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destruction of, or willful damage done to institutions of this character, historic monuments,works of art, and science, is forbidden, and should be made the subject of legal proceedings. 343The reference to “property of municipalities” above has been interpreted as not grantingpreferential treatment for all types of property owned by municipalities, but as referring tocommunal property, such as poor houses, asylums, park buildings, museums, and public records,whether owned by a parish, a town, or a province. 344Just as private property may be subject to requisitions and contribution and certain otherpurposes during a military occupation, the types of property referred to in Article 56 of theHague IV Regulations may also be subject to such demands. 345 For example, such property maybe requisitioned in case of necessity for quartering the forces and the sick and wounded, storageof supplies and material, housing of vehicles and equipment, and generally as prescribed forprivate property. 346 Such property must, however, be secured against all avoidable injury, evenwhen located in fortified places that are subject to seizure or bombardment. 347Additional rules apply to cultural property. 348In the practice of the United States, religious buildings, shrines, and consecrated placesemployed for worship are used only for aid stations, for medical installations, or for the housing343 HAGUE IV REG. art. 56 (“The property of municipalities, that of institutions dedicated to religion, charity andeducation, the arts and sciences, even when State property, shall be treated as private property. All seizure of,destruction or willful damage done to institutions of this character, historic monuments, works of art, and science, isforbidden, and should be made the subject of legal proceedings.”).344 William M. Franklin, Municipal Property Under Belligerent Occupation, 28 AJIL 383, 395-96 (1944) (“3. It wasnot the intention of the drafters of the article to grant the highly preferential treatment of Article 56 to all types ofproperty owned by municipalities, simply on the basis of their ownership. Military installations maintained bymunicipalities and all other types of property owned by municipalities which would be susceptible of direct militaryuse and were not dedicated to humanitarian, educational, scientific or artistic purposes do not enjoy the protection ofArticle 56. 4. For this reason it was never thought necessary to define the word ‘communes’ in terms of any specificunit of local government. The expression was intended to include communal property, such as poor houses,asylums, park buildings, museums and public records, whether owned by a parish, a town or a province.”).345 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 192 (“It has to be remembered, in this connection, thatmunicipal property is subject to requisitions and contributions…. While an occupant is prevented from confiscatingthe various kinds of property listed in Article 56, the rules of international law do not prevent him, on the otherhand, from utilizing these properties for certain purposes during military occupation. He is entitled to lodge troops,animals, stores, supplies, and the like in buildings belonging to exempt or immune institutions, and may convertsuch buildings into hospitals for the care of this wounded. In other words, municipal and other exempt property maybe used by the occupying forces in the same manner and to the same extent as in the case of private property.”).346 1956 FM 27-10 (Change No. 1 1976) 405 (“b. Use of Such Premises. The property included in the foregoingrule may be requisitioned in case of necessity for quartering the troops and the sick and wounded, storage ofsupplies and material, housing of vehicles and equipment, and generally as prescribed for private property. Suchproperty must, however, be secured against all avoidable injury, even when located in fortified places which aresubject to seizure or bombardment.”).347 Refer to § 5.17.5 (Feasible Precautions Should Be Taken to Mitigate the Burden on Civilians).348 Refer to § 11.19 (Protection of Cultural Property During Occupation).796

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