Practice Relating to Rule 51. Public and Private Property in Occupied Territory
Section C. Private property in occupied territory
Spain’s LOAC Manual (2007) states:
Private movable and immovable property. Private property cannot be confiscated. … In exceptional cases, the following may be confiscated:
- railway equipment;
- telecommunications equipment;
- merchant ships;
- stocks of weapons and munitions.
Requisitions. Only the following items may be requisitioned:
- services of medical personnel;
- medical establishments, means of transport and supplies;
- food supplies.
Such items may only be requisitioned to the extent that they are required by the army and administrative personnel and when the needs of the civilian population are covered.
Any goods requisitioned must be paid for in cash. If this is not possible, a receipt should be given and the payment of the amount due made as soon as possible.
Requisitions in kind.
They can be demanded to meet the needs of the army of occupation and must be in proportion to the resources of the country. These requisitions in kind must not be such as to involve the inhabitants in supporting military operations.
Spain’s Military Criminal Code (1985) punishes any soldier who “requisitions unduly or unnecessarily buildings or movable objects in occupied territory”.