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
§ 137. Moveable public enemy property may certainly be appropriated by a
belligerent provided that it can directly or indirectly be useful for
military operations. Article 53 of the Hague Regulations unmistakably
enacts that a belligerent occupying hostile territory may take
possession of the cash, funds, realisable securities, depôts of arms,
means of transport, stores, supplies, appliances on land or at sea or in
the air adapted for the transmission of news or for the transport of
persons or goods, and of all other moveable property of the hostile
State which may be used for military operations. Thus, a belligerent is
entitled to seize not only the money and funds of the hostile State on
the one hand, and, on the other, munitions of war, depôts of arms,
stores and supplies, but also the rolling-stock of public railways[271]
and other means of transport and everything and anything he can directly
or indirectly make use of for military operations. He may, for
instance, seize a quantity of cloth for the purpose of clothing his
soldiers.
[Footnote 271: See Nowacki, _Die Eisenbahnen im Kriege_ (1906), §§ 15
and 19. Some writers--see, for instance, Bonfils, No. 1185, and Wehberg,
_op. cit._ p. 22--maintain that such rolling stock may not be
appropriated, but may only be made use of during war and must be
restored after the conclusion of peace. The assertion that article 53,
second paragraph, is to be interpreted in that sense, is unfounded, for
restoration is there stipulated for such means of transport and the like
as are _private_ property.]
[Sidenote: Moveable Property of Municipalities, and of Religious,
Charitable, and the like Institutions.]
§ 138. But exceptions similar to those regarding the usufruct of public
immoveables are valid in the case of the appropriation of public
moveables. Article 56 of the Hague Regulations enumerates the property
of municipalities, of religious, charitable, educational institutions,
and of those of science and art. Thus the moveable property of churches,
hospitals, schools, universities, museums, picture galleries, even when
belonging to the hostile State, is exempt from appropriation by a
belligerent. As regards archives, they are no doubt institutions for
science, but a belligerent may nevertheless seize such State papers
deposited therein as are of importance to him in connection with the
war. The last instances of the former practice are presented by Napoleon
I., who seized works of art during his numerous wars and had them taken
to the galleries of Paris. But they had to be restored to their former
owners in 1815.
[Sidenote: Booty on the Battlefield.]
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