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2 Includes churches, temples, mosques, synagogues, etc., without any distinction as to the nature of the religious cult (Hague I. B. B., p. 152).
As to neutral property in an occupied country, see chapter XV.
N. B.- Imperative military necessity may justify the destruction of any of the above kinds of property."
356. What occupant may do with such property.—The occupant does not have the absolute right of disposal or sale of enemy's real property. As administrator or usufructuary he should not exercise his rights in such. wasteful and negligent manner as to seriously impair its value. He may, however, lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. A lease or contract should not extend beyond the conclusion of the war.
1 Land Warfare, Opp., par. 427. Spaight, War Rights on Land, p. 416. The rules of usufruct of the invaded territory should be applied especially as to forests, which should not be treated in a barbarous manner.
357. State real property susceptible of direct military use.Real property of a State which is of direct military use, such as forts, arsenals, dockyards, magazines, barracks, railways, canals, bridges, piers, wharves, remain in the hands of the occupant until the close of the war, and may be destroyed or damaged, if deemed necessary, in military operations."
1 Rules adopted by the Japanese upon the occupation of Dalny-Ariga, pp. 354-355.
1. PUBLIC PROPERTY OF THE ENEMY.
A. LANDED PROPERTIES. (a) The buildings, grounds, and other real estate belonging to the Government will be utilized by our army or will be a source of revenue to it. The army will destroy them only in extreme necessity of war. Outside of this case, it must manage them as a usufruct and never claim the property for itself. However, the ordnance depots, telegraph, and telephone establishments will be seized.
(6) The landed estates of the city of Dalny, and the establishments devoted to public worship, charity, fine arts, and sciences will be protected and considered as private properties.
B. PERSONAL PROPERTIES. (a) All moneys, securities, arms, munitions, railroad material, wagons, horses, vessels, provisions, clothing, and all objects fit for use in war, will be seized.
(b) The properties belonging to the city of Dalny and institutions of public worship, charity, education, fine arts and sciences, will be treated ās private properties.
II. PRIVATE PROPERTY.
A. REAL PROPERTY. (a) Only grounds, buildings, or real properties, the owners of which have left without intrusting them to administrators, can be temporarily occupied by our army.
(0) Common landed property will be placed for our use by way of request only.
B. PERSONAL PROPERTY, (a) Only railroad material, vessels, arms, munitions, horses, stores, clothing, and all articles that can be used directly in war will be appropriated.
(b) Other private properties shall be turned to account of our army by right of taxation, contribution, or requisition only.
III. PROPERTY OF UNKNOWN ORIGIN. When it is not clear whether property is public or private, it will be temporarily, regarded as public property upon condition that the principle of private property is applied to it if, subsequently, the private ownership is clearly proved.
REMARKS. 1. As the administration of the Railway Co. of Eastern China may be considered as a State undertaking, everything owned by it or connected with its working will be considered and treated as property of the State.
2. As the greater part of the property of the town of Dalny is so situated that it is impossible to ascertain definitely the ownership, especially after the destructive acts of the Russians, the pillage and devastation of marauding bands and of the Chinese inhabitants themselves, no provision can be made with respect thereto. That to which the owners can prove their right by incontestable evidence will be treated according to the principles of international law.
3. Private property seized will be restored and the question of indemnity settled when peace is reestablished. For every article of private property seized by the army, a certificate will, as soon as possible, be furnished.
4. When our army makes use of property, the ownership of which is not certain, the designation of these articles, their number, and any information as to the place where they were found, etc., will, as far as possible, be recorded.
358. Property of municipalities, etc.-H. R. Art. LVI. The property of municipalities, that of institutions dedicated to religion, charity and education, 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, science, is forbidden, and should be made the subject of legal proceedings.
359. Authorized treatment of. The property included in the foregoing rule may be utilized in case of necessity for quartering the troops, the sick and wounded, horses, stores, etc., and generally as prescribed for private property. Such property must, however, be secured against all avoidable injury, even when located in fortified places which are subject to seizure or bombardment.2
1 Vide ante pars. 333-335.
G. 0. 100, 1863, art. 35 : “ Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes, as well as hospitals, must be secured against all avoidable injury, even when they are contained in fortified places whilst besieged or bombarded."
360. Public movable property.-H. R. Art. LIII, par. 1. An army of occupation can only take possession of cash, funds, and realizable securities which 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."
1 On January 23, 1898, the firm of Smith, Bell & Co., of Manila (bankers), were required to pay to the military authorities $100,000 for a draft for that amount drawn in favor of one Mariano Trias, who was the custodian of the funds, or treasurer, of the Philippine In
surgents. The original draft, which was not in the possession of the United States authorities, passed through several hands and was finally located in the possession of a certain Filipino, who was warned that if he attempted to collect the amount, or to let same out of his possession, his house and lands would be confiscated to the United States.
The action of the military authorities was sustained. Vide Magoon's reports, p. 261.
361. Two classes of movable property of enemy.--All movable property belonging to the State directly susceptible of military use may be taken possession of as booty and utilized for the benefit of the invader's Government. Other movable property, not directly susceptible of military use, must be respected and can not be appropriated."
1 It is usual to accord protection to Crown pictures, jewels, collections of art, and arehives, but papers connected with the war may be secured, even if they pertain to archives. Land Warfare, Opp., par. 431.
362. Property of unknown ownership.—Where the ownership of property is unknown—that is, where there is any doubt as to whether it is public or private, as frequently happens.it should be treated as public property until ownership is definitely settled."
1 The application of this rule will avoid fraudulent transfer of title of public property to private individuals. Land Warfare, Opp., par. 432.
APPENDIX. The following blanks were prepared in the office of the Quartermaster's Corps for use of officers in making requisitions. They are issued in triplicating books so arranged that one copy can be sent to proper headquarters, one copy given to the party from .whom articles are requisitioned, and one copy retained. [Field Form No.-.]
Receipt for supplies in enemy's country. Received from
I certify that I have received the above stores. That I have (have not) paid for same and that they will be taken up and accounted for on my for
(Signature of person furnishing supplies.) Authority
Under Art. 52, Hague Convention October 18, 1907, respecting laws and customs of war on land. 32 Stats., Part 2, Page 1823.
Instructions to holder.
(Name of disbursing officer.)
(Address of disbursing officer.)
within 30 days of its date.
The holder will request a certificate of acknowledgment at the time of turning in this receipt, which is intended to safeguard his interests in case of loss of this receipt while in transit or during adjustment.
The holder is informed that this receipt will be examined and inquired into and that he may be required to present satisfactory evidence as to his title, etc., to the property taken before payment is made.
No påyment can be made under any circumstances whatever until this receipt has been turned in.
PENALTIES FOR VIOLATIONS OF THE LAWS OF WAR.
363. Violations by belligerent party.-H. Con. IV, Art. III. A belligerent party which violates the provisions of the said regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces."
1 See also Hague Con., IV, Art. I; H. R., Art. LVI, pår. 2; and Gen. Con., art. 28.
364. Penalties for States.-From the inherent nature of war as a last remedy of States, and from the nature of governments themselves, no penalties can be directed against the State itself, although certain practical measures are recognized in international law for securing the legitimate conduct of war by belligerents which will be considered under the following heads: (a) Public complaints; (b) punishment of individuals; (c) reprisals or retaliation; and (d) taking hostages.
365. Complaints.-(1) Complaints through the public, and especially foreign, press have force solely through the formation of adverse public opinion, which no nation at war can afford to disregard.
(2) Complaints sent through neutral States—the only channel of diplomatic intercourse—may result in mediation or good offices, or intervention." 1 Ariga, p. 253.
(3) Complaints sent direct by parlementaires made use of between commanders of belligerent forces produce results in the future avoidance of acts complained of or in the punishment of offenders for violations of the laws of war."
2 Ariga, p. 286.
(B) PUNISHMENT OF INDIVIDUALS.
366. Offenses committed by armed forces. The principal offenses of this class are: Making use of poisoned and otherwise forbidden arms and ammunition; killing of the wounded; refusal of quarter; treacherous request for quarter; maltreat