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5.17.5.1 Compensation for Property Seizure or Damage. Although reasonableefforts should be made to spare civilians from unnecessary harm when seizing or destroyingenemy property, the law of war imposes no obligation to compensate for loss of, or damage to,private property imperatively demanded by the necessities of war, including damage incidentalto combat operations. 460 However, if time allows, a record of the use or damage should be kept,or given to the owner, so that in the event of funds being provided by either belligerent at theclose of hostilities to compensate the owners, there may be evidence to assist the assessors. 461As a matter of practice, during counter-insurgency operations, U.S. forces have oftenmade payments to, or taken other actions on behalf of, civilians suffering loss. 4625.18 PROTECTION OF CULTURAL PROPERTY DURING HOSTILITIESCertain types of property receive additional protection as cultural property. Culturalproperty, the areas immediately surrounding it, and appliances in use for its protection should besafeguarded and respected.Some obligations with respect to cultural property apply during non-international armedconflict. 463 There are also obligations with respect to cultural property during occupation 464 andpeacetime. 465 Certain treaty obligations with respect to cultural property may only apply on theterritory of Parties to the 1954 Hague Cultural Property Convention, 466 but the United States haspreviously identified some of these obligations as customary international law. 467 DoDpersonnel, therefore, in the absence of contrary guidance by competent authority, should act as ifthey were legally bound by the rules for the protection of cultural property in the 1954 HagueCultural Property Convention during hostilities even when conducting operations in the territoryof a State that is not a Party to the 1954 Hague Cultural Property Convention. 468460 See, e.g., 1958 UK MANUAL 593 (“The owner of property may claim neither rent for its use nor compensationfor damage caused by the necessities of war.”).461 1958 UK MANUAL 593 (“If time allows, however, a note of the use or damage should be kept, or given to theowner, so that in the event of funds being provided by either belligerent at the close of hostilities to compensate theinhabitants, there may be evidence to assist the assessors.”).462 For example, DEPARTMENT OF THE ARMY FIELD MANUAL 3-24.2, Tactics in Counterinsurgency, 7-89 (Apr.2009) (“Recent experiences have shown the effectiveness of using money to win popular support and further theinterests and goals of units conducting counterinsurgency operations. … A counterinsurgency force can use moneyto … • Repair damage resulting from combined and coalition operations. • Provide condolence payments to civiliansfor casualties from combined and coalition operations.”).463 Refer to § 17.11 (Protection of Cultural Property in NIAC).464 Refer to § 11.19 (Protection of Cultural Property During Occupation).465 Refer to § 5.18.2.1 (Peacetime Obligations to Prepare for the Safeguarding of Cultural Property).466 See, e.g., 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 4(1) (“The High Contracting Parties undertake torespect cultural property situated within their own territory as well as within the territory of other High ContractingParties.”).467 Refer to § 5.18.8 (Special Protection for Certain Cultural Property).468 Refer to § 3.1.1 (DoD Practice of Applying Law of War Rules Even When Not Technically Applicable).269