Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1914-12-27
Th. law Of Militarv oooupation.

what are the rights Of the Belgians, OF for
that matter OF the Germans in silesia and the
Poles in Galicia, while the country where they
live happens TO be in control OF hostile armyf
Does the possessor by force OF arms become
for the time being the sovereign ruler OF the
territory held in his power, or ere there limita-
tions TO the authority which may be rightfully
exercised by an army Of military occupation
through its commander OF provisional GOVERNOR
These are questions which are propounding
themselves 20 thoughtful people. Partial, II
not wholly satisfactory answers happen to be at
hand in a discussion OF THE Hague Conven-
lions" contributed by Prof. John Bassett Moore
to the Columbia University Quarterly, the
writer being recognized as our foremost author
ity on international law and himself one Of
those who represented our country at The
Hague congress, which considered all these mo-
mentous subjects.
Prof Moore explains that the fourth Of
The Hague conventions relating to "the laws
and customs OF war on land" deals also with
military occupation" and continues:
The term, military occupation" IL ased in respect
OF territory held by the enemy in such
manner that he actually exercise authority over
IT, The actual governing power having thus passed
into his hands. II IL his right and his duty TO take
all possible measures to maintain public order and
safety but the temporary character OF his rule Is
ognlzed In the provision that must unless abso-
lute1y prevented" respect the force in the
country" The inhabitants of the occupied territory
him obedience but he IL forbidden to force
them TO furnish military information swear
allegiance to him. He is commanded 70 respect
family honor and rights. the lives OF individuals
and their property. and their religious convictions
and practice Confiscation OF private property Is pro-
hbited; pilage Is formally forbidden" II the milf
tary occupant collects the taxes he r. TO follow.
far possible the rules which he finds in existence
and obliged to deray the OF the ordinary
Administration Of the territory ITO the same extent
as the legitimate government bound TO do. Con-
tributons IN money in addition TO the regular taxes.
may be levied only for the needs Of the army or Of
the administration OF the territory and II is forbidden
infct any general penalty pecuniary otherwise,
upon the population for acts OF individuals for which
Il be regarded cas- jointly and severelly re-
sponsble" acquisitions IN kind and service may be
demanded from municipalities or individuals only for
the needs OF the army Of occupations and then to
be lin proportion to tho resources Of the country,
and OF such nature not 20 involve the Inhabitants
In military operations against their country. Con-
trbutions in kind are to be paid for in cash. and II
this is not DONE receipts to be given, and pay
ments are TO be made soon possible. Public
funds ana generally all movable property OF the state
useful for military operations may be taken by the
military occupant; and, subject TO restoration OF
compensation when peace returns also articles
and appliances useful belonging TO private in
dviduals Submarine cables connecting the occupied
territory with neutral territory may De seized or de-
Etroyed only IN OF absolute necessity, ana,
when peace made they must be restored with com
farms belonging TO the state the military occupant
is regarded as only administrator and usufructuary
and he must for them accordingly Finally, all
property OF municipalities OF institutions dedicated
10 religion charity and education the arts and SCH
ences even when state-owned, Is to be treated as
private property" and any damage done to It or to
historic monuments works OF art and science, 70
not only forbidden but is declared TO be the supect
OF legal proceedings.
The convention relating to the laws and Gus
toms of war on land, are reminded, was
signed by all the powers except China and Spain,
although some OF the smaller nations, including
servia, have neglected to ratify II, while Ger
many, Austria Hungary, Japan and Russia made
their Publications subject to reservations, Sc
while Il is clear that these stipulations embody
the rules which all the powers agree should
govern under such conditions. the point remains
open as to how they are to be regarded rs To-
gally or morally binding upon combatants in
the present war. Here comes into play the ex-
press declaration OF the compact-''The pro-
visions OF the present convention do not apply
except between contracting parties and then
only II all the belligerents arei parties to the
convention"--and since servia, one Of the bel
ligerents in the pending European war, has not
ratified the conclusion is unacceptable, as Prof
Moore emphasizes, that the rules here laid down
are to be regarded as binding only SO far as they
are declaratofy OF existing international law.