International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 148. Contribution is a payment in ready money demanded either from
municipalities or from inhabitants, whether enemy subjects or foreign
residents. Whereas formerly no general rules concerning contributions
existed, articles 49 and 51 of the Hague Regulations now enact that
contributions may not be demanded extortionately, but exclusively[289]
for the needs of the army, in order, for instance, to pay for
requisitions or for the administration of the locality in question. They
may be imposed by a written order of a commander-in-chief only, in
contradistinction to requisitions which may be imposed by a mere
commander in a locality. They may not be imposed indiscriminately on the
inhabitants, but must so far as possible be assessed upon such
inhabitants in compliance with the rules in force of the respective
enemy Government regarding the assessment of taxes. And, finally, for
every individual contribution a receipt must be given. It is apparent
that these rules of the Hague Regulations try to exclude all
arbitrariness and despotism on the part of an invading enemy with regard
to contributions, and that they try to secure to the individual
contributors as well as to contributing municipalities the possibility
of being indemnified afterwards by their own Government, thus shifting,
so far as possible, the burden of supporting the war from private
individuals and municipalities to the State proper.[290]
[Footnote 289: As regards contributions as a penalty, see article 50 of
the Hague Regulations. See also Keller, _op. cit._ pp. 60-62.]
[Footnote 290: It is strange to observe that _Kriegsbrauch_, pp. 61-63,
does not mention the Hague Regulations at all.]
VIII
DESTRUCTION OF ENEMY PROPERTY
Grotius, III. c. 5, §§ 1-3; c. 12--Vattel, III. §§ 166-168--Hall,
§ 186--Lawrence, § 206--Manning, p. 186--Twiss, II. §§
65-69--Halleck, II. pp. 63, 64, 71, 74--Taylor, §§
481-482--Wharton, III. § 349--Moore, VII. § 1113--Wheaton, §§
347-351--Bluntschli, §§ 649, 651, 662, 663--Heffter, § 125--Lueder
in Holtzendorff, IV. pp. 482-485--Klüber, § 262--G. F. Martens,
II. § 280--Ullmann, § 176--Bonfils, Nos. 1078,
1178-1180--Pradier-Fodéré, VI. Nos. 2770-2774--Rivier, II. pp.
265-268--Nys, III. pp. 220-223--Calvo, IV. §§ 2215-2222--Fiore,
III. Nos. 1383-1388, and Code, Nos. 1525-1529--Martens, II. §
110--Longuet, §§ 99, 100--Mérignhac, pp. 266-268--_Kriegsbrauch_,
pp. 52-56--Holland, _War_, Nos. 3 and 76 (_g_)--Bordwell, p.
84--Spaight, pp. 129-140--_Land Warfare_, §§ 414, 422, 426, 427,
434.
[Sidenote: Wanton destruction prohibited.]
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