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no part whatever in the hostilities carried on, to refrain from all injurious acts toward the forcesor in respect to their operations, and to render strict obedience to the orders of the occupant. 126Subject to the restrictions imposed by international law, the Occupying Power maydemand and enforce from the inhabitants of occupied territory such obedience as may benecessary for the security of its forces, for the maintenance of law and order, and for the properadministration of the country. 127The inhabitant’s obedience to the Occupying Power is generally distinguished from aduty of allegiance. 128 The inhabitant’s duty of allegiance to his or her State of nationality is notsevered. 129 The inhabitants, however, are not bound to obey their State of nationality. 13011.7.1.1 Enforcement of Obedience. The Occupying Power’s enforcement ofobedience must comply with the law of war. For example, measures prohibited by the law ofwar, such as collective punishments, acts of torture, or reprisals, may not be used.11.7.2 Censorship and Other Regulation of the Media. Under the law of belligerentoccupation, 131 for the purposes of security, an Occupying Power may establish censorship or126 1956 FM 27-10 (Change No. 1 1976) 432 (“It is the duty of the inhabitants to carry on their ordinary peacefulpursuits, to behave in an absolutely peaceful manner, to take no part whatever in the hostilities carried on, to refrainfrom all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the ordersof the occupant.”).127 1956 FM 27-10 (Change No. 1 1976) 432 (“Subject to the restrictions imposed by international law, theoccupant can demand and enforce from the inhabitants of occupied territory such obedience as may be necessary forthe security of its forces, for the maintenance of law and order, and for the proper administration of the country.”).128 Brigadier General George B. Davis, Working Memoranda (Confidential for the United States Delegates): TheSecond Peace Conference (Paragraph 2 of Programme), The Rules of War on Land, 37 (1907) (“But the controlwhich the commanding general exercises over the inhabitants of occupied territory is not based upon any theory ofallegiance, their relation to him being out of constrained obedience to his commands. As the allegiance of thepopulation has not been changed, the occupying commander can not compel the individuals composing it to commitacts of treason; that is, to take part in acts of hostility against their own government.”).129 GC COMMENTARY 346 (“The words ‘duty of allegiance’ [in Article 68 of the GC] constitute an acknowledgmentof the fundamental principle according to which the occupation does not sever the bond existing between theinhabitants and the conquered State. Protected persons must nevertheless obey legitimate orders issued by theOccupying Power.”); GC COMMENTARY 305 (“It may be mentioned in this connection that public officials andjudges act under the superintendence and control of the occupant to whom legal power has passed in actual practiceand to whom they, like any other protected person, owe obedience. But this duty of obedience does not cancel outthe duty of allegiance which subsists during the period of occupation.”).130 United States v. Rice, 17 U.S. 246, 254 (1819) (Story, J.) (“By the conquest and military occupation of Castine,the enemy acquired that firm possession which enabled him to exercise the fullest rights of sovereignty over thatplace. The sovereignty of the United States over the territory was, of course, suspended, and the laws of the UnitedStates could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained andsubmitted to the conquerors. By the surrender, the inhabitants passed under a temporary allegiance to the Britishgovernment, and were bound by such laws, and such only, as it chose to recognise and impose. From the nature ofthe case, no other laws could be obligatory upon them, for where there is no protection or allegiance or sovereignty,there can be no claim to obedience. Castine was, therefore, during this period, so far as respected our revenue laws,to be deemed a foreign port; and goods imported into it by the inhabitants, were subject to such duties only as theBritish government chose to require. Such goods were in no correct sense imported into the United States.”).759

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