The basic requirement to respect the existing legal framework of a territory has long been under pressure, for a variety of reasons. This apparently straightforward rule needs interpretation in light of the particular facts of a situation, and the particular nature of certain laws. In practice, certain types of law (e.g., laws relating to military conscription and to national elections) are often suspended during occupations. Moreover, in occupations of countries that had previously been under dictatorial or extremist rule, numerous other laws may be suspended. In the occupation of parts of Italy and Germany toward the end of World War II, the Allies abolished fascist laws. They did so right from the start, during the belligerent occupation phase before the Italian armistice and the German surrender. This measure might appear to have transgressed the letter of Article 43. However, many writers indicated that the nature of the Axis regimes and their laws was such as to “absolutely prevent” the Allies from accepting their continuation.
Adam Roberts, “Transformative Military Occupation: Applying the Laws of War and Human Rights”, The American Journal of International Law, Vol. 100 (2006), 587.