Practice Relating to Rule 51. Public and Private Property in Occupied Territory
In its judgment in the Religious Organisation Hokekyoji case
in 1956, a Japanese District Court emphasized that occupying armed forces must observe the 1907 Hague Regulations, notably the fact that, in accordance with Article 46, “private property cannot be confiscated”.
In its judgment in the Takada case
in 1959, a Japanese District Court stated: “There is no doubt that the principle of the respect for private property is an established custom of international law.”
In its judgment in the Suikosha case
in 1966, a Japanese District Court considered that the prohibition of confiscation of private property as contained in Article 46 of the 1907 Hague Regulations was part of customary international law.