Practice Relating to Rule 51. Public and Private Property in Occupied Territory
Section C. Private property in occupied territory
With regard to occupied territory, Argentina’s Law of War Manual (1969) provides:
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 also be confiscated, even if they belong to private individuals, but they must be restored and compensation fixed when peace is made.
Private property cannot be confiscated.
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 …
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.
Argentina’s Law on National Defence (1966) and Decree on the Law on National Defence (1967) permit requisitions in times of emergency or extreme gravity. An indemnity must be paid.
Under Argentina’s Constitution (1994), no armed or security forces may make requisitions or require assistance of any kind.