10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Private personal (movable) property susceptible to direct military use may be seized, witha receipt to be given to allow for compensation to be paid at the conclusion of the war. 332Other private property may be subject to requisition, with payment in cash given as soonas possible. 333Private property may be forfeited to the Occupying Power as a result of the validimposition of penalties. 334 For example, a regulation closing a road for security reasons couldspecify that, as a penalty, unauthorized private vehicles found on the road would be subject toforfeiture without any compensation. 33511.18.6.1 Prohibition on Confiscation of Private Property in Occupied Territory.Private property may not be confiscated. 336The prohibition against confiscation of private property extends not only to outrighttaking in violation of the law of war, but also to any acts that, through the use of threats,intimidation, or pressure, or by actual exploitation of the power of the Occupying Power,permanently or temporarily deprive the owner of the use of such property without the owner’sconsent, or without authority under international law. 337The prohibition against confiscation of private property does not extend to takings byway of contribution, requisition, or the valid imposition of penalties. 338332 Refer to § 11.18.6.2 (Seizure of Private Property Susceptible to Direct Military Use).333 Refer to § 11.18.7 (Requisitions of Private Enemy Property).334 See Philip C. Jessup, A Belligerent Occupant’s Power over Property, 38 AJIL 457, 459 (1944) (“3) Seizure andconfiscation. This case is not spelled out in the Hague Regulations but it is important. Private property of any kindmay be forfeited as a penalty. For example, a military regulation may forbid civilian carts to cross a certain bridgeunder penalty of forfeiture of the cart and its contents and the draft animal. A regulation may forbid the sale ofintoxicating liquors under penalty of forfeiture of all stocks on hand. Especially in agrarian communities of ratherprimitive economy, fines may be imposed in terms of farm produce, articles of native manufacture, or any othercommodities. Property taken by the occupant in this way is acquired with a clear title and may be used in any waythe occupant sees fit.”).335 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 188 (“Private property may also have to be forfeited to anoccupant as a penalty: fines for a great number of minor offenses may be lawfully exacted in terms of products orgoods. For instance, vehicles found on closed roads may be confiscated, clothing over and above a stated maximummight well be seized, and so on. A lawful occupant could utilize all property thus acquired in any manner he saw fit,since he would have a clear title to the goods without having paid any compensation.”).336 HAGUE IV REG. art. 46 (“Private property cannot be confiscated.”).337 1956 FM 27-10 (Change No. 1 1976) 406b (“Prohibited Acts. The foregoing prohibition extends not only tooutright taking in violation of the law of war but also to any acts which, through the use of threats, intimidation, orpressure or by actual exploitation of the power of the occupant, permanently or temporarily deprive the owner of theuse of his property without his consent or without authority under international law.”).338 Brigadier General George B. Davis, Working Memoranda (Confidential for the United States Delegates): TheSecond Peace Conference (Paragraph 2 of Programme), The Rules of War on Land, 38 (1907) (“Article XVLI. …Private property may be taken by way of contribution or requisition, in order to compel the enemy to bear his shareof the burdens and hardships of war, but it can not be confiscated—that is, it can not be seized by way ofpunishment for a breach of allegiance, for no tie of allegiance exists between the inhabitants of the occupied territory794

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!