Section II. ADMINISTRATION OF OCCUPIED TERRITORY
362. Necessity for Military Government
Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military occupation, or the undesirability of allowing it to do so. (See par. 12, which discusses military government, and par. 354, dealing with civil affairs administration.)
363. Duty to Restore and Maintain Public Order
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible,
public order and safety,
while respecting, unless absolutely prevented,
the laws in force in the country. (HR, art. 43.)
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