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
§ 141. All kinds of private moveable property which can serve as war
material, such as arms, ammunition, cloth for uniforms, leather for
boots, saddles, and also all appliances, whether on land or at sea or in
the air, which are adapted for the transmission of news or for the
transportation of persons and goods, such as railway rolling-stock,[277]
ships, telegraphs, telephones, carts, and horses, may be seized and made
use of for military purposes by an invading belligerent, but they must
be restored at the conclusion of peace, and indemnities must be paid for
them. This is expressly enacted by article 53 of the Hague Regulations.
It is evident that the seizure of such material must be duly
acknowledged by receipt, although article 53 does not say so; for
otherwise how could indemnities be paid after the conclusion of peace?
As regards the question who is to pay the indemnities, Holland (_War_,
No. 113) correctly maintains that "the Treaty of Peace must settle upon
whom the burden of making compensation is ultimately to fall."
[Footnote 277: See Nowacki, _Die Eisenbahnen im Kriege_ (1906), § 15.]
[Sidenote: Works of Art and Science, Historical Monuments.]
§ 142. On the other hand, works of art and science, and historical
monuments may not under any circumstances or conditions be appropriated
or made use of for military operations. Article 56 of the Hague
Regulations enacts categorically that "all seizure" of such works and
monuments is prohibited. Therefore, although the metal of which a statue
is cast may be of the greatest value for cannons, it must not be
touched.
[Sidenote: Other Private Personal Property.]
§ 143. Private personal property which does not consist of war material
or means of transport serviceable to military operations may not as a
rule be seized.[278] Articles 46 and 47 of the Hague Regulations
expressly stipulate that "private property may not be confiscated," and
"pillage is formally prohibited." But it must be emphasised that these
rules have in a sense exceptions, demanded and justified by the
necessities of war. Men and horses must be fed, men must protect
themselves against the weather. If there is no time for ordinary
requisitions[279] to provide food, forage, clothing, and fuel, or if the
inhabitants of a locality have fled so that ordinary requisitions cannot
be made, a belligerent must take these articles wherever he can get
them, and he is justified[280] in so doing. And it must further be
emphasised that quartering[281] of soldiers who, together with their
horses, must be well fed by the inhabitants of the houses concerned, is
likewise lawful, although it may be ruinous to the private individuals
upon whom they are quartered.
[Footnote 278: See above, § 133, note.]
[Footnote 279: See below, § 147.]
[Footnote 280: The Hague Regulations do not mention this case.]
[Footnote 281: See below, § 147.]
[Sidenote: Booty on the Battlefield.]
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