC IV, Art. 51. See para 9.77 in respect of internees
90. GC IV, Art 51. See para 9.77 in respect of internees.
91. This is a grave breach of GC IV, see Art 147.
92. GC IV, Art 51. Except, to some extent, for police duties, see para 11.21.
93. GC IV, Art 51. See para 9.77 onwards in respect of internees.
94. GC IV, Art 52.
Deportation and Movement of Civilians
The occupying power is forbidden to transfer forcibly or deport protected persons from an occupied country either to its own territory or to that of any other state. Members of the occupying power’s own civilian population may not be transferred to occupied territory. Protected persons may not be detained in an area that is especially exposed to the dangers of armed conﬂict, unless the security of the population or imperative military reasons so demand. An area may be totally or partially evacuated by the occupying power if :
a. such evacuation is required either for the security of the population or for reasons of imperative military necessity; and
b. protected persons are not moved outside occupied territory, unless there is no alternative; and
c. the evacuees are returned to their homes as soon as hostilities in the area have ceased; and
d. to the greatest extent practicable :
(1) proper accommodation is provided, and
(2) movement takes place under satisfactory conditions of hygiene, health, safety, and nutrition, and
(3) members of the same family are not separated; and
e. the protecting power is informed of transfers and evacuations as soon as they have taken place. 95
JSP 383: Manual of the Law of Armed Conﬂict – 11.55
Unlawful deportation or transfer is a grave breach of the Convention. 96
JSP 383: Manual of the Law of Armed Conﬂict – 11.55.1
Administration of Criminal Law
Continuation of criminal law
During the occupation, the existing criminal law of the occupied territory remains in force. It may be amended, suspended, or repealed by the occupying power only if it constitutes a threat to security or impedes compliance with international law. To the same extent, the courts of occupied territory may continue to administer the criminal law. 97
JSP 383: Manual of the Law of Armed Conﬂict – 11.56
Power to enact new legislation
The occupying power may introduce new criminal laws as necessary to enable it to fluﬁl its international obligations, maintain orderly government, and ensure the security of the occupying power, its forces, administration, establishments, and lines of communication. 98
JSP 383: Manual of the Law of Armed Conﬂict – 11.57
Publication of new legislation
New criminal law enacted by the occupying power comes into force only after it has been duly published to the inhabitants in writing in their own language. It must not be retroactive. 99
JSP 383: Manual of the Law of Armed Conﬂict – 11.58
The occupying power may set up its own non-political, military courts to try offences created by its own legislation. These courts, sometimes known as occupation courts, are in addition to the existing criminal courts and others that have to be established by the occupying power to administer the law of the occupied territory if officials and judges have left their posts. Occupation courts must sit in the occupied territory. So, whenever possible, should courts dealing with appeals from occupation courts. 100
JSP 383: Manual of the Law of Armed Conﬂict – 11.59
The rule set out in paragraph 11.59 prohibits the occupying power from extending its own civil court system to occupied territory. The occupation courts may consist of either military or civilian judges, but they must be responsible to the military authorities of the occupying power. If they are authorised to do so in accordance with laws made by the occupying power, these courts may also try cases of alleged war crimes. 101 All of these courts are subject to the rules set out in paragraphs 9.6 and 11.60 to 11.74.
JSP 383: Manual of the Law of Armed Conﬂict – 11.59.1
Occupation courts may only apply those provisions of law applicable at the time of the commission of the offence and which accord with general principles of law and with human rights guarantees in the occupant’s law and human rights instruments by which the occupying power is bound. 102 In the absence of more speciﬁc rules, the principles in the Universal Declaration of Human Rights 1948 will apply. In particular, the penalty must be proportionate to the offence. Courts must also take into account the fact that the accused is not a national of the occupying power. 103
JSP 383: Manual of the Law of Armed Conﬂict – 11.60
95. GC IV, Art 49.
96. GC IV, Art 147; AP I, Art 85(4)(a).
97. GC IV, Art 64
98.GC IV, Art 64.
99.GC IV, Art 65.
100.GC IV, Art 66.
101.MML III, para 568. See para 9.7.
102.See para 11.19.
103.GC IV, Art 67
Prosecution of nationals of the occupying power
Nationals of the occupying power who, before the outbreak of hostilities, sought refuge in the territory of the occupied state, must not be arrested, prosecuted, convicted, or deported from the occupied territory, except for offences committed :
a. after the outbreak of hostilities; or
b. before the outbreak of hostilities which, according to the law of the occupied state, would have justﬁed extradition in peacetime. 104
JSP 383: Manual of the Law of Armed Conﬂict – 11.61
Notiﬁcation of proceedings
The protecting power must be informed of all proceedings brought by the occupying power against protected persons and involving possible sentences of imprisonment for two years or more or the death penalty. 105 It is entitled to have information at any time about the state of such proceedings and also to obtain full particulars of any other proceedings brought by the occupying power against protected persons. Notiﬁcation of cases involving the death penalty or imprisonment for two years or more must reach the protecting power at least three weeks before the date of the ﬁrst hearing and must include the following particulars :
a. a description of the accused;
b. the place of residence or detention;
c. details of the charge or charges and particulars of the law or laws alleged to have been violated;
d. details of the court that will try the accused; and
e. the date and place of the ﬁrst hearing. 106
JSP 383: Manual of the Law of Armed Conﬂict – 11.62
Rights of defence
Accused persons are entitled to the following :
a. prompt written noriﬁcation, in a language that they understand, of the particulars of the charges against them; 107
b. personal presence at the trial including the facility to present necessary evidence for the defence, calling witnesses as required;
c. assistance by a quailﬁed advocate or counsel of their choice who must be able to visit them freely and have all necessary professional facilities for preparation of the defence; and
d. an interpreter to assist both during the preliminary investigation and at the trial, together with the right to object to the interpreter at any time and to ask for his replacement. 108
JSP 383: Manual of the Law of Armed Conﬂict – 11.63
If the accused fails to choose an advocate, the protecting power may provide one for him. If the protecting power is not functioning and the accused faces a serious charge, the occupying power has a duty to provide an advocate or counsel, subject to the accused’s consent. 109
JSP 383: Manual of the Law of Armed Conﬂict – 11.63.1
104. GC IV, Art 70.
105. Death sentences may not be imposed by UK courts.
106. GC IV, Art 71.
107. GC IV, Art 71.
108. GC IV, Art 72; AP I, Art 75(4)(e), (g).
109. GC IV, Art 72; AP I, Art 75(4)(a).
Avoidance of delay
The accused shall be brought to trial as rapidly as possible. 110
JSP 383: Manual of the Law of Armed Conﬂict – 11.64
Bar to trial
Before the trial can commence, evidence must be submitted at its opening that due notice was given to the protecting power. 111
JSP 383: Manual of the Law of Armed Conﬂict – 11.65
Procedure at trial
Sentence may not be pronounced until the accused has been properly tried. The minimum requirements of a proper trial are set out in paragraph 9.6. 112
JSP 383: Manual of the Law of Armed Conﬂict – 11.66
Attendance of the protecting power at trial
Representatives of the protecting power have the right to attend the hearing, unless it is held in camera for security reasons. In that case, the protecting power must be noriﬁed of the fact and of the place and date of trial. 113
JSP 383: Manual of the Law of Armed Conﬂict – 11.67
The following rules on punishments must be observed :
a. protected persons who commit an offence aimed only at harming the occupying power, but not amounting to an attempt on the life or limb of members of the occupying forces or administration, a grave collective danger, or a cause of serious damage to the property of those forces, their administration or installations, are subject to the maximum punishment of internment or simple imprisonment, provided that the duration of such internment or imprisonment is proportionate to the offence; 114
b. military courts of the occupying power may, at their discretion, convert a sentence of imprisonment to one of internment for the same period; 115
c. the death penalty may only be pronounced : 116
(1) in respect of offences against laws introduced by the occupying power where the accused has been convicted of espionage, serious acts of sabotage against military installations of the occupying power, or intentional offences which have caused death; 117
(2) on a protected person if the attention of the court has been drawn to the fact that the accused is not a national of the occupying power and, therefore, owes it no duty of allegiance; 118
(3) on a protected person who was aged 18 years or over at the time of the offence; 119
d. protected persons must not be arrested, prosecuted, or convicted for acts committed or for opinions expressed before the occupation or during a temporary interruption of the occupation; 120 and
e. any period spent under arrest by the protected person while awaiting trial or punishment has to be deducted from any sentence of imprisonment. 121
JSP 383: Manual of the Law of Armed Conﬂict – 11.68
The reference in sub-paragraph (a) to ‘internment or simple imprisonment’ does not preclude non-custodial penalties, such as ﬁnes, not involving the loss of an individual’s liberty. Some breaches of legislation made by the occupying power, even if not intended solely to harm that power, may also be punished by internment or imprisonment, since they adversely affect the orderly government of the territory for which the occupying power is responsible under the Convention. Examples of such offences include contravention of regulations on blackout, curfew, traffic or exchange control. 122
JSP 383: Manual of the Law of Armed Conﬂict – 11.68.1
Notiﬁcation of outcome of trial
The protecting power must be noriﬁed of any sentence of imprisonment for two years or more or of death and of the grounds for that sentence. The noriﬁcation must refer to the pre-trial noriﬁcation and, in the case of imprisonment, must identify the place where the sentence is to be served. 123
JSP 383: Manual of the Law of Armed Conﬂict – 11.69
110. GC IV, Art 71.
111. In accordance with para 11.62: GC IV, Art 71.
112. GC IV, Art 71; AP I, Art 75(4). It is a grave breach to deprive wilfully a protected person of the rights to a fair and regular trial, see GC IV, Art 147, AP I, Art 85(4)(e).
113. GC IV, Art 74. The reference number of the pre-trial notice should be given.
114. GC IV, Art 68.
115. GC IV, Art 68.
116. A death penalty may not be pronounced by a UK court.
117. GC IV, Art 68 continues with the proviso that such offences had to have been punishable by death under the law of the occupied territory in force before the occupation began.
118. GC IV, Art 68.
119. GC IV, Art 68. For death sentences on women, see para 9.8.2.
120. GC IV, Art 70. This does not apply to violations of the laws and customs or war.
121. GC IV, Art 69.
122. MML III, para 566, n 3.
123. GC IV, Art 74.
Although a convicted person has no speciﬁc right of appeal under the law of armed conﬂict, a right of appeal may exist under the law applied by the court. Even where that law makes no provision for appeal, the convicted person has a right to petition the competent authority of the occupying power in respect of ﬁnding and sentence. He must be fully informed of his rights of appeal and of any time-limits within which he must present his appeal or petition. 124
JSP 383: Manual of the Law of Armed Conﬂict – 11.70
Time limits for appeals
Any time-limit for appeals in cases of death sentences or imprisonment for two years or more does not begin to run until the noriﬁcation of the judgment has been received by the protecting power. 125
JSP 383: Manual of the Law of Armed Conﬂict – 11.71
Death sentences may not be imposed by United Kingdom courts, nor may United Kingdom service personnel or officials assist in any way in the implementation of death sentences, for example, by other states or by local courts. For states whose laws permit death sentences, the following rules of the Convention apply. Persons sentenced to death may not be deprived of the right to petition for pardon or reprieve. Death sentences may not be carried out before at least six months have expired from the date of receipt by the protecting power of noriﬁcation of ﬁnal conﬁrmation of the death sentence or of any order denying pardon or reprieve. The six-month period may, however, be reduced in particular cases in circumstances of grave emergency involving an organised threat to the security of the occupying power or its forces. But even so, the protecting power must be noriﬁed of the reduced period and must be given a reasonable time and opportunity to make representations to the occupying authorities about the death sentence. 126
JSP 383: Manual of the Law of Armed Conﬂict – 11.72
Record of judgments
A record of all judgments must be maintained by the courts and made available for inspection by representatives of the protecting power. 127
JSP 383: Manual of the Law of Armed Conﬂict – 11.73
Treatment of detainees
Protected persons who are detained either because they are awaiting trial or as a result of a custodial sentence are entitled to have the following treatment:
a. their sentences must be served in the occupied country;
b. their accommodation must, if possible, be separate from that of other categories of detainee;
c. their conditions of food and hygiene must be sufficient to keep them in good health and must not be less favourable than those in force in prisons in the occupied country;
d. they must have the medical attention required by their state of health;
e. they have the right to spiritual assistance;
f. women must be kept in separate quarters from men and under the direct supervision of women;
g. minors must be looked after appropriately;
h. detainees have the right to be visited by representatives of the protecting power and the ICRC;
i. detainees have the right to receive at least one relief parcel per month; and
j. detainees have the right at the conclusion of the occupation to be handed over with relevant records to the authorities of the liberated territory. 128
JSP 383: Manual of the Law of Armed Conﬂict – 11.74
124. GC IV, Art 73; AP I, Art 75(4)(j). Denial of the right of appeal would be a violation of the International Covenant on Civil and Political Rights 1966, Art 14, unless a speciﬁc derogation had been made under Art 4 of that Covenant.
125. GC IV, Art 74.
126. GC IV, Art 75.
127. GC IV, Art 74.
128. GC IV, Arts 76 and 77
F. ENEMY PROPERTY IN OCCUPIED TERRITORY
Any destruction of enemy property, whether it belongs to private individuals or the state, is prohibited unless the destruction is absolutely necessitated by military operations. 129 Extensive destruction and appropriation not justﬁed by military necessity and carried out unlawfully and wantonly is a grave breach of the Convention. 130
JSP 383: Manual of the Law of Armed Conﬂict – 11.75
There is no unrestricted right to seize and take enemy property of every kind. This part of this chapter deals with the question of enemy property in occupied territory. 131
JSP 383: Manual of the Law of Armed Conﬂict – 11.75.1
Respect for private property
Private property must be respected. Requisitions must be proportionate to the resources of the occupied territory and limited to the needs of the occupying power. 132 Seizure is limited to certain types of property, see paragraphs 11.76 and 11.81.
Private property includes not only what would be regarded in common parlance as private property but also property, regardless of ownership, which is dedicated to religion, charity, education, or to the arts or sciences. 133
JSP 383: Manual of the Law of Armed Conﬂict – 11.76.1
The requirement to respect private property is subject to conditions necessitated by armed conﬂict. For example, military operations inevitably cause damage to private property and occupying forces are entitled to requisition property for necessary military purposes. Nevertheless, the principle of respect is important. Nothing is more subversive of military discipline than plundering or looting. Theft and robbery remain punishable crimes in peace and war. 134 The soldier in an enemy country must observe the same respect for civilian property as he would at home.
JSP 383: Manual of the Law of Armed Conﬂict – 11.76.2
129. HR, Art 23(g); GC IV, Art 53.
130. GC IV, Art 147.
131. For the protection of civilian property on the battleﬁeld, see paras 5.23–5.25; for the treatment of property taken from prisoners of war, see para 8.25; and for the treatment of internees’ property, see para 9.43.
132. HR, Art 52. See also HR, Art 46.
133. HR, Art 56.
134. HR, Art 47; GC IV, Art 33. See also NDA1957, ss 5, 35A; AA1955, s 30, and AFA1955, s 63.
Permanent seizure of land and buildings
Land and buildings (whether belonging to private individuals or to corporations) must not be appropriated or otherwise disposed of, nor even used, leased, or hired for private or public proﬁt. This prohibition also protects the private property of ruling families, so long as it is private and not the property of the state. 135
JSP 383: Manual of the Law of Armed Conﬂict – 11.77
Temporary use of land and buildings
Land and buildings may be used temporarily for the needs of the occupying power, even if that use impairs its value. Military use would include, for example, use for quartering, construction of defensive positions, or for the accommodation of the wounded and sick. Buildings may be used for observation, reconnaissance, cover, and defence. If necessary, houses, fences, and woods may be cleared to open up a ﬁeld of ﬁre or the materials used for bridges, roads, or fuel imperatively needed by the occupying forces. The owner of property used in this way may claim neither rent nor compensation but, if possible, a note of the use or damage should be kept or given to the owner so that, if compensation becomes available at the close of hostilities, there will be evidence to support the claim. If, however, a private owner has been compelled to accommodate troops or the sick or wounded in his home, this constitutes requisitioning for which payment should be made. 136
JSP 383: Manual of the Law of Armed Conﬂict – 11.78
Quartering of troops
When troops are quartered in private accommodation, some rooms should be left for the inhabitants who should be evicted only if that is imperatively dictated by military necessity. In that event, some effort should be made to give the inhabitants notice and facilities for taking essential baggage with them. When unoccupied buildings are used, care should be taken of the structure and the internal ﬁxtures and ﬁttings. An owner’s absence does not excuse theft or damage. If items are taken for military purposes, a note should be left to that effect. 137
JSP 383: Manual of the Law of Armed Conﬂict – 11.79
Reprisals against the property of protected persons are prohibited. 138
JSP 383: Manual of the Law of Armed Conﬂict – 11.80
Seizure of movable property
All private movable property used for the transmission of news or to transport people or goods, whether by land, sea, or air, and private arms or munitions of war, may be temporarily seized but must be restored to the owners when peace is made. 139 The peace treaty will also deal with the question of compensation for property that has been lost, destroyed, or damaged. 140 Submarine cables connecting an occupied territory with a neutral state may only be seized or destroyed if that step becomes absolutely necessary. In that event, they have to be restored, and arrangements for compensation made, when peace is made. 141
JSP 383: Manual of the Law of Armed Conﬂict – 11.81
Items falling within paragraph 11.81 include cables, telegraph and telephone equipment, buses, trucks, cars, trailers, railway rolling-stock and other such equipment, ships in port, river and canal craft, aircraft, arms, munitions, and all kinds of property that could serve as war materiel. That includes raw materials such as crude oil. Arms and ammunition includes sporting weapons owned by civilians. Medical transports are excluded.
JSP 383: Manual of the Law of Armed Conﬂict – 11.81.1
Method of seizure
The law of armed conﬂict does not specify in detail the exact form that notiﬁcations of seizure should take. Administrative effort at the conclusion of hostilities will be reduced if a detailed receipt is given at the time of seizure.
JSP 383: Manual of the Law of Armed Conﬂict – 11.82
Requisitioning of private property
The occupying force may requisition commodities and services needed for its maintenance. Requisitioning must take into account the needs of the civilian population. 142
JSP 383: Manual of the Law of Armed Conﬂict – 11.83
Commodities that may be requisitioned include food and fuel, liquor and tobacco, material for uniforms and boots. Although alcoholic liquor and tobacco may be regarded as luxuries, they are included amongst the sorts of items that may be requisitioned since they would provide an element of comfort to occupying forces. The status of other luxury items like jewellery can be distinguished on the basis that they are not ‘needed’ by such forces.
JSP 383: Manual of the Law of Armed Conﬂict – 11.83.1
The authorities of the occupying power must always act in good faith in requisitioning, whether for the needs of the occupying forces or for the needs of the civilian population. Exploitation of the economy of the occupied territory and private enrichment are forbidden.
JSP 383: Manual of the Law of Armed Conﬂict – 11.83.2
The occupying power has a duty to ensure the provision of food and medical supplies for the civilian population and maintain orderly government. If the resources of the occupied territory are insufficient, the occupying power must import the necessary supplies. If, for example, large stocks of food and medical supplies were stored in private ownership, perhaps to force up prices or distort the economy, the occupying power could not reasonably be expected to contribute or import goods from its own resources. To avoid the absurdity of the occupying forces having to release their own stores for the civilian population, only to requisition others from the civilian population for their own use, it would be lawful for the occupying power to requisition or order compulsory sales at proper prices of hoarded foodstuffs, medical supplies, and other essential items needed for the civilian population.
JSP 383: Manual of the Law of Armed Conﬂict – 11.83.3
135. Previously dealt with in MML III, para 591.
136. L Oppenheim, International Law (7th edn by H. Lauterpacht 1952), vol II, 411.
137. Previously dealt with in MMLIII, para 595.
138. GC IV, Art 33.
139. HR, Art 53..
140. HR, Art 53. However, the obligation to pay compensation is not dependent on a peace treaty.
141. HR, Art 54.
142. HR, Art 52; GC IV, Art 55.
Method of requisitioning
Requisitioning may only take place on ‘the authority of the commander in the locality occupied’. If possible, goods and services should be paid for immediately. Otherwise, a receipt must be given and subsequent payment made without undue delay. 143
JSP 383: Manual of the Law of Armed Conﬂict – 11.84
Requisitioned goods become the property of the occupying power. Local authorities may be asked to assist in procuring supplies, but, if this is impossible, special units, under an officer, should be detailed for the purpose. Supplies may be requisitioned in bulk or, alternatively, local inhabitants may be required to complete a return giving details of quantities in their possession of which a proportion may then be requisitioned. Householders on whom soldiers have been quartered may also be required to feed those troops. The prices to be paid for requisitioned supplies and for commodities on sale may be regulated by the local commander.
JSP 383: Manual of the Law of Armed Conﬂict – 11.84.1
Military land and buildings
Military land and buildings belonging to the state, such as supply depots, arsenals, dockyards, and barracks, as well as airﬁelds, ports, railways, canals, bridges, piers, and their associated installations, remain at the disposal of the occupying power until the end of the conﬂict. Structures of this type may only be destroyed or damaged if that is imperatively demanded by military operations. 144
JSP 383: Manual of the Law of Armed Conﬂict – 11.85
Civilian land and buildings
Land and buildings that belong to the state but that are essentially civilian or non-military in character, such as public buildings, land, forests, parks, farms, and coal mines, may not be damaged or destroyed unless that is imperatively necessitated by military operations. The occupying power is the administrator, user, and, in a sense, guardian of the property. It must not waste, neglect, or abusively exploit these assets so as to decrease their value. The occupying power has no right of disposal or sale but may let or use public land and buildings, sell crops, cut and sell timber, and work mines. It must not enter into commitments extending beyond the conclusion of the occupation and the cutting or mining must not exceed what is necessary or usual. 145
JSP 383: Manual of the Law of Armed Conﬂict – 11.86
Land and buildings of local authorities
Exceptionally, the property of local authorities (including, for example, that of provincial, county, municipal, and parochial authorities) is treated as if it were private. Similarly, property of institutions dedicated to religion, charity, education, art, and science is also treated as private property, even if it belongs to the state. The seizure, destruction, or damage of such property, historic monuments, and works of art or science is forbidden. 146
JSP 383: Manual of the Law of Armed Conﬂict – 11.87
Examples of buildings in this latter category include places of worship, almshouses, hospitals, schools, museums, and libraries. If it is cultural property, it is protected anyway. 147 Use of property mentioned in paragraph 11.87 for other, humanitarian purposes, such as the treatment of the wounded and sick in a church, is quite proper if suitable alternative accommodation cannot be found. Cultural property is not to be used for military purposes. 148
JSP 383: Manual of the Law of Armed Conﬂict – 11.87.1
Public movable property
Occupying forces may only seize three types of movable property belonging to the occupied state :
a. cash, funds, and negotiable securities which are strictly the property of that state; 149
b. stores of arms and supplies, means of transport, and other movable property which can be used for military operations, together with appliances for the transmission of news, wherever situated; 150
c. public revenue and taxation raised in occupied territory, although the consequence is that the occupying power becomes liable for the costs of administering the occupied territory. 151
JSP 383: Manual of the Law of Armed Conﬂict – 11.88
It is the actual appropriation of such property, rather than mere occupation, that transfers ownership to the occupying power. 152 Since the seizure of funds in the hands of banks but belonging to private individuals or corporations is not permitted, banks should not be ordered to part with funds and securities until their ownership has been determined.
JSP 383: Manual of the Law of Armed Conﬂict – 11.88.1
Other public movable property
Other public movable property, not of use for military purposes, must be respected and not appropriated. 153
JSP 383: Manual of the Law of Armed Conﬂict – 11.89
Official documents and papers connected with the armed conﬂict may be seized, even if they are part of official archives, because they will be of military signiﬁcance. However, other types of archival documents, as well as crown jewels, pictures, and art collections may not be seized.
JSP 383: Manual of the Law of Armed Conﬂict – 11.89.1
Property of questionable ownership
Where there is any doubt about whether property found in the possession of the enemy is public or private, as may occur in the case of bank deposits and stores and supplies obtained from contractors, it must be considered to be public property unless and until its private character is clearly shown. However, account should be taken of difficulties of proof of ownership, for example, if records have been destroyed or are unavailable. Where a public authority holds property on behalf of a private individual, for example, private bank deposits in state-owned banks, the property must be regarded as private. Where both public and private interests in property exist together, the occupying power may seize or conﬁscate the property but must compensate private individuals to the extent of the value of their interest.
JSP 383: Manual of the Law of Armed Conﬂict – 11.90
Extensive destruction not justﬁed by military necessity, particularly of things indispensable to the survival of the civilian population (including food, agricultural areas, drinking water installations, irrigation works, and the natural environment) with a view to denying them to the civilian population or the adverse party is prohibited and may amount to a grave breach. 154
JSP 383: Manual of the Law of Armed Conﬂict – 11.91
The cumulative effect of this is to ban the type of general destruction known as a ‘scorched earth policy’ in occupied territory. The distinction between prohibited general devastation and permissible destruction necessitated by military operations is one of fact and degree to be determined in each case. 155
JSP 383: Manual of the Law of Armed Conﬂict – 11.91.1
143. HR, Art 52. See also AA1955, Pt IV in MML, Pt I.
144. GC IV, Art 53.
145. HR, Art 55.
146. HR, Art 56.
147. Under HR, Art 27; AP I, Art 53; see paras 5.25 and 5.26.
148. AP I, Art 53.
149. HR, Art 53. See also French State v Etablissement Monmousseau 1948 AD 197.
150. HR, Art 53.
151. HR, Art 48. See para 11.31.
152. Public Prosecutor v N, 1941 AD Supplementary vol 11, 296.
153. HR, Art 53.
154. GC IV, Art 147. See also AP I, Arts 35(3), 54, and 55 and para 11.75.
155. See the High Command Trial (1949) 12 WCR 93; XXII IMT 571; and the Case of von Lewinski (called von Manstein) (1949) AD 192
The British Isles
Today all Crown operatives use only the terms, Great Britain (GB) and the United Kingdom (UK) when describing the nation in which we live.
The official ISO 3166 two letter country code is GB, the three letter code is GBR.
The British Isles : Explore…
The geographical name for this group of islands from 325 BC is the British Isles. Previous to that the landmass was named Albion. Under the Roman occupation the islands were named Britannia as a Roman Province of Britain. This is before the invention of the Roman Church.
The second term of occupation would be known as England, formed under the Roman King Alfred on behalf of the Church of Rome. Here we see the occupation by an entity called The Roman Church as it commissioned Kingdoms.
In the British Isles before the rise of the Roman Church, the population operated under the theology of the Celtic Church, born on the lands of the British Isles with its final head being King Oswald. The Celtic King who was defeated in 642AD.
The third occupation came in 1066 under the Roman adopted King William the Bastard, a man who operated for the reversed Benedictine doctrine on land ownership, a system formed within the monasteries in Burgundy from 909AD.
King Edward I removed the moneylender from the British Isles and moved to form a Christian nation, this would be scuppered with the Templar usurpation of the realm through Oliver Cromwell and General George Monk, who together ensured the reinstatement of the moneylenders into England. This was achieved from the Templar base of Scotland which energised the Presbyterians into the Whiggamores who subverted the English Crown by murdering Charles I and installing a puppet King, Charles II, from which the commissioning of the Bank of England could take place. From 1688 the Crown of England began to be usurped.
The title of occupation post 1707 was The Kingdom of Great Britain, which included all islands with the exception of the Isle of Man which is a Crown state and also the channel Islands which are a part of the Duchy of Normandy. The Duchy of Normandy remains subject to the United Kingdom Crown. The historic name, Kingdom of Great Britain, became Britain from 1801.
The Channel Islands are synonymous with the Occupying sovereign Crown Temple and the administrative body they call the United Kingdom.
Inhabitant : One who resides actually and permanently In a given place, and has his domicile there. Ex parte Shaw, 145 U. S. 444, 12 Sup. Ct. 935, 36 L. Ed. 768; The Pizarro, 2 Wheat. 245, 4 L. Ed. 226. “The words ‘inhabitant,’ ‘citizen,’ and ‘resident,’ as employed in different constitutions to define the qualifications of electors, mean substantially the same thing; and one is an inhabitant. Resident, or citizen at the place where he has his domicile or home.” Cooley, Const. Dim. *600. But the terms “resident” and “inhabitant” have also been held not synonymous, the latter implying a more fixed and permanent abode than the former, and importing privileges and duties to which a mere resident would not be subject. Tazewell County v. Davenport, 40 111. 197. Source Blacks
Belligerent : In international law. A term used to designate either of two nations which are actually in a state of war with each other, as well as their allies actively cooperating; as distinguished from a nation which takes no part in the war and maintains a strict indifference as between the contending parties, called a “neutral.” U. S. v. The Ambrose Light (D. C.) 25 Fed. 412; Johnson v. Jones, 44 111. 151, 92 Am. Dec. 159. Source Blacks