القاعدة ذات الصلة
Italy
Practice Relating to Rule 51. Public and Private Property in Occupied Territory
Section C. Private property in occupied territory
Italy’s IHL Manual (1991) states, with respect to occupied territory:
Private property is respected and not subject to confiscation. The inhabitants of the occupied territory keep their property rights and the possession of their goods, with all the rights inherent thereto.
However, the occupying military authority may seize all kinds of arms and ammunitions, as well as all means of communication and transportation, including ships and aircraft, belonging to private persons, which may be used for war operations, provided that they be restored or compensated when peace is made.
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The powers exercised by an occupying State, through the military Authority, in an occupied territory are the following:
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(11) requisition private property in accordance with appropriate procedure and in proportion to the resources of the country.
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, §§ 43 and 49(11); see also § 49(9).
Italy’s Law of War Decree (1938) states, with respect to occupied territory:
Private property is not subject to confiscation.
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The occupying military authority may seize all kinds of arms and ammunitions, as well as all means of communication and transportation, including ships and aircraft, belonging to private persons, which may be used for war operations, provided that they be restored or compensated when peace is made.
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Requisitions in kind and services may be demanded from the local authorities and population only to satisfy the needs of the occupying forces.
They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country.
The contributions in kind shall, as far as possible, be paid for in ready money; if not, the requisitions shall be acknowledged through the giving of a receipt and payment of the amount due must be made as soon as possible.
Requisitions cannot be demanded without the authority of the local commander of the occupying force.
Italy, Law of War Decree, 1938, Articles 58, 60 and 62.
Regarding property in enemy territory, the Decree states: “Property belonging to an enemy national may be requisitioned against indemnity.”
Italy, Law of War Decree, 1938, Article 294.
Italy’s Wartime Military Penal Code (1941) punishes any soldier who in enemy territory, and without authorization or necessity, imposes excessive requisitions or war contributions.
Italy, Wartime Military Penal Code, 1941, Article 224.
