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inconsistent with the earlier law. For example, a law permitting discrimination may beeffectively suspended by the Occupying Power requiring officials to apply the law impartially. 163The power to suspend or repeal laws may also include the power to amend laws. Forexample, the partial suspension of a tax imposed on the population may also be viewed as achange in the tax rate. 164However, new penal provisions may not come into force before they have beenpublished. 16511.9.2.2 Examples of Laws That May Be Suspended, Repealed, Changed, orEnacted by the Occupying Power. Examples of provisions that may, depending on thecircumstances, be suspended, repealed, changed, or enacted by the Occupying Power includelegal provisions:• relating to serious offenses that pose a threat to public order, such as kidnapping, rape,and forcible vehicle larceny; 166• relating to the sale or possession of weapons by members of the civilian population; 167• relating to measures for the protection of the Occupying Power’s forces or administration(e.g., laws relating to the recruitment of persons into the occupied State’s armed forces orinsurgent groups, relating to curfews or restricted areas); 168163 For example, Coalition Provisional Authority Order No. 7, Penal Code, §4 (Jun. 10, 2003) (“In exercising theirofficial functions, all persons undertaking public duties or holding public office, including all police, prosecutors,and judges, must apply the law impartially. No person will be discriminated against on the basis of sex, race, color,language, religion, political opinion, national, ethnic or social origin, or birth.”).164 Refer to § 11.22.1.2 (Changes in Taxes or New Taxes).165 Refer to § 11.11.2.1 (Publication of Penal Provisions Before Coming Into Force).166 For example, Coalition Provisional Authority Order No. 31, Modifications of Penal Code and CriminalProceedings Law, preamble, §§2-3, 5 (Sept. 10, 2003) (modifying sentences for certain offenses in the Iraqi PenalCode based on the recognition that “instances of kidnapping, rape, and forcible vehicle larceny represent a seriousthreat to the security and stability of the Iraqi population”).167 For example, COLONEL I. L. HUNT, AMERICAN MILITARY GOVERNMENT OF OCCUPIED GERMANY, 1918-1920:REPORT OF THE OFFICER IN CHARGE OF CIVIL AFFAIRS, THIRD ARMY AND AMERICAN FORCES IN GERMANY 107(1943) (“‘The carrying of arms or deadly weapons is forbidden except by the local police. Every person inpossession of arms and ammunition of any kind must deliver them to the American authorities at such time or placeas may be appointed. A receipt for each weapon will be given at the time of delivery and the weapon tagged withthe name of the owner.’ Precedents for forbidding the civil population to carry arms and ammunition during amilitary occupation are so numerous that the publication of such regulations by the American army in this instancecannot be considered a severe restriction. During the march to the Rhine, the Commanding General of the ThirdArmy had recognized the necessity of a regulation of this nature, and in Memorandum No. 4 had instructed unitcommanders to forbid civilians to carry deadly weapons.”).168 GC COMMENTARY 337 (“(c) It is, lastly, authorized to promulgate penal provisions for its own protection. Thispower has long been recognized by international law. The provision is sufficiently comprehensive to cover allcivilian and military organizations which an Occupying Power normally maintains in occupied territory. TheConvention mentions ‘the Occupying Power’ itself besides referring to the members and property of the occupying765

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