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11.11 CRIMINAL LAW IN OCCUPIED TERRITORYThis section addresses criminal law in occupied territory. Additional rules apply tojudicial proceedings against protected persons in occupied territory, which are also applied byanalogy to judicial proceedings against internees in a belligerent’s home territory. 18811.11.1 General Continuation of Penal Laws of the Occupied Territory. The generalprinciple that the Occupying Power must respect, unless absolutely prevented, the laws in forcein the occupied territory also applies to the penal laws of the occupied territory. 189In particular, the penal laws of the occupied territory shall remain in force during theoccupation, with the exception that they may be repealed or suspended by the Occupying Powerwhere they constitute a threat to its security or an obstacle to the application of the GC. 190Subject to the latter consideration and to the necessity of ensuring the effective administration ofjustice, the courts of the occupied territory shall continue to function in respect of all offensescovered by these laws. 191Interstate Commerce Committee in his address to the House when he presented to it the Trading with the EnemyAct. 55 Cong. Rec. 4842 (1917).”).187 For example, 1958 UK MANUAL 524 note 1 (“Hague Rules 23 (h). The following example of the relevance ofthat article may be mentioned: during the British occupation of Cyrenaica in the course of the Second World War,in order to avoid disturbances, pressure was put upon the British administration to prevent the execution of a localjudgment restoring to its Italian owner a mill in the occupation of an Arab trustee. The legal adviser of theAdministration expressed the view that a failure to enforce the judgment would be contrary to this article, see Wattsin Grotius Society, vol. 37, pp. 69-82.”). Cf. Ochoa v. Hernandez y Morales, 230 U.S. 139, 154-61 (1912) (“Inorder to determine the extent of the authority of General Henry, and the limitations upon it, we must look to theorders under which the military government was established and maintained. … Under all the circumstances wedeem it clear that the Governor was without authority from the President to make any order, judicial in its nature,that would have the effect of depriving any person of his property without due process of law. … Whatever else maybe uncertain about the definition of the term ‘due process of law,’ all authorities agree that it inhibits the taking ofone man's property and giving it to another, contrary to settled usages and modes of procedure, and without notice oran opportunity for a hearing.); Raymond v. Thomas, 91 U.S. 712, 715-16 (1876) (“We have looked carefullythrough the acts of March 2, 1867, and July 19, 1867. They give very large governmental powers to the militarycommanders designated, within the States committed respectively to their jurisdiction; but we have found nothing towarrant the order here in question. It was not an order for mere delay. It did not prescribe that the proceedingshould stop until credit and confidence were restored, and business should resume its wonted channels. It whollyannulled a decree in equity regularly made by a competent judicial officer in a plain case clearly within hisjurisdiction, and where there was no pretense of any unfairness, of any purpose to wrong or oppress, or of anyindirection whatsoever. … It was an arbitrary stretch of authority, needful to no good end that can be imagined.”).188 Refer to § 10.29 (Judicial Proceedings Regarding Protected Persons in Occupied Territory or Internees in aBelligerent’s Home Territory).189 Refer to § 11.9.1 (General Continuation of Municipal Law of the Occupied Territory as Between Inhabitants).190 GC art. 64 (“The penal laws of the occupied territory shall remain in force, with the exception that they may berepealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacleto the application of the present Convention.”).191 GC art. 64 (“Subject to the latter consideration and to the necessity for ensuring the effective administration ofjustice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the saidlaws.”).769