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
§ 147. Requisition is the name for the demand for the supply of all
kinds of articles necessary for an army, such as provisions for men and
horses, clothing, or means of transport. Requisition of certain services
may also be made, but they will be treated below in § 170 together with
occupation, requisitions in kind only being within the scope of this
section. Now, what articles may be demanded by an army cannot once for
all be laid down, as they depend upon the actual need of an army.
According to article 52 of the Hague Regulations, requisitions may be
made from municipalities as well as from inhabitants, but they may be
made so far only as they are really necessary for the army. They may not
be made by individual soldiers or officers, but only by the commander in
the locality. All requisitions must be paid for in cash, and if this is
impossible, they must be acknowledged by receipt, and the payment of the
amount must be made as soon as possible. The principle that requisitions
must be paid for by the enemy is thereby absolutely recognised, but, of
course, commanders-in-chief may levy contributions--see below, § 148--in
case they do not possess cash for the payment of requisitions. However
this may be, by the rule that requisitions must always be paid for, it
again becomes apparent and beyond all doubt that henceforth private
enemy property is as a rule exempt from appropriation by an invading
army.
A special kind of requisition is the quartering[288] of soldiers in the
houses of private inhabitants of enemy territory, by which each
inhabitant is required to supply lodging and food for a certain number
of soldiers, and sometimes also stabling and forage for horses.
Although the Hague Regulations do not specially mention quartering,
article 52 is nevertheless to be applied to it, since quartering is
nothing else than a special kind of requisition. If cash cannot be paid
at once for quartering, every inhabitant concerned must get a receipt
for it, stating the number of soldiers quartered and the number of days
they were catered for, and the payment of the amount must be made as
soon as possible.
[Footnote 288: See above, § 143.]
But it must be specially observed, that neither in the case of ordinary
requisitions nor in the case of quartering of troops is a commander
compelled to pay the prices asked by the inhabitants concerned. On the
contrary, he may fix the prices himself, although it is expected that
the prices paid shall be fair.
[Sidenote: Contributions.]
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