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" The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented,... "
Detainee Operations Inspection - Page E-15
by United States. Department of the Army. Office of the Inspector General - 2004 - 306 pages
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Human Rights, Self-Determination and Political Change in the Occupied ...

Stephen Bowen - 1997 - 340 pages
...but not expressly stated, in the opening clause of Article 43 of the Hague Regulations which provides "[t]he authority of the legitimate power having in fact passed into the hands of the occupant".19 However, only a limited authority is transmitted, and in particular: 18 An excellent concise...
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Restoring and Maintaining Order in Complex Peace Operations: The Search for ...

Michael J. Kelly - 1999 - 346 pages
...that posed questions of the Hague Regulations, particularly with regard to Article 43 which states: 'The authority of the legitimate power having in fact...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 civil life, while...
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Governmental Illegitimacy in International Law

Brad R. Roth - 1999 - 476 pages
...of the 1899 and 1907 Hague Regulations Respecting the Laws and Customs of War on Land, as follows: The authority of the legitimate power having in fact...restore and ensure, as far as possible, public order and [civil life], while respecting, unless absolutely prevented, the laws in force in the country.* It...
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Nanking: Anatomy of an Atrocity

Masahiro Yamamoto - 2000 - 380 pages
...was also required to extend due protection to the inhabitants of occupied areas. Article 43 stated. "The authority of the legitimate power having in fact passed into the hands of the occupants, the latter shall take all the measure in his power to restore, and ensure, as far as possible,...
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Media and Sovereignty: The Global Information Revolution and Its Challenge ...

Monroe E. Price - 2002 - 332 pages
...media and information intervention. 38. Hague Regulations, art. 43. The article in its entirety states: "The authority of the legitimate power having in fact...restore and ensure, as far as possible, public order and [civic life], while respecting, unless absolutely prevented, the laws in force in the country." Ibid....
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Holocaust a History

Deborah Dwork, Robert Jan Pelt, Robert Jan van Pelt - 2003 - 468 pages
...of 1907 expressed customary international law, and offered guidance to occupation administrations: The authority of the legitimate power having in fact...restore and ensure, as far as possible, public order and [civil life], while respecting, unless absolutely prevented, the laws in force in the country.52 What...
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Reshaping Rogue States: Preemption, Regime Change, and US Policy toward Iran ...

Alexander T.J. Lennon, Camille Eiss - 2004 - 396 pages
...administer a country following conquest and directly addresses the transfer of power, providing as follows: "The authority of the legitimate power having in fact...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, while respecting,...
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The Politics of International Law

Christian Reus-Smit, Thomas Biersteker, Steve Smith - 2004 - 348 pages
...upon the occupying power'.71 The provision deliberately emphasises this point with its statement that the authority of the legitimate power 'having in fact passed into the hands of the occupant':72 the occupant's authority, the product of an application of force, is factual ('in fact'),...
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Max Planck Yearbook of United Nations Law

Armin Von Bogdandy, Rüdiger Wolfrum, Christiane E. Philipp - 2005 - 729 pages
...measures to choose. HowField Manual 27-10 cites this obligation of the occupying power accurately: "... The authority of the legitimate power having in fact...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 ,..". 16 The...
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Israel Yearbook on Human Rights 2005

Yoram Dinstein, Fania Domb - 2005 - 367 pages
...underlying principle in Hague Convention IV is to be found in Article 43 of the Regulations annexed: The authority of the legitimate power having in fact...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, while respecting,...
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