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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 3, CHAPTER 6On The Right of Acquiring Things Taken in WarI. What the law of nature is regarding the acquisition of things taken in warII. What the law of nations is; evidences are citedIII. When a thing capable of being moved may be held to have been captured, according to the law of nationsIV. When territory may be held to have been captured, according to the law of nationsV. Property which does not belong to the enemy is not acquired by warVI. What of goods found in ships of the enemy?VII. Things which our enemies have taken from others by war become ours according to the law of nations; this is attested by evidenceVIII. The opinion, which holds that things taken from the enema become the property of the individuals who capture them, is refutedIX. By the law of nature both possession and ownership may be acquired through another.
X. The distinction between hostile acts as public or privateXI. Territory is acquired for a people, or for him whose war it isXII. Movables, or things capable of motion, when captured by a private, act, become the property of the individuals who take themXIII. Movables, or things capable of motion, when captured by a private act, do not become the property of individuals if the municipal law determines otherwiseXIV. Things captured by a public act become the property of the people or of him whose war it isXV. Nevertheless in such things some right of decision is usually granted to commandersXVI. Commanders may turn booty over to the public treasuryXVII. Or commanders may divide the booty among the soldiers; in what way such a division may be madeXVIII. Or commanders may permit pillagingXIX. Or commanders may grant the spoil to othersXX. Or commanders, having divided the booty into portions, may employ now one method of distribution and now another; in what wayXXI. The committing of peculation in the distribution of bootyXXII. Some change may be made with respect to this common right of booty by a legal enactment or by another's act of willXXIII. Thus booty may be granted to alliesXXIV. Booty is often granted to subjects; with illustration by means of various examples on land and seaXXV. The application of what has been saidXXVI. Whether things which have been taken outside the territory of either belligerent may be acquired by the law of warXXVII. In what way the right of which we have spoken is peculiar to a public war |
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