Essential Task: Restore Public Order and Safety The first essential task is to restore public order and safety. Article 43 of The Hague Conventions states, “The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all measures in his power to restore, and ensure, as far as possible, public order and safety (emphasis mine), while respecting, unless absolutely prevented, the laws in force in the country.”23 This task is significant for three reasons. First, it allows the peaceful inhabitants of an occupied territory to continue with their day-to-day lives.24 Second, it allows the occupant and the local inhabitants to form an agreement to maximize their benefits to both. Third, this task is so broad that it encompasses many of the functions associated with government administration. From this specified task there are four implied US Army Doctrine and Belligerent Occupation tasks that must be addressed in any occupation. Theses implied tasks are 1) reestablishing a domestic security force, 2) providing for the collective protection, 3) administration and enforcement of local laws, and 4) management of the courts, jails, and prisons. The analysis will address these tasks in further detail. Implied Task: Domestic Security The first implied task necessary to restoring public order and safety is to reestablish and supervise a form of domestic security. A trusted police force allows for a heightened sense of security in the local populace, reduces crimes against and by the inhabitants, and aids in administering military law. The process of establishing a domestic police force can take some time. Local law enforcement personnel may need to be investigated to ensure that they are reliable, that they are not associated with human rights abuses, and that they are not involved in criminal activity.25 While international law does not specifically address the need for domestic police forces, their establishment is logically required as part of restoring iamsomedude/pdf/US%20Army%20Doctrine%20and%20Belligerent%20Occupation.pdf
Posted on: Mon, 26 Jan 2015 22:21:54 +0000
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