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
§ 170. An occupant having authority over the territory, the inhabitants
are under his sway and have to render obedience to his commands.
However, the power of the occupant over the inhabitants is not
unrestricted, for articles 23, 44, and 45 of the Hague Regulations
expressly enact, that he is prohibited from compelling the inhabitants
to take part in military operations against the legitimate Government,
to give information concerning the army of the other belligerent or
concerning the latter's means of defence, or to take an oath of
allegiance. On the other hand, he may compel them to take an
oath--sometimes called an "oath of neutrality"--to abstain from taking
up a hostile attitude against the occupant and willingly to submit to
his legitimate commands; and he may punish them severely for breaking
this oath. He may make requisitions and demand contributions[332] from
them, may compel them to render services as drivers, farriers, and the
like.[333] He may compel them to render services for the repair or the
erection of such roads, buildings, or other works as are necessary for
military operations.[334] He may also collect the ordinary taxes, dues,
and tolls imposed for the benefit of the State by the legitimate
Government. But in such case he is, according to article 48 of the Hague
Regulations, obliged to make the collection, as far as possible, in
accordance with the rules in existence and the assessment in force, and
he is, on the other hand, bound to defray the expenses of the
administration of the occupied territory on the same scale as that by
which the legitimate Government was bound.
[Footnote 332: See above, §§ 147 and 148.]
[Footnote 333: Formerly he could likewise compel them to render services
as guides, but this is now prohibited by the wording which article 44
received from the Second Peace Conference. It should, however, be
mentioned that Germany, Austria-Hungary, Japan, Montenegro, and Russia
have signed Convention IV. with a reservation against article 44, and
that in a war with these Powers the old rule is valid that inhabitants
may be compelled to serve as guides.]
[Footnote 334: See article 52 of the Hague regulations, and _Land
Warfare_, §§ 388-392.]
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