What happened today?
11.21 J UDGES AND O THER P UBLIC O FFICIALS
Continued Service of Judges and Other Public Officials. The Occupying Power11.21.1
may not alter the status of public officials or judges in the occupied territories, or in any way
apply sanctions to or take any measures of coercion or discrimination against them, should they
abstain from fulfilling their functions for reasons of conscience.401
Public officials may be understood to include officials at both the national and local
levels who fulfill public duties.402
This prohibition does not prejudice the application of the second paragraph of Article 51
of the GC.403 Thus, a public official may be compelled to work to meet the needs of the army of
occupation or for the public utility services, such as water, electricity, or sanitation.404 Similarly,
a public official may be compelled to provide certain police services.405
This prohibition does not affect the right of the Occupying Power to remove public
officials from their posts.406 For example, the Occupying Power may remove the political
leadership and other political agents from their posts to prevent them from undermining the
Occupying Power’s administration.407
Oath of Public Officials. An Occupying Power may not require the inhabitants11.21.2
of occupied territory, including officials, to swear allegiance to it.408 However, the Occupying
Power may require such officials as are continued in their offices to take an oath to perform their807
duties conscientiously and not to act to its prejudice.409 Any official who declines to take the
oath may be removed; but, regardless of whether the official takes the oath, the official is
required to obey the legitimate orders of the Occupying Power.410
Salaries of Public Officials. The salaries of civil officials of the hostile11.21.3
government who remain in the occupied territory and continue the work of their offices,
especially those who can properly continue it under the circumstances arising out of the war –
such as judges, administrative or police officers, and officers of city or communal governments –
are paid from the public revenues of the occupied territory, until the military government has
reason wholly or partially to dispense with their services.411
Based on consistent practice, salaries or incomes connected with purely honorary titles
would be suspended.412 Similarly, the Occupying Power need not continue to pay salaries that
are rewards for loyalty to the prior regime, and may reform the pay system of public servants to
increase transparency and fairness, as well as to create incentives for meritorious service.
What will happen tomorrow? and the next?
I truly look forward to the next chapter:
https://dod.defense.gov/Portals/1/Documents/law_war_manual15.pdf