them to those interested. Through this article 14 it becomes apparent that nowadays private enemy property, except arms and the like, is no longer booty, although individual soldiers often take as much spoil as they can get. It is impossible for the commanders to bring the offender to justice in every case.1 Enemy into a gerent's § 145. Different from the case of private property Private found by a belligerent on enemy territory is the case Property of such property brought during time of war into brought the territory of a belligerent. That private enemy Belliproperty on a belligerent's territory at the time of out- Territory. break of war cannot be confiscated has already been stated above in § 102. Taking this fact into consideration, as well as the other fact that private property found on enemy territory is nowadays likewise as a rule exempt from confiscation, there can be no doubt that private enemy property brought into a belligerent's territory during time of war can regularly not be confiscated.2 On the other hand, a belligerent can prohibit the withdrawal of those articles of property which may be made use of by the enemy for military purposes, such as arms, ammunition, provisions, and the like. And in analogy with article 53 of the Hague Regulations there can be no doubt that a belligerent can seize such articles and make use of them for military purposes, provided that he restores them at the conclusion of peace and pays indemnities for them. It is of interest to state the fact that, during the RussoJapanese War, Japan carried out to the letter the stipulation of article 14 of the Hague Regulations. Through the intermediary of the French Embassies in Tokio and St. Petersburg, all valuables VOL. II. found on the Russian dead and 2 The case of enemy merchant- L War must support War. VII REQUISITIONS AND CONTRIBUTIONS Vattel, III. § 165-Hall, § 140-140*-Lawrence, § 204-Maine, p. 200 -Twiss, II. § 64-Halleck, II. pp. 68-69-Taylor, $$ 538-539Bluntschli, §§ 653-655-Heffter, § 131-Lueder in Holtzendorff, IV. pp. 500-510-Ullmann, § 155-Bonfils, Nos. 1207-1226-PradierFodéré, VII. Nos. 3048-3064-Rivier, II. pp. 323–327—Calvo, IV. SS 2231-2284-Fiore, III. Nos. 1394, 1473-1476-Martens, II. § 120 -Longuet, §§ 110-114-Mérignhac, pp. 272-298-Pillet, pp. 215235-Kriegsgebrauch, pp. 61-63-Holland, War, Nos. 75-77Thomas," Des réquisitions militaires" (1884)-Keller, " Requisition und Kontribution" (1898)—Pont, "Les réquisitions militaires du temps de guerre" (1905)—Risley in the "Journal of the Society of Comparative Legislation," new series, vol. II. (1900), pp. 214-223. § 146. Requisitions and contributions in war are the outcome of the eternal principle that war must support war. This principle means that every belligerent can make his enemy pay as far as possible for the continuation of the war. But this principle, though it is as old as war and will only die with war itself, has not the same effect in modern times on the actions of belligerents as it formerly had. For thousands of years belligerents used to appropriate all enemy private and public property they could get hold of, and, when the modern International Law grew up, this practice found legal sanction. But since the end of the seventeenth century this practice grew milder under the influence of the experience that the provisioning of armies in enemy territory became more or less impossible when the inhabitants were treated according to the old practice. Although belligerents retained in strict law the right to appropriate all private with all public property, it became usual to abstain from enforcing such right, and in lieu thereof to impose contributions of cash and requisitions in kind upon the inhabitants of the invaded country.' And when this usage developed, no belligerent ever thought of paying in cash for requisitions, or giving a receipt for them. But in the nineteenth century another practice became usual. Commanders then often gave a receipt for contributions and requisitions, in order to avoid abuse and to prevent further demands by succeeding commanders for fresh contributions and requisitions without knowledge of the former impositions. And there are instances of the nineteenth century on record when belligerents paid actually in cash for all requisitions they made. The usual practice at the end of the nineteenth century was that commanders always gave a receipt for contributions, and that they either paid in cash for requisitions or acknowledged them by receipt, so that the respective inhabitants could be indemnified by their own Government after conclusion of peace. However, no restriction whatever was imposed upon commanders with regard to the amount of contributions and requisitions, and with regard to the proportion between the resources of a country and the burden imposed. The Hague Regulations have now settled the matter of contributions and requisitions in a progressive way by enacting rules which put the whole matter on a new basis. That war must support war remains a principle under these regulations also. But they are widely influenced by the demand that the enemy State as such, and not the private enemy individuals, should be made to support the war, and that only as far as the necessities of war demand it contributions and 1 An excellent sketch of the historical development of the practice of requisitions and con tributions is given by Keller, Requisition und Kontribution (1898) pp. 5-26. Requisi tions in Quarter ing. requisitions should be imposed. Although certain public moveable property and the produce of public immoveables may be appropriated as heretofore, requisitions must be paid for in cash or, if this is impossible, acknowledged by receipt. § 147. Requisition is the name for the demand of Kind and the supply of all kinds of articles necessary for an army either as provisions for men and horses or as clothing or as means of transport. Requisition of certain services can also be made, but they will be treated below in § 170 together with occupation, requisitions in kind only being within the scope of this section. Now, what articles can be demanded by an army cannot once for all be laid down, as they depend upon the actual need of an army. According to article 52 of the Hague Regulations, requisitions can be made from municipalities as well as from inhabitants, but they may be made as far only as they are really necessary for the army. They cannot be made by individual soldiers or officers, but only by the commander in the locality. All requisitions must be paid for in cash, and if this is impossible, they must be acknowledged by receipt, so that the municipalities or inhabitants can be indemnified later on by their Government. Apart from others, it becomes by this rule of the Hague Regulations again apparent and beyond all doubt that henceforth private enemy property is as a rule exempt from appropriation by an invading army. A special kind of requisition is the quartering1 of soldiers in the houses of private inhabitants of enemy territory, by which each inhabitant is required to supply lodging and food for a certain number of soldiers, and sometimes also stabling and forage for horses. 1 See above § 143. Although the Hague Regulations do not specially mention quartering, article 52 is nevertheless to be applied to it, since quartering is nothing else than a special kind of requisition. If cash is not paid for quartering, every inhabitant concerned must get a receipt for it, stating the number of soldiers quartered and the number of days they were catered for. It must be specially observed that, according to article 5 of the Geneva Convention, such inhabitants as entertain wounded soldiers in their houses shall be exempted 1 from the quartering of troops. 1 2 tions. § 148. Contribution is a payment in ready money Contribu demanded either from municipalities or from inhabitants, whether enemy subjects or foreign residents. Whereas formerly no general rules concerning contributions existed, articles 49 and 51 of the Hague Regulations enact now that contributions cannot be demanded extortionately, but exclusively for the needs of the army or for the administration of the locality in question. They can be imposed by a written order of a commander-in-chief only, in contradistinction to requisitions which can be imposed by a mere commander in a locality. They cannot be imposed indiscriminately on the inhabitants, but must as far as possible be assessed upon such inhabitants in compliance with the rules in force of the respective enemy Government regarding the assessment of taxes. And, finally, for every individual contribution a receipt must be given. It is apparent that these rules of the Hague Regulations try to exclude all arbitrariness and despotism on the part of an invading enemy with regard to con 1 See above, § 122. 2 As regards contributions as a penalty, see article 50 of the Hague Regulations. See also |