Lieber Code

main points:
Part 2 - treaty of peace
Part 31 - all titles are seized and placed in a state of abeyance
(suspension)
Part 38 - "usufruct clause"
points of interest:
Article 44 and 46: Limitations of the "powers" and "authority" of the
occupying forces
---------------------------SEE Article 55 - international implementation of Article 38 of Lieber
Code
Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public
buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated
in the occupied country. It must safeguard the capital of these properties, and administer them in
accordance with the rules of usufruct.

Definitions
usufruct
The right of enjoying a thing, the property of which is vested in
another, and to draw from the same all the profit, utility and
advantage which it may produce, provided it be without altering the
substance of the thing.
usufructuary
One who has the right and enjoyment of an usufruct.
The duties of the usufructuary are,
1. To make an inventory of the things subject to the usufruct, in the
presence of those having an interest in them.(The certificate of live
birth / birth certificate)
2. To give security for their restitution; when the usufruct shall be at
an end. (Promise to pay: contract under seal = state as usufrucut)
3. To take good care of the things subject to the usufruct.
4. To pay all taxes, and claims which arise while the thing is in his
possession, as a ground-rent.
5. To keep the thing in repair at his own expense.
-----------------------------------------------------------------------------------------------------Convention (IV) respecting the Laws and Customs of War on Land and its annex:
Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October
1907.

State parties (37) - State signatories (15)

One of the purposes for which the First Hague Peace Conference of 1899 was convened was
"the revision of the declaration concerning the laws and customs of war elaborated in 1874 by the
Conference of Brussels, and not yet ratified" (Russian circular note of 30 December 1898). The
Conference of 1899 succeeded in adopting a Convention on land warfare to which Regulations
are annexed. The Convention and the Regulations were revised at the Second International
Peace Conference in 1907. The two versions of the Convention and the Regulations differ only
slightly from each other.
Seventeen of the States which ratified the 1899 Convention did not ratify the 1907 version
(Argentina, Bulgaria, Chile, Columbia, Ecuador, Greece, Italy, Korea, Montenegro, Paraguay,
Persia, Peru, Serbia, Spain, Turkey, Uruguay, Venezuela). These States or their successor
States remain formally bound by the 1899 Convention in their relations with the other parties
thereto. As between the parties to the 1907 Convention, this Convention has replaced the 1899
Convention (see Article 4 of the 1907 Convention).
The provisions of the two Conventions on land warfare, like most of the substantive provisions of
the Hague Conventions of 1899 and 1907, are considered as embodying rules of customary
international law. As such they are also binding on States which are not formally parties to them.
In 1946 the Nremberg International Military Tribunal stated with regard to the Hague Convention
on land warfare of 1907: "The rules of land warfare expressed in the Convention undoubtedly
represented an advance over existing International Law at the time of their adoption ... but by
1939 these rules ... were recognized by all civilized nations and were regarded as being
declaratory of the laws and customs of war" (reprinted in AJIL, Vol. 41, 1947, pp. 248-249). The
International Military Tribunal for the Far East expressed, in 1948, an identical view.
The rules embodied in the Regulations were partly reaffirmed and developed by the two Protocols
Additional to the Geneva Conventions of 1949 adopted in 1977.
D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp.69-93.

Preamble
Art. 1
Art. 2
Art. 3
Art. 4
Art. 5
Art. 6
Art. 7
Art. 8
Art. 9
Regulations: Art. 1
Regulations: Art. 2
Regulations: Art. 3
Regulations: Art. 4

Regulations: Art. 5
Regulations: Art. 6
Regulations: Art. 7
Regulations: Art. 8
Regulations: Art. 9
Regulations: Art. 10
Regulations: Art. 11
Regulations: Art. 12
Regulations: Art. 13
Regulations: Art. 14
Regulations: Art. 15
Regulations: Art. 16
Regulations: Art. 17
Regulations: Art. 18
Regulations: Art. 19
Regulations: Art. 20
Regulations: Art. 21
Regulations: Art. 22
Regulations: Art. 23
Regulations: Art. 24
Regulations: Art. 25
Regulations: Art. 26
Regulations: Art. 27
Regulations: Art. 28
Regulations: Art. 29
Regulations: Art. 30
Regulations: Art. 31
Regulations: Art. 32
Regulations: Art. 33
Regulations: Art. 34
Regulations: Art. 35
Regulations: Art. 36
Regulations: Art. 37
Regulations: Art. 38
Regulations: Art. 39
Regulations: Art. 40
Regulations: Art. 41
Regulations: Art. 42

Regulations: Art. 43
Regulations: Art. 44
Regulations: Art. 45
Regulations: Art. 46
Regulations: Art. 47
Regulations: Art. 48
Regulations: Art. 49
Regulations: Art. 50
Regulations: Art. 51
Regulations: Art. 52
Regulations: Art. 53
Regulations: Art. 54
Regulations: Art. 55
Regulations: Art. 56