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
[Sidenote: Destruction of Arms, Ammunition, and Provisions.]
§ 152. Whatever enemy property a belligerent may appropriate he may
likewise destroy. To prevent the enemy from making use of them a
retreating force may destroy arms, ammunition, provisions, and the like,
which they have taken from the enemy or requisitioned and cannot carry
away. But it must be specially observed that they may not destroy
provisions in the possession of private enemy inhabitants in order to
prevent the enemy from making use of them in the future.[291]
[Footnote 291: Nor is a commander allowed to requisition such provisions
in order to have them destroyed, for article 52 of the Hague Regulations
expressly enacts that requisitions are only admissible for the
necessities of the army.]
[Sidenote: Destruction of Historical Monuments, Works of Art, and the
like.]
§ 153. All destruction of and damage to historical monuments, works of
art and science, buildings for charitable, educational, and
religious[292] purposes are specially prohibited by article 56 of the
Hague Regulations which enacts that the perpetrators of such acts must
be prosecuted (_poursuivie_), that is court-martialed. But it must be
emphasised that these objects enjoy this protection only during military
occupation of enemy territory. Should a battle be waged around an
historical monument on open ground, should a church, a school, or a
museum be defended and attacked during military operations, these
otherwise protected objects may be damaged or destroyed under the same
conditions as other enemy property.
[Footnote 292: It is of importance to state the fact that, according to
Grotius (III. c. 5, §§ 2 and 3), destruction of graves, tombstones,
churches, and the like is not prohibited by the Law of Nations, although
he strongly (III. c. 12, §§ 5-7) advises that they should be spared
unless their preservation is dangerous to the interests of the
invader.]
[Sidenote: General Devastation.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account