Public Order and Civil Life

Abstract

The Court has held that in using his powers the military commander in occupied territory must be guided by one, or both, of two considerations: military needs and the welfare of the local population. This chapter examines the way in which the Court has interpreted military needs and the welfare of the population, as well as the obligation of an occupying power under Article 43 of the Hague Regulations not to change local law. The chapter discusses the broad interpretation that the Court has given to military and security needs, its decision that Israeli settlers are part of the local population, its willingness to regard measures which primarily benefit Israelis as beneficial to the local population, and the latitude it has allowed the military commander to change the law.