An imperative mandatory demand by a belligerent State for the temporary or permanent use of movable or immovable property or services, against payment of compensation. International humanitarian law recognizes a limited right of requisition, especially in occupied territory from local government bodies and individuals. Requisitions must 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. The right of requisition is also recognized as applying to

  1. property of a neutral State;
  2. ships that are unable owing to circumstances of force majeure to leave an enemy port or which are not allowed to leave;
  3. enemy merchant ships encountered on the high seas whilst still ignorant of the outbreak of hostilities;
  4. enemy cargo on board the vessels referred to a (b) and (c) above.
  5. There are also precise rules for the requisition of medical installations, material and transports.
See Seizure; Property;

OUTLINE

Chapter 8, IV. 7. d) limited admissibility of requisitions

LEGAL SOURCE

HR, 52 GCI, 34/2 and 35/3 (see ICRC updated Commentary) GCIV, 55/2 and 57 PI, 14 and 63/4

CASES

ICJ/Israel, Separation Wall/Security Fence in the Occupied Palestinian Territory (Part A., Para. 132 and Part B., Paras. 8 and 32) Israel, Ayub v. Minister of Defence

International Criminal Court, Trial Judgment in the Case of the Prosecutor V. Jean-Pierre Bemba Gombo