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The Occupying Power may reform or establish new criminal courts in occupied territoryas part of its authority to subject the population of the occupied territory to additional provisionsof law and its duty to restore and maintain public order. 199 In addition, the Occupying Powermay use its properly constituted, non-political military courts in occupied territory for certaintypes of offenses. 20011.11.2 Penal Provisions Enacted by the Occupying Power. As with other types of legalprovisions, the Occupying Power may subject the population of the occupied territory to penalprovisions: (1) that are essential to enable the Occupying Power to fulfill its obligations underthe GC; (2) to maintain the orderly government of the territory; and (3) to ensure the security ofthe Occupying Power, of the members and property of the occupying forces or administration,and likewise of the establishments and lines of communication used by them. 20111.11.2.1 Publication of Penal Provisions Before Coming Into Force. The penalprovisions enacted by the Occupying Power shall not come into force before they have beenpublished and brought to the knowledge of the inhabitants in their own language. 202 When morethan one language is used by the local population, the Occupying Power may adhere to the localpractice regarding official publication of legislation. 203The effect of these penal provisions shall not be retroactive. 20411.11.3 Properly Constituted, Non-Political Military Courts in Occupied Territory. Incase of a breach of the penal provisions promulgated by the Occupying Power by virtue of thesecond paragraph of Article 64 of the GC, the Occupying Power may hand over the accused to198 1956 FM 27-10 (Change No. 1 1976) 370 (“In restoring public order and safety, the occupant will continue inforce the ordinary civil and penal (criminal) laws of the occupied territory except to the extent it may be authorizedby Article 64, GC (par 369), and Article 43, HR (par. 363), to alter, suspend, or repeal such laws (see also HR art. 23(h); par. 372 herein; and GC, art. 51; par. 418 herein). These laws will be administered by the local officials as faras practicable.”).199 For example, Coalition Provisional Authority Order No. 13, The Central Criminal Court of Iraq (Revised),(Amended), §1(1) (Apr. 22, 2004) (“There shall be established a Central Criminal Court of Iraq (hereinafter ‘theCCCI’), which shall sit in the city of Baghdad and in such sessions in other locations in Iraq as provided for in thisOrder. The CCCI shall have national jurisdiction over all matters set forth in Section 18.”).200 Refer to § 11.11.3 (Properly Constituted, Non-Political Military Courts in Occupied Territory).201 Refer to § 11.9.2 (Authority for the Occupying Power to Suspend, Repeal, or Change the Municipal LawApplicable to Occupied Territory).202 GC art. 65 (“The penal provisions enacted by the Occupying Power shall not come into force before they havebeen published and brought to the knowledge of the inhabitants in their own language.”).203 GC COMMENTARY 338 footnote 3 (“In countries which have more than one official language the OccupyingPower will follow local practice and publish the penal provisions it enacts, in either one or more than one language,according to whether the country’s legislation was published in one or in more than one language before theoccupation.”).204 GC art. 65 (“The effect of these penal provisions shall not be retroactive.”).771