Annex B
THE HAGUE
CONVENTION,
Hague Convention IV (18 October 1907)
Convention Respecting the Laws and Customs of
War on Land
SECTION III
Military Authority over the Territory of the Hostile
State
Art 42. Territory is considered occupied
when it is actually placed under the authority of the hostile
army.
The occupation extends only to the territory
where such authority has been established and can be exercised.
Art 43. The authority of the legitimate
power having in fact passed into the hands of the occupant, the
latter shall take all the measures in his power to restore, and
ensure, as far as possible, public order and safety, while respecting,
unless absolutely prevented, the laws in force in the country.
Art 44. A belligerent is forbidden to force
the inhabitants of territory occupied by it to furnish information
about the army of the other belligerent, or about its means of
defence.
Art 45. It is forbidden to compel the inhabitants
of occupied territory to swear allegiance to the hostile Power.
Art 46. Family honour and rights, the lives
of persons, and private property, as well as religious convictions
and practice, must be respected.
Private property cannot be confiscated.
Art 47. Pillage is formally forbidden.
Art 48. If, in the territory occupied, the
occupant collects the taxes, dues, and tolls imposed for the benefit
of the State, he shall do so, as far as is possible, in accordance
with the rules of assessment and incidence in force, and shall
in consequence be bound to defray the expenses of the administration
of the occupied territory to the same extent as the legitimate
Government was so bound.
Art 49. If, in addition to the taxes mentioned
in the above article, the occupant levies other money contributions
in the occupied territory, this shall only be for the needs of
the army or of the administration of the territory in question.
Art 50. No general penalty, pecuniary or
otherwise, shall be inflicted upon the population on account of
the acts of individuals for which they cannot be regarded as jointly
and severally responsible.
Art 51. No contribution shall be collected
except under a written order, and on the responsibility of a commander-in-chief.
The collection of the said contribution shall only be effected
as far as possible in accordance with the rules of assessment
and incidence of the taxes in force.
For every contribution a receipt shall be given
to the contributors.
Art 52. Requisitions in kind and services
shall not be demanded from municipalities or inhabitants except
for the needs of the army of occupation. They shall be in proportion
to the resources of the country, and of such a nature as not to
involve the inhabitants in the obligation of taking part in military
operations against their own country.
Such requisitions and services shall only be
demanded on the authority of the commander in the locality occupied.
Contributions in kind shall as far as possible
be paid for in cash; if not, a receipt shall be given and the
payment of the amount due shall be made as soon as possible.
Art 53. 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.
All appliances, whether on land, at sea, or
in the air, adapted for the transmission of news, or for the transport
of persons or things, exclusive of cases governed by naval law,
depots of arms, and, generally, all kinds of munitions of war,
may be seized, even if they belong to private individuals, but
must be restored and compensation fixed when peace is made.
Art 54. Submarine cables connecting an occupied
territory with a neutral territory shall not be seized or destroyed
except in the case of absolute necessity. They must likewise be
restored and compensation fixed when peace is made.
Art 55. The occupying State shall be regarded
only as administrator and usufructuary of public buildings, real
estate, forests, and agricultural estates belonging to the hostile
State, and situated in the occupied country. It must safeguard
the capital of these properties, and administer them in accordance
with the rules of usufruct.
Art 56. 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 wilful 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.
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