Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
It is certain that, apart from general conventions,
international law imposes no liability on an invader to pay for
requisitioned property or services, or to honour any receipts
which he may have given for them.
The Hague Convention of 1899 made no change in this respect.
Arts. 51 and 52 of the _Règlement_ annexed to the Convention
direct, it is true, that receipts should be given for
contributions ("un reçu sera délivré aux contribuables") also
for requisitions in kind, if not paid for ("elles seront
constatées par des reçus"), but these receipts were to be
merely evidence that money or goods have been taken, and it was
left an open question, by whom, if at all, compensation was to
be made or the losses thus established.
The _Règlement_ of 1907 is more liberal than that of 1899 with
reference to requisitioned property (though not with reference
to contributions). By the new Art. 52, "supplies furnished in
kind shall be paid for, so far as possible, on the spot. If
not, they shall be vouched for (_constatées_) by receipts, and
payment of the sums due shall be made as soon as may be." The
Hague Convention mentioned in the following letter is, of
course, that of 1899.
REQUISITIONS IN WARFARE
Sir,--A few words of explanation may not be out of place with reference
to a topic touched upon last night in the House of Commons--viz. the
liability of the British Government to pay for stock requisitioned
during the late war from private enemy owners. It should be clearly
understood that no such liability is imposed by international law. The
commander of invading forces may, for valid reasons of his own, pay cash
for any property which he takes, and, if he does not do so, is nowadays
expected to give receipts for it. These receipts are, however, not in
the nature of evidence of a contract to pay for the goods. They are
intended merely to _constater_ the fact that the goods have been
requisitioned, with a view to any indemnity which may eventually be
granted to the sufferers by their own Government. What steps should be
taken by a Government towards indemnifying enemies who have subsequently
become its subjects, as is now happily the case in South Africa, is a
question not of international law, but of grace and favour.
Public-domain text, read in full here on John Shaqi.
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