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example, an Occupying Power may not purport to annex occupied territory in order to avoid itsresponsibilities as an Occupying Power. 119The Occupying Power may not enter into any special agreements that would adverselyaffect the situation of protected persons, as defined by the GC, nor restrict the rights that the GCconfers upon them. 120The Occupying Power may also not evade its responsibilities through the purportedrenunciation by protected persons of the rights secured to them by the GC and by any specialagreements referred to in Article 7 of the GC. 121In certain cases, a protected person’s rights of communication under the GC may beforfeited for security reasons. 12211.6.4 Citizens of Neutral States in Occupied Territory. Citizens of neutral Statesresiding within an occupied territory are generally treated the same as other residents of occupiedterritory. 12311.7 AUTHORITY OF THE OCCUPYING POWER OVER INHABITANTSThe Occupying Power’s authority over inhabitants of occupied territory derives from itswar powers and from its duty to ensure public order and safety in occupied territory. TheOccupying Power, as a belligerent State, may take such measures of control and security inregard to protected persons as may be necessary as a result of the war. 124 In addition, theOccupying Power may take measures necessary to fulfill its duty to ensure public order andsafety. 12511.7.1 Inhabitants’ Obedience to the Occupying Power. It is the duty of the inhabitantsto carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take119 See Trial of Robert Wagner, Gauleiter and Head of the Civil Government of Alsace during the Occupation, andSix Others, III U.N. LAW REPORTS 23, 45 (Permanent Military Tribunal at Strasbourg, Apr. 23-May 3, 1946, andCourt of Appeal, Jul. 24, 1946) (“Wagner put forward a plea based upon an alleged violation by false application ofthe Ordinance of 28th August, 1944, claiming that the acts alleged were committed in Alsace, which was annexedby Germany, and on territory over which French sovereignty had ceased to operate. The purported declaration ofannexation of Alsace by Germany on which reliance was placed in the plea was deemed by the Court of Appeal tobe nothing more than a unilateral act which could not legally modify the clauses of the treaty signed at Versailles on28th June, 1919, by the representatives of Germany. Therefore the acts alleged to have been committed by Wagnerwere committed in Alsace, French territory, and constituted war crimes in the sense of Art. 1 of the Ordinance of28th August, 1944.”).120 Refer to § 10.1.1.2 (Special Agreements Under the GC).121 Refer to § 10.3.6 (Non-Renunciation of Rights Secured by the GC).122 Refer to § 10.4.2 (Derogation in Occupied Territory).123 Refer to § 15.6.4 (Neutral Persons Resident in Occupied Territory).124 Refer to § 10.6 (Measures of Control and Security).125 Refer to § 11.5.1 (Authority Conferred by the Occupying Power’s Duty to Ensure Public Order and Safety).758

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