Local Laws to be Respected

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Relevant Major Principles of International Law - (3) It is Illegal for Occupant to Significantly Change Local Laws:

RELEVANT PRINCIPLE OF INTERNATIONAL LAW

According to the UN Charter and the 1970 Declaration of Principles on Friendly Relations, military occupations are only legal if they are for self-defense, and thus also they should be for only a short period (until peace and security is restored) (please see point #1), and thus there should be no reason why it would be necessary to radically change the local laws.

But also, it is generally accepted that a radical alteration of local laws cannot be good for the stability and progress of the local native society - it most likely would interfere with the right of self-determination of the people who live in that society (please see point #7).

The ideal is that occupying force interfere as little as possible in the civilian life of the occupied territories - only do what is necessary to protect its own forces, and restore peace and security to the entire region (please see point #6).

Thus an important point of International Humanitarian Law is that the occupying force not alter local laws as much as possible (for exact quote - see below).

There is some argument that in a prolonged occupation, that the occupying forces have the legal duty to assist the local population in upgrading and modernizing their systems, but this should demonstratably be done to help the local population.

RELEVANT LAWS & RESPONSES

As per International Law -
- Hague Regulations IV (1907), article 43 (full text) (specific articles - see below)
Israeli Violations -
- 3. Israel radically modifies local law following 1967 occupation beyond what is allowable under international law (violating Palestinian human rights and to the benefit of Israel's economy and the Israeli settlements on occupied Palestinian lands, and actually creating de facto annexation of much of the occupied territories) (more details).
International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -

RELEVANT QUOTES FROM TEXT

Hague Regulations IV (1907), articles 43:

Article 43. 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.

REFERENCES

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