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The practical arrangements for the handing over of such protected persons will depend onthe circumstances, including whether the liberation of occupied territory is accompanied byfighting and whether the local administration is able to function. 234If occupying forces will remain in occupied territory after the end of occupation, it ispermissible, with the consent of the formerly occupied State, for the occupying forces to retaincustody, in the formerly occupied territory, of protected persons accused or convicted ofoffenses.11.12 MOVEMENT OF PERSONS IN OCCUPIED TERRITORY11.12.1 Authority of the Occupying Power to Restrict Freedom of Movement. As ageneral matter, the Occupying Power assumes the authority of the State whose territory isoccupied in controlling the movement of persons within the occupied territory, as well as themovement of persons entering and exiting occupied territory. For example, private persons,members of non-governmental organizations, or representatives of foreign States or internationalorganizations seeking to enter occupied territory generally would not be able to do so withoutauthorization from the Occupying Power.The Occupying Power may withdraw from individuals the right to change their residence,restrict freedom of internal movement, forbid visits to certain districts, prohibit emigration andimmigration by protected persons who are nationals of the State whose territory is occupied, andrequire that all individuals carry identification documents. 23511.12.2 Departure of Protected Persons Who Are Not Nationals of the State WhoseTerritory Is Occupied. Protected persons who are not nationals of the State whose territory isoccupied may avail themselves of the right to leave occupied territory subject to the provisionsof Article 35 of the GC, and decisions thereon shall be taken according to the procedure that theOccupying Power shall establish in accordance with the Article 35 of the GC. 236Article 35 of the GC sets forth rules regarding the departure of protected persons from thehome territory of a belligerent State and provides protected persons with a right to depart. But,Article 35 allows a belligerent to prevent such departure if such departure is contrary to thebelligerent’s national interests, and Article 35 specifies certain procedural requirements. 237234 GC COMMENTARY 367 (“The Convention does not lay down any rules concerning the practical arrangements forhanding over detainees, because they will depend on circumstances and on whether the liberation of the occupiedterritory is accompanied by fighting or not, and whether the local administration has been able to continue tofunction or not.”).235 1956 FM 27-10 (Change No. 1 1976) 375 (“The occupant may withdraw from individuals the right to changetheir residence, restrict freedom of internal movement, forbid visits to certain districts, prohibit emigration andimmigration (but see GC art. 48; par. 381 herein), and require that all individuals carry identification documents.”).236 GC art. 48 (“Protected persons who are not nationals of the Power whose territory is occupied, may availthemselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall betaken according to the procedure which the Occupying Power shall establish in accordance with the said Article.”).237 Refer to § 10.8.2 (Departures of Protected Persons From a Belligerent’s Home Territory).777