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Conqueror prescribes the laws

Ordinarily the rules by which military government is enforced are prescribed by the commander. He speaks and acts as the representative of the conqueror. Being upon the theatre of operations, and answerable to his government for the success of its arms, he has superior facilities for judging as to measures best calculated to attain the objects of military occupation and the highest motives for wishing their adoption. Unless his measures have been prescribed by higher authority, the commander will himself formulate and carry the details of military government into execution. He acts in strict subordination to the supreme executive power of the State.