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5.17.3 Enemy Movable Property on the Battlefield (War Booty). Any enemy publicmovable property on the battlefield may be seized. 428 Property is public if it belongs to theenemy State or an agency of that State. 429In general, enemy private movable property on the battlefield may be seized if theproperty is susceptible to direct military use, i.e., it is necessary and indispensable for theconduct of war. 430 This includes arms, ammunition, military papers, or property that can be usedas military equipment (e.g., as a means of transportation or communication). 431 However,certain types of military equipment used for clothing, feeding, or personal protection (e.g.,helmets and gas masks) may not be seized from POWs, and should remain in their possession. 4325.17.3.1 Private Military Property Not Susceptible to Direct Military Use.Private enemy property that is not susceptible to direct military use (e.g., arms, ammunition,military papers, or military equipment) may be appropriated only to the extent such taking ispermissible in occupied areas. 433 In particular, receipts should be given and compensation paid,when feasible. 4345.17.3.2 Ownership of Captured or Found Property on the Battlefield. All enemyproperty that is captured or found on the battlefield becomes the property of the capturingState. 435 During international armed conflict, personal property recovered from enemy deadhumane commander will not unnecessarily allow his troops and transport to march and ride over tilled fields andcrops. But if the purpose of war necessitates it, he is justified in so doing.”).428 1956 FM 27-10 (Change No. 1 1976) 59a (“All enemy public movable property captured or found on abattlefield becomes the property of the capturing State.”); LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 402(§139) (“[Movable] public enemy property on the battlefield may be appropriated by belligerents.”).429 See, e.g., William Gerald Downey, Jr., Captured Enemy Property: Booty of War and Seized Enemy Property, 44AJIL 488, 489 (1950) (“Enemy public property is defined as chattels, the title to which is vested in a state or in anyagency of such state.”).430 See Menzel v. List, 267 N.Y.S.2d 804, 820 (N.Y. Sup. Ct. 1966) (“Booty is defined as property necessary andindispensable for the conduct of war, such as food, means of transportation, and means of communication; and islawfully taken.”).431 1958 UK MANUAL 615 (“Private enemy property on the battlefield is not (as it was in former times) in everycase booty. Arms and ammunition and military equipment and papers are booty, even if they are the property ofindividuals, but cash, jewellery, and other private articles of value are not.”); GREENSPAN, MODERN LAW OF LANDWARFARE 281 (“Private property in the following categories belonging to members of the enemy forces falls withinthe description of booty: arms, horses, military equipment, and military documents.”); LAUTERPACHT, IIOPPENHEIM’S INTERNATIONAL LAW 406 (§144) (“Private enemy property on the battlefield is no longer in everycase an object of booty. Arms, horses, and military papers may indeed be appropriated, even if they are privateproperty, as may also private means of transport, such as cars and other vehicles which an enemy may make useof.”).432 Refer to § 9.7 (POW Effects and Articles of Personal Use).433 See 1956 FM 27-10 (Change No. 1 1976) 59b (“Enemy private movable property, other than arms, militarypapers, horses, and the like captured or found on a battlefield, may be appropriated only to the extent that suchtaking is permissible in occupied areas.”). Refer to § 11.18.6 (Treatment of Enemy Private Property).434 Refer to § 11.18.6.2 (Seizure of Private Property Susceptible to Direct Military Use).435 1956 FM 27-10 (Change No. 1 1976) 59a-b (providing that “[a]ll enemy public movable property captured orfound on a battlefield becomes the property of the capturing State” and that “[e]nemy private movable property,265