Law of War Handbook 2005

(Jacob Rumans) #1
(2)Seizure. The temporary taking of property, with or without the
authorization of the local commander.

(a) Rules for State Property. FM 27-10, paras. 402-405.

(i)     Real Property Not of a Direct Military Use may not be seized
(but occupant may administer such property) and must be
safeguarded (public buildings, real estate, forests).

(ii) Occupying power may seize all (state owned) cash, funds, and
movable property, which is capable of military use.

(b)Rules for Private Property.

(i)     Permitted if the property has a direct military use.

(ii)    A receipt must be given, so that restoration and compensation
can be made.

(3)Confiscation. Permanent taking. Differs from seizure, which is
temporary. FM 27-10, Paras. 396 & 406. Hague IV, Art.46, Para. 2.

(a) State Owned Property. State property seized or captured becomes
the property of the capturing nation (title passes).

(b)Private Property. Cannot be confiscated. In addition, threats,
intimidation, or pressure cannot be used to circumvent ths rule.

(4)Requisitions. The use of services and property, by the order of the
local commander, for the needs of the hostile or occupation army. FM
27-10, Paras. 412-417.

(i)     May only be ordered by local commander.

(ii) Must, to the greatest extent possible, be paid for in cash. If
cash is not available a receipt must be given, with payment
made as soon as possible.

(iii) Use of Force. Minimum amount required to secure needed
services or items.

g. Ensure food and medical supplies. GC, Art.55.


h. Permit ministers of religion to give spiritual assistance. GC, Art 58.

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