[Footnote 285: The case of enemy merchantmen seized in a belligerent's territorial waters is, of course, an exception.]
Vattel, III. § 165--Hall, § 140-140*--Lawrence, § 180--Westlake, II. pp. 96-102--Maine, p. 200--Twiss, II. § 64--Halleck, II. pp. 68-69--Taylor, §§ 538-539--Moore, VII. § 1146--Bluntschli, §§ 653-655--Heffter, § 131--Lueder in Holtzendorff, IV. pp. 500-510--Ullmann, § 183--Bonfils, Nos. 1207-1226--Despagnet, Nos. 587-590--Pradier-Fodéré, VII. Nos. 3048-3064--Rivier, II. pp. 323-327--Nys, III. pp. 368-432--Calvo, IV. §§ 2231-2284--Fiore, III. Nos. 1394, 1473-1476--Martens, II. § 120--Longuet, §§ 110-114--Mérignhac, pp. 272-298--Pillet, pp. 215-235--Zorn, pp. 283-315--_Kriegsbrauch_, pp. 61-63--Holland, _War_, Nos. 111-112--Bordwell, pp. 314-324--Meurer, II. §§ 56-60--Spaight, pp. 381-408--Ariga, §§ 116-122--_Land Warfare_, §§ 416-425--Thomas, _Des réquisitions militaires_ (1884)--Keller, _Requisition und Kontribution_ (1898)--Pont, _Les réquisitions militaires du temps de guerre_ (1905)--Albrecht, _Requisitionen von neutralem Privateigentum, etc._ (1912), pp. 1-24:--Risley in the _Journal of the Society of Comparative Legislation_, new series, vol. II. (1900), pp. 214-223.
§ 146. Requisitions and contributions in war are the outcome of the eternal principle that war must support war.[286] This means that every belligerent may make his enemy pay as far as possible for the continuation of the war. But this principle, though it is as old as war and will only die with war itself, has not the same effect in modern times on the actions of belligerents as it formerly had. For thousands of years belligerents used to appropriate all private and public enemy property they could obtain, and, when modern International Law grew up, this practice found legal sanction. But after the end of the seventeenth century this practice grew milder under the influence of the experience that the provisioning of armies in enemy territory became more or less impossible when the inhabitants were treated according to the old principle. Although belligerents retained in strict law the right to appropriate all private besides all public property, it became usual to abstain from enforcing such right, and in lieu thereof to impose contributions of cash and requisitions in kind upon the inhabitants of the invaded country.[287] And when this usage developed, no belligerent ever thought of paying in cash for requisitions, or giving a receipt for them. But in the nineteenth century another practice became usual. Commanders then often gave a receipt for contributions and requisitions, in order to avoid abuse and to prevent further demands for fresh contributions and requisitions by succeeding commanders without knowledge of the former impositions. And there are instances of cases during the nineteenth century on record in which belligerents actually paid in cash for all requisitions they made. The usual practice at the end of the nineteenth century was that commanders always gave a receipt for contributions, and that they either paid in cash for requisitions or acknowledged them by receipt, so that the respective inhabitants could be indemnified by their own Government after conclusion of peace. However, no restriction whatever was imposed upon commanders with regard to the amount of contributions and requisitions, and with regard to the proportion between the resources of a country and the burden imposed. The Hague Regulations have now settled the matter of contributions and requisitions in a progressive way by enacting rules which put the whole matter on a new basis. That war must support war remains a principle under these regulations also. But they are widely influenced by the demand that the enemy State as such, and not the private enemy individuals, should be made to support the war, and that only so far as the necessities of war demand it should contributions and requisitions be imposed. Although certain public moveable property and the produce of public immoveables may be appropriated as heretofore, requisitions must be paid for in cash or, if this is impossible, acknowledged by receipt.
