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[requisi
] tions in kind only for the needs of the army
of occupation and 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 (Article 52). Article 53 provides in part An army of
occupation can only take possession of cash, funds, and realizable securities
which are strictly the property of the State, depots of arms, means of
transport, stores and supplies, and, generally, all movable property belonging
to the State which may be used for military operations. Article 55 reads:
The occupying State shall be regarded only as administrator and
usufructuary of public buildings, real estate, forests, and agricultural
estates belonging to the hostile State, and situated in the occupied country.
It must safeguard the capital of these properties, and administer them in
accordance with the rules of usufruct.
In its judgment, the
International Military Tribunal made the following comment:¹ |
| |
These articles * * * make
it clear that under the rules of war, the economy of an occupied country can
only be required to bear the expense of the occupation, and these should not be
greater than the economy of the country can reasonably be expected to
bear. |
| We quote further from the IMT judgment :² |
| |
The evidence in this case
has established, however, that the territories occupied by Germany were
exploited for the German war effort in the most ruthless way, without
consideration of the local economy, and in consequence of a deliberate design
and policy. There was in truth a systematic plunder of public or private
property, which was criminal under Article 6 (b) of the Charter.
|
| * * * * * |
| |
| The methods employed to exploit the resources of the occupied
territories to the full varied from country to country. In some of the occupied
countries in the East and West, this exploitation was carried out within the
framework of the existing economic structure. The local industries were put
under German supervision, and the distribution of war materials was rigidly
controlled. The industries thought to be of value to the German war effort were
compelled to continue, and most of the rest were |
__________ ¹ Trial of the Major War Criminals,
op. cit supra, volume 1, page 239. ¹ Ibid., p. 239.
1339 |