International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 102. In former times all private and public enemy property, immoveable
or moveable, on each other's territory could be confiscated by the
belligerents at the outbreak of war, as could also enemy debts; and the
treaties[224] concluded between many States with regard to the
withdrawal of each other's subjects at the outbreak of war stipulated
likewise the unrestrained withdrawal of the private property of their
subjects. Through the influence of such treaties as well as of Municipal
Laws and Decrees enacting the same, an international usage and practice
grew up that belligerents should neither confiscate private enemy
property nor annul enemy debts on their territory. The last case of
confiscation of private property is that of 1793 at the outbreak of war
between France and Great Britain. No case of confiscation occurred
during the nineteenth century, and although several writers maintain
that according to strict law the old rule, in contradistinction to the
usage which they do not deny, is still valid, it may safely be
maintained that it is obsolete, and that there is now a customary rule
of International Law in existence prohibiting the confiscation of
private enemy property and the annulment of enemy debts on the territory
of a belligerent. This rule, however, does not prevent a belligerent
from seizing public enemy property on his territory, such as funds,
ammunition, provisions, rolling stock of enemy state-railways, and other
valuables; from preventing the withdrawal of private enemy property
which may be made use of by the enemy[225] for military operations, such
as arms and munitions; from seizing and making use of rolling stock
belonging to private enemy railway companies, other means of transport
of persons or goods which are private enemy property, and, further, all
appliances for the transmission of news, although they are private enemy
property, provided all these articles are restored and indemnities are
paid for them after the conclusion of peace;[226] and from suspending,
as a measure of self preservation, the payment of large enemy debts till
after the conclusion of peace in order to prevent the increase of
resources of the enemy.
[Footnote 224: See above, § 100; Moore, VII. § 1196; Scott,
_Conferences_, pp. 559-563.]
[Footnote 225: The indulgence granted to enemy merchantmen in Russian
and Japanese ports at the outbreak of the war in 1904, to leave those
ports unmolested within a certain period of time, was conditional upon
there being no contraband in the cargoes. See Lawrence, _War_, p. 52.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account