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of the armed forces who before or in the presence of the enemy quits his or her place of duty toplunder or pillage is guilty of the offense of misbehavior before the enemy. 4535.17.5 Feasible Precautions Should Be Taken to Mitigate the Burden on Civilians. Inseizing or destroying enemy property, feasible precautions should be taken to mitigate theburdens imposed on civilians.For example, in the practice of the United States, religious buildings, shrines, andconsecrated places employed for worship are used only for aid stations, medical installations, orthe housing of wounded personnel awaiting evacuation, provided in each case that a situation ofemergency requires such use. 454Similarly, if armed forces use a private residence, they must treat its inhabitants andowners humanely and with as much consideration as the circumstances permit. 455 In particular,the armed forces should generally allow the inhabitants to continue to live in part of their ownhomes, and should not expel them in the absence of alternate shelter. 456 But if imperativemilitary necessity requires the removal of the inhabitants, then efforts should be made to givethem notice and to aid them in taking their essential possessions. 457 If the armed forces takeanything, they should leave a note to this effect. 458However, there is no obligation to protect abandoned property in the area of activeoperations. 459453 10 U.S.C. § 899 (“Any member of the armed forces who before or in the presence of the enemy— … (6) quits hisplace of duty to plunder or pillage; … shall be punished by death or such other punishment as a court-martial maydirect.”).454 Refer to § 11.18.6.4 (Municipal, Religious, Charitable, and Cultural Property).455 GREENSPAN, MODERN LAW OF LAND WARFARE 283 (“Where private dwellings are taken over by troops, theinhabitants must be treated humanely and afforded as much consideration as the circumstances permit.”). Forexample, DICK COUCH, THE SHERIFF OF RAMADI 69 (2008) (“‘On yet another SR [special reconnaissance] mission,we had intelligence that a restaurant was being used as a meeting place for insurgents, but there were a lot of otherIraqis coming and going there as well. We needed an OP [observation post] that was close to the restaurant but nottoo close -- a secure perch from which we could observe the target for several days and still be safe from informers.We found this three-story house that was several hundred yards from the restaurant entrance. It was perfect. Wesent one of our interpreters to speak with the residents and to make arrangements to use one of their upper-floorrooms for a few days. We paid them well, but the key was that after being coached by the terp and our scouts, wewere very polite and respectful of their customs.’”) (second alteration in original).456 1958 UK MANUAL 615 (“When troops are quartered in private dwellings some rooms should be left to theinhabitants; the latter should not be driven into the streets and left without shelter.”).457 1958 UK MANUAL 615 (“If for military reasons, whether for operational purposes or to protect men and animalsfrom the weather, it is imperative to remove the inhabitants, efforts should be made to give them notice and providethem with facilities for taking essential baggage with them.”).458 1958 UK MANUAL 615 (“A note should be left if anything is taken.”); GREENSPAN, MODERN LAW OF LANDWARFARE 284 (“For anything validly taken, a note to this effect should be left.”).459 1958 UK MANUAL 615 (“There is … no obligation to protect abandoned property.”); GREENSPAN, MODERNLAW OF LAND Warfare 284 (“[T]here is no obligation on the part of the invader to protect abandoned property in thearea of active operations … .”).268

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