International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 134. Appropriation of public immoveables is not lawful so long as the
territory on which they are has not become State property of the
occupant through annexation. During mere military occupation of the
enemy territory, a belligerent may not sell or otherwise alienate public
enemy land and buildings, but only appropriate the produce of them.
Article 55 of the Hague Regulations expressly enacts that a belligerent
occupying enemy territory shall only be regarded as administrator and
usufructuary of the public buildings, real property, forests, and
agricultural works belonging to the hostile State and situated on the
occupied territory; that he must protect the stock and plant, and that
he must administer them according to the rules of usufruct. He may,
therefore, sell the crop from public land, cut timber in the public
forests and sell it, may let public land and buildings for the time of
his occupation, and the like. He is, however, only usufructuary, and he
is, therefore, prohibited from exercising his right in a wasteful or
negligent way that would decrease the value of the stock and plant.
Thus, for instance, he must not cut down a whole forest unless the
necessities of war compel him.
[Sidenote: Immoveable Property of Municipalities, and of Religious,
Charitable, and the like Institutions.]
§ 135. It must, however, be observed that the produce of such public
immoveables only as belong to the State itself may be appropriated, but
not the produce of those belonging to municipalities or of those which,
although they belong to the hostile State, are permanently set aside for
religious purposes, for the maintenance of charitable and educational
institutions, and for the benefit of art and science. Article 56 of the
Hague Regulations expressly enacts that such property is to be treated
as private property.
[Sidenote: Utilisation of Public Buildings.]
§ 136. So far as the necessities of war demand, a belligerent may make
use of public enemy buildings for all kinds of purposes. Troops must be
housed, horses stabled, the sick and wounded nursed. Public buildings
may in the first instance, therefore, be made use of for such purposes,
although they may thereby be considerably damaged. And it matters not
whether the buildings belong to the enemy State or to municipalities,
whether they are regularly destined for ordinary governmental and
municipal purposes, or for religious, educational, scientific, and the
like purposes. Thus, churches may be converted into hospitals, schools
into barracks, buildings used for scientific research into stables. But
it must be observed that such utilisation of public buildings as damages
them is justified only if it is necessary. A belligerent who turned a
picture gallery into stables without being compelled thereto would
certainly commit a violation of the Law of Nations.
[Sidenote: Moveable Public Property.]
Public-domain text, read in full here on John Shaqi.
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