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The term usufruct means literally “to use the fruit.” 326 The Occupying Power may useand enjoy the benefits of public real (immovable) property belonging to an enemy State, but doesnot have the right of sale or unqualified use of such property. As administrator or usufructuary,the Occupying Power should not exercise its rights in such a wasteful and negligent manner asseriously to impair the property’s value. 327The Occupying Power may, however, lease or utilize public lands or buildings, sell thecrops, cut and sell timber, and work the mines. The term of a lease or contract should not extendbeyond the conclusion of the war. 32811.18.5.3 Public Personal (Movable) Property. An army of occupation may onlytake possession of cash, funds, and realizable securities that are strictly the property of an enemyState, depots of arms, means of transport, stores and supplies, and, generally, all personal(movable) property belonging to the State that may be used for military operations. 329Thus, all personal (movable) property belonging to an enemy State susceptible of militaryuse may be taken possession of, and utilized for, the benefit of the Occupying Power. Undermodern conditions of warfare, a large proportion of State property may be regarded as capable ofbeing used for military purposes. However, personal (movable) property that is not susceptibleof military use must be respected and may not be appropriated. 33011.18.6confiscated. 331Treatment of Enemy Private Property. Private property may not be326 See DEPARTMENT OF THE ARMY PAMPHLET 27-161-2, II International Law, 183 (Oct. 23, 1962) (“The term‘usufruct’ means literally ‘to use the fruit.’ The occupant can therefore enjoy the benefits of public real property,but he cannot interfere with the substantive rights still possessed by the displaced sovereign.”); Brigadier GeneralGeorge B. Davis, Working Memoranda (Confidential for the United States Delegates): The Second PeaceConference (Paragraph 2 of Programme), The Rules of War on Land, 43 (1907) (“In the meaning which has beenassigned to the term ‘usufruct’ in both the common and civil law, the usufructuary is entitled to the enjoyment of therevenue so long as he preserves the substance or capital of which he appropriates and uses the usufruct. In itsapplication to the commanding general of occupied territory this means that, so long as he maintains the propertiesthus unimpaired, he may apply the usufructuary revenue to the necessary expenses of the military occupation.”).327 1956 FM 27-10 (Change No. 1 1976) 402 (“The occupant does not have the right of sale or unqualified use ofsuch property. As administrator or usufructuary he should not exercise his rights in such a wasteful, and negligentmanner as seriously to impair its value.”).328 1956 FM 27-10 (Change No. 1 1976) 402 (“He may, however, lease or utilize public lands or buildings, sell thecrops, cut and sell timber, and work the mines. The term of a lease or contract should not extend beyond theconclusion of the war.”).329 HAGUE IV REG. art. 53 (“An army of occupation can only take possession of cash, funds, and realizable securitieswhich are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally,all movable property belonging to the State which may be used for military operations.”).330 1956 FM 27-10 (Change No. 1 1976) 404 (“All movable property belonging to the State susceptible of militaryuse may be taken possession of and utilized for the benefit of the occupant’s government. Under modern conditionsof warfare, a large proportion of State property may be regarded as capable of being used for military purposes.However, movable property which is not susceptible of military use must be respected and cannot beappropriated.”).331 Refer to § 11.18.6.1 (Prohibition on Confiscation of Private Property in Occupied Territory).793