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ecomes the property of the capturing State for the purpose of returning it to the next-of-kin ofthe deceased. 436 The individual military member or person accompanying the armed forces whocaptures or finds enemy property acquires no title or claim. 437Failure to turn over such property to the proper authorities, or disposal of such propertyfor personal profit, is punishable under Article 103 of the Uniform Code of Military Justice. 4385.17.4respect to:Pillage Prohibited. Pillage is prohibited, both in general 439 and specifically with• the wounded, sick, shipwrecked, and dead; 440• POWs; 441• protected persons under the GC; 442• persons in occupied territory 443 and in areas of non-international armed conflict; 444 andother than arms, military papers, horses, and the like captured or found on a battlefield, may be appropriated only tothe extent that such taking is permissible in occupied areas (see pars. 405-411).”); 1956 FM 27-10 (Change No. 11976) 396 (“Public property captured or seized from the enemy, as well as private property validly captured on thebattlefield and abandoned property, is property of the United States … .”); 1958 UK MANUAL 615 (“Public enemyproperty found or captured on a battlefield becomes, as a general rule, the property of the opposing belligerent.”).436 Refer to § 7.7.2.2 (Forwarding Valuable Articles Found on the Dead).437 Foster v. United States, 98 F. Supp. 349, 352 (Ct. Cl. 1951) (“[A] soldier may not make a profit out of thedisorder and flight which ensues from war. In the abandoned property which he comes upon, and which he mustturn over to the proper authority without delay, he does not acquire any proprietary interest. His taking possessionof it is done as an agent of the Government, and if it is not reclaimed by the owner who abandoned it, it belongs tothe Government.”).438 See 10 U.S.C. § 903 (“(a) All persons subject to this chapter shall secure all public property taken from theenemy for the service of the United States, and shall give notice and turn over to the proper authority without delayall captured or abandoned property in their possession, custody, or control. (b) Any person subject to this chapterwho—(1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades, or in any way deals in ordisposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage tohimself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging; shall bepunished as a court-martial may direct.”).439 See, e.g., HAGUE IV REG. art. 28 (“The pillage of a town or place, even when taken by assault, is prohibited.”);1899 HAGUE II art. 28 (same); LIEBER CODE art. 44 (“[A]ll robbery, all pillage or sacking, even after taking a placeby main force … are prohibited under the penalty of death, or such other severe punishment as may seem adequatefor the gravity of the offense.”).440 Refer to § 7.4.2 (Affirmative Measures to Protect Against Pillage and Ill-Treatment); § 7.7.2.1 (Measures toPrevent the Dead From Being Despoiled); § 17.14.3 (Search, Collection, and Protection of the Wounded, Sick,Shipwrecked, and Dead).441 Refer to § 9.7 (POW Effects and Articles of Personal Use).442 Refer to § 10.5.3.3 (Pillage Against Protected Persons).443 Refer to § 11.18.1 (Prohibition Against Pillage in Occupied Territory).444 Refer to § 17.6.4 (Prohibition on Pillage).266

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