Kuwait Court of Cassation principle number 80

The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, dated 12/8/1949, to which the State of Kuwait acceded on 2/9/1962. Its purpose is to protect civilians present in the territory of the occupied State against unlawful acts to which the occupying State may resort, through the guarantees and rights it establishes for them vis-à-vis the latter. - 26 - Penal Law - The occupying State may not repeal or suspend the provisions of the penal legislation of the occupied State unless they contain something threatening its security or constituting an obstacle to the application of that Convention, as an exception to the general rule that such legislation remains in force. Article 64 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. - Permitting acts that would support aggression and consolidate the foundations of unlawful occupation, or depriving the legitimate authority of punishing the offender for what he committed against the occupation authorities and not against the legitimate authority. Falls outside the scope of that protection. Reliance on the aforementioned Article 64 to assert that the Kuwaiti Penal Code did not apply during the period of occupation, in order to avoid holding the offender accountable for the offences attributed to him which he committed during that period against the State of Kuwait and its legitimate regime. Unavailing. Seventh: Implementation of the law: