Requisitions
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
- property of a neutral State;
- ships that are unable owing to circumstances of force majeure to leave an enemy port or which are not allowed to leave;
- enemy merchant ships encountered on the high seas whilst still ignorant of the outbreak of hostilities;
- enemy cargo on board the vessels referred to a (b) and (c) above.
- There are also precise rules for the requisition of medical installations, material and transports.
OUTLINE
LEGAL SOURCE
HR, 52
GCI, 34/2 and 35/3 (see ICRC updated Commentary)
GCIV, 55/2 and 57
PI, 14 and 63/4