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11.8.6 Civilian or Military Nature of the Occupation Government. It is immaterialwhether the government over an enemy’s territory consists in a military or civil or mixedadministration. Its character is the same and the source of its authority the same. It is agovernment imposed by force, and the legality of its acts is determined by the law of war. 152For example, the governing authority established by the Occupying Power may becomposed of civilian personnel. 15311.9 LOCAL LAW AND LEGISLATION11.9.1 General Continuation of Municipal Law of the Occupied Territory as BetweenInhabitants. In general, the municipal law of the occupied territory (i.e., the ordinary domesticcivil and criminal law) and their administration remain in full force so far as the inhabitants ofoccupied territory are concerned, unless changed by the Occupying Power. 154 For example, thepenal laws of the occupied territory generally continue in force. 155As a foreign State and as the paramount authority in the occupied territory, theOccupying Power is not bound by the municipal law of the occupied territory. 156 For example,the Occupying Power would not be bound by a municipal law that had been enacted by the Stateof the occupied territory to prevent trading with the enemy. 157 Similarly, the Occupying Power’spersonnel are immune from the application of local law. 158152 1956 FM 27-10 (Change No. 1 1976) 368 (“It is immaterial whether the government over an enemy’s territoryconsists in a military or civil or mixed administration. Its character is the same and the source of its authority thesame. It is a government imposed by force, and the legality of its acts is determined by the law of war.”).153 For example, E. ZIEMKE, THE U.S. ARMY IN THE OCCUPATION OF GERMANY 1944-1946 404 (1975) (“From thebeginning the US Group Control Council had been considered more a vehicle for future civilian authority than anelement of Army-administered military government. In April 1945, in his first outline for military governmentorganization, Clay proposed also to bring civilians into the theater G-5 so that both it and the US Group ControlCouncil could be ‘carved out of’ the military command when the shift to civilian responsibility occurred. A monthlater, in the organizational directive for military government, Clay stated, ‘This organization must become civilian incharacter as rapidly as consistent with efficient performance so that it may become at the earliest possible date aframework for the administration of political control in Germany by the appropriate US civil agencies.’”).154 Coleman v. Tennessee, 97 U.S. 509, 517 (1879) (“By such occupation the political relations between the peopleof the hostile country and their former government or sovereign are for the time severed; but the municipal laws --that is, the laws which regulate private rights, enforce contracts, punish crime, and regulate the transfer of property -- remain in full force, so far as they affect the inhabitants of the country among themselves, unless suspended orsuperseded by the conqueror. And the tribunals by which the laws are enforced continue as before, unless thuschanged. In other words, the municipal laws of the State, and their administration, remain in full force so far as theinhabitants of the country are concerned, unless changed by the occupying belligerent.”). See also Ho Tung & Co.v. United States, 42 Ct. Cl. 213, 227 (Ct. Cl. 1907) (“It is unquestioned that upon the occupation by our militaryforces of the port of Manila it was their duty to respect and assist in enforcing the municipal laws then in force thereuntil the same might be changed by order of the military commander, called for by the necessities of war.”).155 Refer to § 11.11.1 (General Continuation of Penal Laws of the Occupied Territory).156 Refer to § 11.8.1 (Paramount Authority of the Occupying Power Over Government Functions in OccupiedTerritory).157 For example, N.V. De Bataafsche Petroleum Maatschappli & Ors. v. The War Damage Commission (Court ofAppeal, Singapore, April 13, 1956), reprinted in 51 AJIL 802, 807 (1957) (‘The provisions of the [Netherlands763