Legal Definitions - jus angariae

Jus angariae refers to a principle in international law that allows a belligerent nation (a country engaged in war) to seize or destroy neutral property, such as ships, vehicles, or other vital resources, located within its own territory, territory it occupies, or even on the high seas, if such action is deemed a military necessity. This right is typically exercised under the condition that fair compensation will be paid to the neutral owner for the property taken or destroyed.

Here are some examples illustrating the application of jus angariae:

• Seizure of Neutral Merchant Ships: Imagine Country A is at war with Country B. Several large cargo ships, owned by a shipping company from neutral Country C, are docked in Country A's port, awaiting their next commercial voyage. Country A's military faces an urgent need to transport a significant number of troops and heavy equipment across a strategic sea lane to reinforce a critical front. Invoking jus angariae, Country A could seize these neutral ships, converting them into military transports for the duration of the emergency. Country A would then be legally obligated to provide fair compensation to Country C's shipping company for the use of their vessels, and for any damage or loss incurred.

• Destruction of Neutral Infrastructure: Consider a scenario where Country X occupies a region of Country Y during an armed conflict. A vital railway bridge in this occupied territory, which was built and is owned by an international consortium from neutral Country Z, is being used by Country Y's retreating forces to move troops and supplies. To prevent the enemy from consolidating their position and launching a counter-attack, Country X decides it is a military necessity to destroy the bridge. Under jus angariae, Country X could justify this destruction, even though the bridge is neutral property, but would owe compensation to the international consortium for the value of the destroyed infrastructure.

• Requisition of Neutral Supplies: During a severe wartime shortage, Country P, a belligerent nation, discovers a large warehouse of specialized medical equipment within its borders. These supplies are owned by a non-governmental organization (NGO) from neutral Country Q and were intended for distribution to civilians in a conflict zone. If Country P's military faces an immediate and critical medical emergency for its combat forces, it might invoke jus angariae to requisition these supplies. While the equipment belongs to a neutral entity, the military necessity could justify the seizure, with Country P obligated to compensate Country Q for the value of the supplies taken.