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Measures intended to reduce unemployment would not be prohibited by this rule. 40011.21 JUDGES AND OTHER PUBLIC OFFICIALS11.21.1 Continued Service of Judges and Other Public Officials. The Occupying Powermay not alter the status of public officials or judges in the occupied territories, or in any wayapply sanctions to or take any measures of coercion or discrimination against them, should theyabstain from fulfilling their functions for reasons of conscience. 401Public officials may be understood to include officials at both the national and locallevels who fulfill public duties. 402This prohibition does not prejudice the application of the second paragraph of Article 51of the GC. 403 Thus, a public official may be compelled to work to meet the needs of the army ofoccupation or for the public utility services, such as water, electricity, or sanitation. 404 Similarly,a public official may be compelled to provide certain police services. 405This prohibition does not affect the right of the Occupying Power to remove publicofficials from their posts. 406 For example, the Occupying Power may remove the politicalleadership and other political agents from their posts to prevent them from undermining theOccupying Power’s administration. 40711.21.2 Oath of Public Officials. An Occupying Power may not require the inhabitantsof occupied territory, including officials, to swear allegiance to it. 408 However, the OccupyingPower may require such officials as are continued in their offices to take an oath to perform their400 For example, Coalition Provisional Authority Order No. 39, Foreign Investment, preamble (Sept. 19, 2003)(“Determined to improve the conditions of life, technical skills, and opportunities for all Iraqis and to fightunemployment with its associated deleterious effect on public security,”).401 GC art. 54 (“The Occupying Power may not alter the status of public officials or judges in the occupiedterritories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, shouldthey abstain from fulfilling their function for reasons of conscience.”).402 GC COMMENTARY 304 (“[T]he term public official generally designates people in State or local governmentservice, who fulfill public duties.”).403 GC art. 54 (“This prohibition does not prejudice the application of the second paragraph of Article 51.”).404 Refer to § 11.20.2 (Types of Work That May Be Compelled).405 Refer to § 11.20.2.2 (Requisition of Police and Other Services Essential to Good Order).406 GC art. 54 (“It does not affect the right of the Occupying Power to remove public officials from their posts.”).407 GC COMMENTARY 308 (“The provision refers primarily to government officials and other political agents whoare generally removed from their posts by the occupation authorities.”). For example, Coalition ProvisionalAuthority Order No. 1, De-Ba`athification of Iraqi Society, §1(1) (May 16, 2003) (“On April 16, 2003 the CoalitionProvisional Authority disestablished the Ba`ath Party of Iraq. This order implements the declaration by eliminatingthe party’s structures and removing its leadership from positions of authority and responsibility in Iraqi society.”).408 Refer to § 11.6.2.1 (Prohibition on Compelling Inhabitants of Occupied Territory to Swear Allegiance to theHostile State).806

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