The Law of Private Property in War With a Chapter On Conquest Being the Yorke
The Law of Private Property in War With a Chapter On Conquest Being the Yorke
Norman De Mattos Bentwich
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Holland, Laws of War on Land, p. 4. War and Private Property on Land. 29 Until tlie Hague laws were drawn up, the soldiery preserved the right to take as booty any property which they could capture from the combatant enemy, and the State used to divide the proceeds of such captured goods equally among the army. Now, however, they are prohibited from doing this, ^ so that they may have no taint of fighting for private gain ; and all the personal belongings of prisoners of war, except horses and ...military papers, remain their property. - Further protec- tions for private property are provided in the general prohibitions " to destroy or seize the enemy's property unless its destruction and seizure be imperatively demanded by the necessities of war; and to attack or bombard towns, villages, habitations, or build- ings which are not defended. "- This article, of course, does not prejudice the right of the belligerent to destroy buildings for military reasons ; and no right to compensation from his own State can be set up in this case by the private owner, as was pointed out by Sir Edward Thornton, the arbitrator iu a Commission established by the United States and Mexico in 1868 to settle differences arising out of the war between them.
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