Zu Weimar v. Elicofon (1981)

United States District Court for the Eastern District of N.Y.

Zu Weimar v. Elicofon, 536 F. Supp. 829 (1981)

RE: Continuity of Laws in Occupied Territory

Excerpt:

The international law principle of continuity of laws dictates that upon a change in sovereignty the laws of the former sovereign remain in effect until displaced by the laws of the new sovereign.^[17] We see no reason that the principle should not extend to laws promulgated by a temporary occupation government to maintain order . . . . . . .

[12] It is a well settled principle of international law that when a new government takes control over a territory, the law of the former sovereign remains in effect unless replaced by the new [sovereign] as "the law of the land." Fremont v. United States, 58 U.S. (17 How.) 542, 15 L. Ed. 241 (1855); United States v. Perot, 98 U.S. (8 Otto) 428, 25 L. Ed. 251 (1879); United States v. Chaves, 159 U.S. 452, 16 S. Ct. 57, 40 L. Ed. 215 (1895); See Whiteman, Digest of International Law 539. . . . . .

[17] See citations in footnote 12 of this opinion, supra.

Kunstsammlungen Zu Weimar v. Elicofon, 536 F. Supp. 829
(E.D.N.Y. 1981)

RE: Continuity of Laws in Occupied Territory

FURTHER REFERENCES

1907 Hague Regulations, 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.

FM 27-10 Rules of Land Warfare, (1940 edition) para. 282:

Duty to restore law and order. - 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 insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country (H.R., art. 43).

FM 27-10 Rules of Land Warfare, (1940 edition) para. 285:

The laws in force. - The principal object of the occupant is to provide for the security of the invading army and to contribute to its support and efficiency and the success of its operations. In restoring public order and safety he will continue in force the ordinary civil and criminal laws of the occupied territory which do not conflict with this object. These laws will be administered by the local officials as far as practicable. All crimes not of a military nature and which do not affect the safety of the invading army are left to the jurisdiction of the local courts.

FM 27-10 Rules of Land Warfare (1940 edition) was originally published by the US Dept. of War, the predecessor of the US Dept. of Defense