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The legislative competence of the occupying power under the fourth Geneva Convention

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Chapter Summary

This chapter demonstrates how the concept of necessity under Article 64 Fourth Geneva Convention (GCIV) has been transformed from the concept associated with military necessity as envisaged by drafters of the Hague Regulations into a broader concept that can accommodate diverging needs of inhabitants in occupied territories. It addresses the most salient and controversial question concerns the legislative scope of occupying powers. The chapter shows that the occupant is required to maintain the judiciary, except in case of hindrance to the application of GCs or in case of the need to ensure effective administration of justice. The three necessity exceptions stipulated in Article 64 of GCIV are: the need to fulfil the obligations under GCIV; the need to maintain the orderly government of the territory; and the need to ensure the security of the occupying power, of the members and property of the occupying forces or administration.

Keywords: Fourth Geneva Convention (GCIV); Hague Regulations; legislative power; occupying power



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