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Occupying Power may also reform local courts, including by establishing new criminal courtsunder the law of the occupied State. 18011.10.1.1 Judicial Inability or Unwillingness to Perform Their Duties. Judgesand magistrates may abstain from fulfilling their functions for reasons of conscience. 181 Aninability to perform their normal duties may result from a failure of public services, such aspublic transportation, or threats by insurgents.11.10.1.2 Corruption and Unfairness in the Judicial System. Corruption andunfairness in the judicial system may constitute a serious obstacle to public order and safety, andan obstacle to the Occupying Power’s application of the fundamental fair trial protectionsguaranteed by the GC. 182 The Occupying Power may take appropriate measures to remedy suchcorruption or unfairness. For example, committees may be established to review the suitabilityof judges and prosecutors. 183 Similarly, a facility may be established to help resolve conflictingproperty claims on a voluntary basis. 18411.10.2 Prohibition Against Extinguishing Rights and Actions of Enemy Nationals. It isespecially forbidden to declare abolished, suspended, or inadmissible in a court of law the rightsand actions of the nationals of a hostile party. 185This rule has been interpreted to apply solely to enemy areas occupied by a belligerent. 186It has been interpreted to prohibit a military commander from arbitrarily annulling the results ofcivil proceedings between private parties. 187180 Refer to § 11.11.1.4 (Continued Administration of Penal Law by Courts in the Occupied Territory).181 Refer to § 11.21.1 (Continued Service of Judges and Other Public Officials).182 Refer to § 11.5 (Duty of the Occupying Power to Ensure Public Order and Safety); § 10.29 (Judicial ProceedingsRegarding Protected Persons in Occupied Territory or Internees in a Belligerent’s Home Territory).183 For example, Coalition Provisional Authority Order No. 15, Establishment of the Judicial Review Committee,§4(1) (Jun. 23, 2003) (“The Committee shall investigate and gather information on the suitability of Judges andProsecutors to hold office. It shall have the power to remove judges and prosecutors from office, confirm theircontinued holding of office, appoint replacements for judges and prosecutors removed from office and resolve theclaims of judges and prosecutors who assert that they were improperly removed from office.”).184 For example, Coalition Provisional Authority Regulation No. 4, Establishment of the Iraqi PropertyReconciliation Facility, §1(1) (Jun. 26, 2003) (“There shall be established an Iraqi Property Reconciliation Facility(IPRF) that shall commence operation at a time to be fixed by the Administrator, for the purpose of collecting realproperty claims and promptly resolving such claims on a voluntary basis in a fair and judicious manner.”).185 HAGUE IV REG. art. 23 (“[I]t is especially forbidden … (h) To declare abolished, suspended, or inadmissible in acourt of law the rights and actions of the nationals of a hostile party.”).186 Ex parte Kumezo Kawato, 317 U.S. 69, 72 footnote 1 (1942) (“Petitioner argues that his case is covered byarticle 23 h of the Annex to the IVth Hague Convention of 1907: ‘It is especially prohibited . . . to declareabolished, suspended, or inadmissible in a Court of law the rights and action of the nationals of the hostile party.’This clause, which was added to the convention of 1899 without substantial discussion either by the Delegates inGeneral Assembly or by the committee and sub-committee which dealt with it, III Proceedings of the HagueConvention of 1907, 12, 107, 136, 240; and I ibid. 83, was construed by an English Court to apply solely in enemyareas occupied by a belligerent. Porter v. Freudenberg, [1915] 1 K. B. 857. The question has not been raised in thecourts in this country, but the English interpretation was repeated with approval by Representative Montague of the768