can
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4.
I can find A relevant English authority
in the form of a decided case which bears directly
on this matter, but the principle laid down by the
writers on international law that the sovereignty
of the invaded State is unaffected is also the view
held by the English courts, as appears from the case
of Rex v. Lynch, 1903, 1.K.B.444, the Attorney Generały
De Jager v. the Attorney-General of Natal, 1907, Appeal
Cases 326, where the Privy Council held that a resident
alien who was also a citizen of the South African
Republic resident in Natal who joined the forces of
that Republic in 1899 when they invaded and occupied
the part of Natal in which he had resided for ten years
was rightly convicted of treason. See also McNair
Legal Effects of War, 1944, pp. 336 - 339. The rule
of international law bearing the curious title of
Post_Liinium" is an attempt to reconcile the principle
that the sovereignty of the invaded State remains
unaffected notwithstanding the invasion, with the
practical necessities of a military administration,
and according to that rule, see Oppenheim Vol. 2 page
482, immediately the invader has been expelled from
the territory the territory is at once considered to be
again under the sway of the legitimate sovereign and
the former state of affairs, so far as possible, is
regarded as having been restored. But Oppenheim
clearly points out that this rule does not affect the
validity of such acts of the military occupant within
the occupied territory as he was entitled to perform
according to international law.
A
Among these acts, as
has been indicated above, is the act of removing from
the exercise of their functions Judges and other
officials.
5.
werofr...
I do not think that Article 23 H of the
Hague Regulations in its proper construction has any
direct bearing on our problem. That Article prohibits
the/