Re S

• Jurisdiction: Grecia
• Date: 01 January 1944
• Docket Number: Case No. 150
• Court: Obsolete Court (Greece)

Greece, Areopagus (Court of Cassation).

Case No. 150

In re S.

Military Occupation — Judgments of Courts Set Up by the Occupant — Incompatibility with Constitutional Laws.

The Facts.—The defendant S. had committed an offence against the laws controlling the sale of provisions. A German military tribunal ordered the total confiscation of his property. S. appealed to the Court of Cassation.

Held: that the judgment of the German military tribunal must be quashed.

The Court said: “According to the accepted rules of international law, which have been adopted by Greek law (Law No. 4134 of 1913), the sovereignty of a State continues in existence even after the occupation of its territory. The occupant goes beyond what is permitted by international law if he sets up tribunals other than those permitted by Article 43 of the Hague Regulations. That Article provides: ‘The authority of the legitimate Power having actually passed into the hands of the occupant, the latter shall take aU steps in his power to re-establish and ensure, as far as possible...