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11.8 ADMINISTRATION OF OCCUPIED TERRITORY11.8.1 Paramount Authority of the Occupying Power Over Government Functions inOccupied Territory. The functions of the hostile government—whether of a general, provincial,or local character—continue only to the extent they are sanctioned by the Occupying Power. 13911.8.2 Continued Performance of Duties by Civil Servants and Other Officials of LocalGovernments. The Occupying Power may, while retaining its paramount authority, permit thegovernment of the country to perform some or all of its normal functions. 140 It may, forexample, call upon the local authorities to administer designated rear areas, subject to theguidance and direction of the Occupying Power. 141 Such action is consistent with the status ofoccupation, so long as there exists the firm possession of territory and the purpose to maintainparamount authority. 142 Similarly, for example, courts are generally to continue the ordinaryadministration of justice during occupation. 143The compulsion of civil servants and other officials of local governments to continue toperform their duties must be justified by military necessity and consistent with applicableprovisions of the GC. 14411.8.3 Local Governments Under Duress or Surrogate Governments. The restrictionsplaced upon the authority of a belligerent State cannot be avoided by a system of using a puppetgovernment, central or local, to carry out acts that would be unlawful if performed directly by theOccupying Power. Acts induced or compelled by the Occupying Power are nonetheless itsacts. 145139 1956 FM 27-10 (Change No. 1 1976) 367a (“The functions of the hostile government—whether of a general,provincial, or local character—continue only to the extent they are sanctioned by the occupant.”). For example,Coalition Provisional Authority Regulation No. 1, §2 (May 16, 2003) (“Unless suspended or replaced by the CPA orsuperseded by legislation issued by democratic institutions of Iraq, laws in force in Iraq as of April 16, 2003 shallcontinue to apply in Iraq insofar as the laws do not prevent the CPA from exercising its rights and fulfilling itsobligations, or conflict with the present or any other Regulation or Order issued by the CPA.”).140 1956 FM 27-10 (Change No. 1 1976) 367b (“The occupant may, while retaining its paramount authority, permitthe government of the country to perform some or all of its normal functions. It may, for example, call upon thelocal authorities to administer designated rear areas, subject to the guidance and direction of the occupying power.Such action is consistent with the status of occupation, so long as there exists the firm possession and the purpose tomaintain paramount authority.”).141 For example, Reports of General MacArthur, in I Supplement MacArthur in Japan: The Occupation: MilitaryPhase 25-26 (1966) (“While the air lift of the main initial force was in progress on 30 August, GHQ, AFPAC, issuedan amendment to Operations Instructions No. 4, which materially altered the missions assigned to the Armycommanders who soon would be arriving on the Nippon homeland. Instead of actually instituting ‘militarygovernment,’ Army commanders were to supervise the execution of the policies relative to government functionswhich GHQ, AFPAC, was to issue directly to the Japanese Government;”).142 Refer to § 11.2.2.2 (“Under the Authority” – Suspension and Substitution of Governmental Authority).143 Refer to § 11.10 (Ordinary Courts in Occupied Territory).144 Refer to § 11.21.1 (Continued Service of Judges and Other Public Officials).145 1956 FM 27-10 (Change No. 1 1976) 366 (“The restrictions placed upon the authority of a belligerentgovernment cannot be avoided by a system of using a puppet government, central or local, to carry out acts which761