Chapter LXXIII: Section III

On Military Authority over Hostile Territory.

ARTICLE XLII.
Territory is considered occupied when it is actually placed
under the authority of the hostile army. The occupation
applies only to the territory where such authority is
established, and in a position to assert itself.

ARTICLE XLIII.
The authority of the legitimate power having actually passed
into the hands of the occupant, the latter shall take all
steps in his power to re-establish and insure, as far as
possible, public order and safety, while respecting, unless
absolutely prevented, the laws in force in the country.

ARTICLE XLIV.
Any compulsion of the population of occupied territory to take
part in military operations against its own country is
prohibited.

ARTICLE XLV.
Any pressure on the population of occupied territory to take
the oath to the hostile Power is prohibited.

ARTICLE XLVI.
Family honours and rights, individual lives and private
property, as well as religious convictions and liberty, must
be respected. Private property cannot be confiscated.

ARTICLE XLVII.
Pillage is formally prohibited.

ARTICLE XLVIII.
If, in the territory occupied, the occupant collects the
taxes, dues, and tolls imposed for the benefit of the State,
he shall do it, as far as possible, in accordance with the
rules in existence and the assessment in force, and will in
consequence be bound to defray the expenses of the
administration of the occupied territory on the same scale as
that by which the legitimate Government was bound.

ARTICLE XLIX.
If, besides the taxes mentioned in the preceding Article, the
occupant levies other money taxes in the occupied territory,
this can only be for military necessities or the
administration of such territory.

ARTICLE L.
No general penalty, pecuniary or otherwise, can be inflicted
on the population on account of the acts of individuals for
which it cannot be regarded as collectively responsible.

ARTICLE LI.
No tax shall be collected except under a written order and on
the responsibility of a Commander-in-chief. This collection
shall only take place, as far as possible, in accordance with
the rules in existence and the assessment of taxes in force.
For every payment a receipt shall be given to the taxpayer.

ARTICLE LII.
Neither requisitions in kind nor services can be demanded from
communes or inhabitants except for the necessities of the army
of occupation. They must be in proportion to the resources of the
country, and of such a nature as not to involve the population
in the obligation of taking part in military operations
against their country. These requisitions and services shall
only be demanded on the authority of the Commander in the
locality occupied. The contributions in kind shall, as far as
possible, be paid for in ready money; if not, their receipt
shall be acknowledged.

ARTICLE LIII.
An army of occupation can only take possession of the cash,
funds, and property liable to requisition belonging strictly
to the State, depots of arms, means of transport, stores and
supplies, and, generally, all movable property of the State
which may be used for military operations. Railway plant, land
telegraphs, telephones, steamers, and other ships, apart from
cases governed by maritime law, as well as depots of arms and,
generally, all kinds of war material, even though belonging to
Companies or to private persons, are likewise material which
may serve for military operations, but they must be restored
at the conclusion of peace, and indemnities paid for them.

ARTICLE LIV.
The plant of railways coming from neutral States, whether the
property of those States, or of Companies, or of private
persons, shall be sent back to them as soon as possible.

ARTICLE LV.
The occupying State shall only be regarded as administrator
and usufructuary of the public buildings, real property,
forests, and agricultural works belonging to the hostile
State, and situated in the occupied country. It must protect
the capital of these properties, and administer it according
to the rules of usufruct.

ARTICLE LVI.
The property of the communes, that of religious, charitable,
and educational institutions, and those of arts and science,
even when State property, shall be treated as private
property. All seizure of, and destruction, or intentional
damage done to such institutions, to historical monuments,
works of art or science, is prohibited, and should be made the
subject of proceedings.