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
§ 144. Private enemy property on the battlefield is no longer in every
case an object of booty.[282] Arms, horses, and military papers may
indeed be appropriated,[283] even if they are private property, as may
also private means of transport, such as carts and other vehicles which
an enemy has made use of. But letters, cash, jewellery, and other
articles of value found upon the dead, wounded, and prisoners must,
according to article 14 of the Hague Regulations and article 4 of the
Geneva Convention, be handed over to the Bureau of Information regarding
prisoners of war, which must transmit them to those interested. Through
article 14 of the Hague Regulations and article 4 of the Geneva
Convention it becomes apparent that nowadays private enemy property,
except military papers, arms, horses, and the like, is no longer booty,
although, individual soldiers often take as much spoil as they can get.
It is impossible for the commanders to bring the offender to justice in
every case.[284]
[Footnote 282: See above, § 139.]
[Footnote 283: See above, § 139, and article 4 of the Hague Regulations.
This article only mentions arms, horses, and military papers, but
saddles, stirrups, and the like go with horses, as ammunition goes with
arms, and these may for this reason likewise be appropriated; see _Land
Warfare_, § 69, note (_e_).]
[Footnote 284: It is of interest to state the fact that, during the
Russo-Japanese War, Japan carried out to the letter the stipulation of
article 14 of the Hague Regulations. Through the intermediary of the
French Embassies in Tokio and St. Petersburg, all valuables found on the
Russian dead and seized by the Japanese were handed over to the Russian
Government.]
[Sidenote: Private Enemy Property brought into a Belligerent's
Territory.]
§ 145. The case of private property found by a belligerent on enemy
territory differs from the case of such property brought during time of
war into the territory of a belligerent. That private enemy property on
a belligerent's territory at the time of the outbreak of war may not be
confiscated has already been stated above in § 102. Taking this fact
into consideration, as well as the other fact that private property
found on enemy territory is nowadays likewise as a rule exempt from
confiscation, there can be no doubt that private enemy property brought
into a belligerent's territory during time of war may not, as a rule, be
confiscated.[285] On the other hand, a belligerent may prohibit the
withdrawal of those articles of property which can be made use of by the
enemy for military purposes, such as arms, ammunition, provisions, and
the like. And in analogy with article 53 of the Hague Regulations there
can be no doubt that a belligerent may seize such articles and make use
of them for military purposes, provided that he restores them at the
conclusion of peace and pays indemnities for them.
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