Office d'Aide Mutuelle v. Veuve Eugène Elias and Veuve Pedro Elias, and Others.

Abstract

Jurisdiction-Territorial — Restrictions upon — Foreign armed forces — Forces occupying friendly allied territory in war — Authority of forces over civilian inhabitants — Applicability of customary international law — Whether occupying forces entitled to detain civilian inhabitants suspected of offences against security — Occupation of Belgium by British forces in 1944 — The law of Belgium.

Treaties — Conclusion of — Constitutional limitations — Regarding signature — Requirement that treaties be signed by “Ministers assembled in Council” — Validity of treaty signed by Foreign Minister alone — Treaties concluded by Belgium during Second World War — Constitution of Belgium, Articles 68, 79 and 82.

War — Belligerent occupation — Occupation of friendly allied territory — Authority of occupying forces over civilian inhabitants — Applicable law — Whether customary international law — Whether occupying forces entitled to detain civilian inhabitants suspected of offences against security — Occupation of Belgium by British forces in 1944 — Agreement on Civil Administration and Jurisdiction, 1944 — Agreement regarding Claims arising out of Incidents involving Members of British Forces, 1945 — The law of Belgium.