5cjxburmr

The duty to respect, unless absolutely prevented, the laws in force in the country has beeninterpreted not to apply to local administrative laws, such as regulations, executive orders,ordinances, and decrees. 10611.6 PROTECTION OF THE POPULATION OF AN OCCUPIED TERRITORYUnder the law of belligerent occupation, the Occupying Power has certain duties withrespect to the population of an occupied territory, including protected persons under the GC.11.6.1 General Protections, Including Humane Treatment, of the Population of anOccupied Territory. The population of an occupied territory, like other protected persons underthe GC, are entitled, in all circumstances, to respect for their persons, their honor, their familyrights, their religious convictions and practices, and their manners and customs. 107 They shall atall times be humanely treated, and shall be protected especially against all acts of violence orthreats of violence, and against insults and public curiosity.Other provisions for the humane treatment of protected persons set forth in Articles 27through 34 of the GC apply to the population of an occupied territory. For example, womenmust be especially protected against any attack on their honor, in particular against rape,enforced prostitution, or any form of indecent assault. 108 Reprisals against protected persons andtheir property are prohibited. 109 The taking of hostages is prohibited. 110In addition, protected persons in occupied territory shall have every facility for makingapplication to the Protecting Powers, the ICRC, the National Red Cross (Red Crescent, Red Lionand Sun) Society of the country where they may be, as well as to any organization that mightassist them. 11111.6.2 Overview of Additional Protections for the Population That Are Specific toOccupation. There are a number of protections for the population of occupied territory that arespecific to occupation. For example, specific provision exists for the protection of children in106 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 99 (“In sharp contrast to the ‘restricted’ view concerningcivil laws, the occupant is generally conceded very extensive powers to change, alter, or suspend the ordinances anddecrees (as distinct from laws) of the legitimate sovereign of an occupied territory. It is held that administrativeregulations and executive orders are quite sharply distinct from the constitutional and statute law of a country andthat they do not constitute as important or vital a part of the latter’s legal structure. Hence the occupant is held tohave the power to interfere and to enact such regulations and ordinances as are deemed fitting and proper in hisinterests and in the interests of his armed forces.”).107 Refer to § 10.5 (Humane Treatment and Other Basic Protections for Protected Persons). See also HAGUE IV REG.art. 46 (“Family honour and rights, the lives of persons, and private property, as well as religious convictions andpractice, must be respected.”).108 Refer to § 10.5.1.2 (Protection for Women Against Rape or Other Indecent Assault).109 Refer to § 10.5.4 (Reprisals Against Protected Persons and Their Property).110 Refer to § 10.5.1.4 (Taking of Hostages).111 Refer to § 10.5.6 (Facility for Applying to the Protecting Powers and Assistance Organizations Such as theICRC).756