Military Prosecutor v. Mohammad Samikh Amin Ibrahim al Nassar

Abstract

War and neutrality — Warfare on land — Occupation of enemy territory — Legislative, judicial and administrative functions of Occupant — Geneva Convention Relative to Protection of Civilian Persons in Time of War, 1949, Article 64 — Repeal or suspension of penal laws in occupied territory — Discretion of Occupying Power regarding investigations, rules of procedure and evidence before military courts — Operation of dual legal system in occupied territory — Position of new government as new sovereign — Function of military courts — Nature of military legislation — Defence (Emergency) Regulations — The law of Israel