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this provision as follows:-
"Now that the distinction between conquest and
military occupation is formally drawn, the source
of an invader's authority cannot be looked for in
a transfer of that of the territorial sovereign.
It is a new authority based on the necessities of
war and on the duty which the invader owes to
the population of the occupied districts".
He quotes with approval a draft drawn up by the
Brussells Conference in 1874 (which was not, however,
adopted by the powers in any binding form). This
states that "the authority of legal power being
suspended and having passed de facto into the hands of
the occupant". (Page 85). Speaking of Hague
Regulation 43 quoted above, he says "The suspension,
not the transfer, of the power previously legal, must
equally be understood; what it is intended to be
ed
express as having passed to the occupant is the fact
of that having legal authority, not the pre-existing
authority with its nature and limits". In another
place, at p.111, he points out that it is desirable
for the civil officials of the legitimate government
to carry on the ordinary administration under the
invader, but that the invader has no right to force
them to do so. He states if they decline to do it,
(and his only right, it is also his duty, is to replace
them by appointees of his own so far as necessary for
maintaining order and the convenience of the daily
life of the district: other purposes, as those of
the superior judicial offices, can bide their time. Voe I Similarly, the more recent work of Oppenheim at p. 349
states that there is no doubt that an occupant may
suspend the judges as well as other officials, and a
long footnote (4) at that page discusses the form in
which judgment should be pronounced if the occupant
allows the courts to continue to function.
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