The meaning of the term indemnity. Large legal dictionary

Contribution is a word that has its roots in Latin language. It is translated as “collection” or “payments” that are imposed by the victorious state on the defeated side. International law prohibits such extortions. But the payment of indemnity occurs even now under the guise of other various penalties.

How did the indemnity come about?

Since ancient times, there has been a tradition that the winner takes his property from the vanquished. Thus, knights participating in tournaments did not miss the opportunity to appropriate armor, money or the horse of a slain opponent. It was legal, not disputed or condemned.

Historians claim that Alexander Suvorov, after the capture of Izmail, allowed his soldiers to rob whatever they wanted for three days. The same thing happened with the city of Ochakov, captured by Potemkin. And history knows a huge number of similar facts during the existence of mankind.

Conquered cities, villages or communities could independently “voluntarily” pay tribute in order to save themselves from defeat and ruin.

Of course, the roots of this phenomenon go deep into antiquity. Then the tribes fought, taking food, skins, jewelry and other valuables of that time from their rivals.

In 1917, the “Decree on Peace” appeared, which called for the abandonment of indemnities.

Napoleon and indemnity

Contribution is an enrichment opportunity for generals and commanders during war. After the liberation of Italy from Austrian oppression, gold, paintings, and livestock were exported from the country in huge quantities. Bonaparte thus helped his generals become millionaires. A huge amount of these riches now serve as valuable exhibits in French museums. At the same time, Italy does not claim the return of illegally exported wealth from 1796 to 1812. It is surprising that previously erected monuments to Napoleon still stand in the country. Squares and streets are named in his honor.

Contribution to Germany

The First and Second World Wars took a toll on Germany complete collapse. Countries included in military-political bloc The Entente literally completely plundered the defeated country. It was the greatest robbery in the entire history of mankind.

Germany paid for the crimes committed with coal, steel, food, military and merchant fleet. Everything that was possible was confiscated and exported from the country. The Treaty of Versailles determined that Germany's indemnity would amount to 269 billion gold marks. IN in this case this reckoning is very similar to reparations. It is this form of reparation that involves payment to the victorious country by the defeated country if it initiated hostilities and is found to be the guilty party. Contribution is a direct violation of the law.

Contribution in the modern world

IN modern world indemnity is a phenomenon that is considered unacceptable. A ban has been introduced on such extortions. The victors not only wanted to reimburse the expenses incurred in connection with military operations, they wanted to cover absolutely all their expenses. Modern law says that if the occupiers want anything from the property of civilians, they must offer payment or some kind of reward. Despite this, indemnity continues to exist in the modern world. It looks like penalties allowed by modern international law. This is allowed in the following forms:

a) in return for taxes that the population paid in Peaceful time to your government;

b) in return for requisition, or supplying the troops with necessary items in kind;

c) in the form of a fine for the crime committed (instead of criminal punishment).

There is such a type of substantive liability as restitution. In this case, the aggressor state undertakes to fully restore intangible and tangible assets. This payment does not imply any benefit. This is used very rarely, since it is often impossible to restore property. Most often, restitution was used as one of the methods of compensation within the framework of a reparation agreement. They are reflected in the Versailles Peace Treaty, the Paris Peace Treaty, the Treaty with Bulgaria and in other documents.

And another form of responsibility is restoration, which provides for the complete restoration by the violating country of the status of the captured or occupied territory, which was established before it committed illegal actions.

General and different aspects of indemnity and reparation

Overall, both of these phenomena have more similarities than differences. In both cases, one state takes material assets from another in various forms: money or material goods. It's a tribute of sorts. Collections are made by the winning country, which also combines these payments.

The difference between indemnity and reparations is the fact that in case of victory, the country that was attacked receives compensation for the damage caused. It no longer looks like extortion, tribute or plunder. Reparation is possible only if the victim of aggression wins. That is, it occurs after the end of the war, and indemnity can occur during and after it.

Reparations could be in the form of a complete ban on using their material resources the offending state. Such measures are called “emergency”.

The largest number of payments occurred, of course, after the First and Second World Wars.

The United States is an exception. They were the ones who had to pay compensation to Japan, despite their victory.

Contribution is a direct violation of the law.

Countries that paid reparations

Germany leads the list of countries that were required to pay compensation. Great Britain, Greece, the USA, France, Israel, Yugoslavia, the USSR and other countries made claims against it.

Japan lost 42% of its national wealth due to reparations.

Italy, as an ally of Germany, carried out compensation for Yugoslavia, Greece, the USSR, Ethiopia and Albania.

Finland completely repaid its debts in 1952, which is a unique case. Although she later stated that the indemnity to Russia, which was fully paid, should be returned.

Hungary paid $300 million to the USSR and Yugoslavia. Romania had to pay the same amount.

Bulgaria had to compensate $70 million to Greece and Yugoslavia.

), at the end of the war - by the government of the defeated country. 1) The emergence of indemnities levied during the war dates back to the time when the enemy, at his discretion, disposed of the life and property of the weakest enemy. Cities and communities occupied by the enemy army could get rid of the ruin that threatened them by paying a voluntarily known tribute (“indemnity”), with which they bought the right of production that belonged to the enemy. Traces of this origin of the indemnity are still preserved in the name Brandschatzung. Contributions were included in the previous military practice, characterized by extreme severity and unbridledness, a relatively humane element, and therefore found support and justification among writers of the 17th and 18th centuries. (Vatel, G.F. Martens, Kluber). With final establishment in international law the beginning of immunity civilians and them private property, V land war the legal basis on which the collection of taxes rested has disappeared. Currently, gratuitous exactions in war are certainly prohibited; the urgent needs of an army stationed on foreign territory are satisfied not by the seizure of the property of civilians, but by its purchase or forced expropriation, which always involves remuneration (see Requisitions). Nevertheless, K. continue to exist to this day, having changed only, in accordance with the new requirements of international law, their legal title. They are now levied not independently, in their original form (“pure bills”), but under different pretexts, in the form of a certain monetary amounts in lieu of other penalties permitted by law. Modern international law allows the collection of taxes: a) in return for taxes paid by the population in peacetime to their government, b) instead of requisitions, or the delivery of items necessary for the army in kind, and c) in the form of a fine replacing other criminal penalties (especially in those cases when the criminal is not open or has escaped). Collection must be carried out only by order of the commander-in-chief, through the mediation of local communal authorities; upon receipt of K., a receipt must be issued each time (these rules are formulated in the Brussels Declaration and in the manual of the Institute of International Law). How widely the occupier sometimes uses the right to replace various penalties against K. can be seen in the example Franco-Prussian War 1870-71, when the Prussians completely restored the old system of capital (for the bridge destroyed at Fontenoy, a fine of 10 million francs was imposed on the population; the city of Rouen had to pay 6½ million francs within 5 days; the town of Hagenau - 1 million ; in order to frighten the population and hasten the end of the war, K. imposed 25 francs on each Frenchman; a total of indemnities were collected: 49 million in taxes, 227 million in the form of requisitions and 39 million under other pretexts). All restrictions established by international law and aiming to bring correspondence between the size of K. and the penalties they replace, will remain without result as long as the principle of K. itself, that is, monetary exactions in war, is considered legitimate. A belligerent can do without K. (Russia in Turkey, in 1877-78). K. must be unconditionally condemned as having neither a reasonable basis nor legal justification, and serving only as a means of profit for the enemy who has occupied foreign territory. K., in essence, are not subject to return; The only exceptions are those that are levied instead of requisition. For information about the refund procedure, see Requisitions. 2) K., imposed at the end of the war on the defeated country (indemnité de guerre, Kriegsentschä digung), represent compensation for the military costs incurred by the winner. Their legal basis rests on the idea of ​​war as a process in which all costs must be borne by the wrong side - and this, according to an ancient fiction, is recognized as the defeated side. The custom of reimbursing military costs, which has long existed, receives significant development in the era Napoleonic wars. The French did not make peace or even a truce with anyone without reprimanding the well-known K. (during the period from to 2000 - more than 20 times, in total in the amount of 535 million francs; of which the largest K.: from Holland - 210 million and from Prussia - 120 million). In the city, the Allies impose on France a capital of 700 million francs. After that in peace treatises For a long time there has been no talk between the European powers about military costs; one might think that custom would put them out of use in relations between civilized states. Wars of 1853-56 and years. ended without K. They were resumed in Prussia, which brought K.’s practice to extreme proportions in the city: France had to pay, not counting the levies mentioned above, 5 billion francs. When determining the size of the capital, the winner now takes into account not just military expenses; he wants to receive compensation for all his losses, property and non-property, caused by the war. Hence the extreme arbitrariness in establishing the amount of capital, which often returns war to its former predatory character. In this form, cash loses its significance as a reward for military costs, and in itself can become a goal of war. In determining the size of the capital, the intervention of outside powers would be necessary: ​​by eliminating the possibility of extraordinary demands, international law could thereby even prevent some wars. The sum of all funds over the past 100 years is about 8 billion francs. (without Chinese K. in favor of Japan, g.); of which Prussia accounts for 5¼. The capital imposed by Russia on Turkey after the war of 1877-1878 (treaties and years) amounted to 802 million francs.

Literature

  • Féraud-Giraud, “Recours en raison des dommages causés par la guerre” (P., 1881);
  • Vidari, “Del rispetto della propriet à privata fra gli stati in guerra” (Pavia, 1867);
  • Rouard de Card, "Laguerre continentale dans ses rapports avec la proprieté" (P., 1877);
  • F. Martens, “On the right of private property during the war” (St. Petersburg, 1869);
  • Benedix, “Dissertatio de praeda... bello terrestri lé gitime parta” (Bresl., 1874);
  • Löning, “Die Verwaltung des Generalgouvernements Elsass” (Strasb., 1874);
  • Laveleye, “Le respect de la proprieté en temps de guerre” (1876-1877);
  • Guérard, “Les lois de la guerre au point de vue des intérêts privés” (1880).

See also Occupation of enemy territory (literature) and manuals on international and specifically military law, especially Guelle, “Précis des lois de la guerre sur terre” (P., 1884).

The article reproduces material from the Great Encyclopedic Dictionary of Brockhaus and Efron.

Contribution(lat. contributio),

1) the amounts that the defeated state pays to the winner under the terms of the peace treaty;

2) forced monetary taxes levied by enemy troops from the population of the occupied area. Historically, both types of crime arose on the basis of military robbery, the most early form which was assigned spoils of war, characteristic of wars of the slave and feudal eras. A common form of military robbery was also tribute, which from a legal point of view was the obligation of the defeated state to pay money, supply goods, etc. as a sign of submission to the winning state for a certain time. K. becomes an invariable condition of peace treaties as a general obligation of the vanquished to pay the winner a certain amount, in addition to the penalties imposed on the population during the war. K. was considered as one of the unconditional “rights” arising from the fact of victory. For modern history It was typical to establish a connection between K. and the military expenses of the winner, to cover which it was levied. Military expenses sometimes also included damage suffered by the civilian population from destruction, military requisitions, etc.

Almost no war in our history has gone without the payment of tribute or compensation for damage caused by one side of the hostilities to the other.

Forms of financial liability applied during a war or after its end are called "repair" And "indemnity". These concepts have similar meaning, however, they differ in ethical standards and the party paying the damages. What are reparation and indemnity? When are these terms used and what exactly is the difference between them?

What does the word "reparation" mean?

Word "repair" comes from Latin reparatio(restoration) and has a short history. It was first used in 1919, when Treaty of Versailles Germany and its allies were forced to pay for losses incurred by the Entente countries.

Other examples of reparations were payments by the same Germany to states that suffered during the Second World War, as well as compensation for damages that Japan carried out under the 1958 peace treaty in favor of Indonesia.

What is reparation?

In international law, reparation refers to the financial responsibility that the aggressor state bears in relation to the countries that were attacked. Payments are considered to be monetary or other material compensation, the amount of which is established in accordance with the damage caused under the peace treaty and other international acts.


The reparations that were imposed on Germany after the First World War provided for the payment Money, equivalent to 100 thousand tons of gold. Considering the destruction and economic crisis, the country was not able to fully compensate for the damage, so it was forced to borrow funds from other states. As a result, by decision of the reparation commission, the amount was halved.

After World War II, reparations were carried out through the export of material assets. In particular, railway cars, livestock, equipment from factories and power plants, grain, alcohol, and tobacco were confiscated from Germany. Material values had to be given not only to state enterprises, but also to German residents, from whom personal belongings were confiscated - carpets, furniture, gold, watches, clothes.

What does the word "indemnity" mean?

Like reparation, indemnity has Latin roots. The term comes from the word contributio, which means "public gathering" or "everyone's contribution" .


At the same time, the concept has more long history and goes back to time immemorial. We can say that indemnity has existed for as many centuries as there have been military operations on the planet.

What is indemnity?

Contributions are payments that are imposed on the losing country in favor of the winning one. Depending on the time of payment, compensation is divided into two types. Contributions of the first type are collected during war, and the population of the state bears financial responsibility.

It could be cash dues, payments in kind with food and things or fines that replace criminal liability. As a rule, in the past the population of a defeated state actually supported invading armies.

The second type of indemnity is paid directly by the defeated country after the end of hostilities. This type provides for compensation by the government for all the costs that the winner incurred in the war. Greatest development This type was obtained under Napoleon, who concluded peace treaties only on the condition of further payment of indemnity.

There are many examples in history of the collection of tribute. In particular, after the Cypriot-Genoese War, which ended in 1374, Cyprus undertook to pay large amounts, compensating the military expenses of the Genoese Republic.


Ending Russian-Turkish War in 1774 was marked by the payment of funds from Turkey in favor of Russia in the amount of 4.5 million rubles. Contribution was practiced until the beginning of the 20th century, after which it was replaced by reparation, and in 1949 it was completely prohibited by the Geneva Convention.

What is the difference between reparation and indemnity?

The main difference between indemnity and reparation is the state that must pay the compensation. If reparations are paid only by aggressor countries, then indemnity is paid by the defeated party, that is, the state that carried out the attack can also receive it.

In essence, indemnity is an outright robbery of the loser, while reparation is a more civilized form of financial responsibility aimed at compensating the losses of the innocent party.

from lat. contributio) - sums of money paid by a defeated state to the winner after the end of the war. K. is based on the “right of the winner”, regardless of whether he waged a fair or unfair war. The size, conditions and forms of payment to K. were determined solely at the discretion of the winner. Geneva Convention on Protection civilian population during the war of 1949, it does not provide for the collection of compensation. In its place, compensation was replaced by reparations, restitutions, substitutions and other forms of financial responsibility of states.

Excellent definition

Incomplete definition

CONTRIBUTION

lat. tributum - tribute) - 1) the amount established in a peace treaty by the exploiting victorious state at its discretion, paid to it by the defeated state, regardless of the goals and nature of the war. K. is of a forced nature and represents one of the forms of robbery of the defeated state. K. is usual condition peace treaties of exploiting states. It is characterized by the fact that the basis for its collection is not the beginning of responsibility for unleashing an unjust war, but the “right of the winner,” i.e., the right is collected from the defeated state regardless of whether it fought a just or unjust war. The size of the prize was determined solely by the discretion of the winner, as well as the conditions and forms of its payment.

From the first days of its existence, the Soviet socialist state opposed coercion as a form of robbery of the conquered peoples, and invited all participants in the First World War to conclude peace without annexations and coercion (see Decree on Peace).

Under pressure public opinion and thanks to exposure Soviet diplomacy the predatory nature of the K-entente powers, when developing the terms of the Versailles Peace Treaty, were forced to formally abandon K., replacing it with reparations (see). However, in fact, these reparations were the same compensation, since the claims of the Entente states to compensation for damage were based only on the “right of the winner.” The amount of compensation, the conditions and forms of its execution were established without taking into account the legitimate interests of the defeated states and served as a means of economic intervention in the internal affairs of these countries.

After the Second World War, the imperialist states tried to apply the principle of coercion to the reparation terms of the peace treaties of 1947. However, thanks to the fair position of the USSR, all these attempts ended in vain and economic conditions peace treaties of 1947 consistently implement the principle of preventing K.

2) A monetary levy imposed during war by the occupation authorities on individual residents, groups of people or entire settlements occupied territory.

In contrast to requisitions (see), levied during the war in the form of property in kind necessary for the occupying army (food, clothing, etc.), requisitions are levied in cash. International legal rules about combat are contained in the Regulations on the Laws and Customs of the Land Warrior Hague Convention 1907. According to this Regulation, along with ordinary taxes and fees, taxes can be collected only for the needs of the occupying army or the administration of the occupied region (Articles 48, 49). K. in the form of a fine for violation occupation regime cannot be imposed on the entire population for an act committed by an individual (Article 50). K. may be charged on the basis of a written order and under the responsibility of commanding general. In each case of collection of K., it is obligatory to issue a receipt (Article 51). These half-hearted, and sometimes simply declarative provisions, like the last one, were nevertheless intended to limit to some extent the rampant plunder during the war. However, even these rules were grossly violated by imperialist states waging aggressive, unjust wars. Such a violation of international law was the robbery of the interventionists in Soviet Russia in 1918–20 During the Second World War Hitler's army turned the system of gratuitous payments into mass robbery of the population, thereby grossly violating the rules of the Hague Convention.

Developed taking into account the experience of the Second World War, the 1949 Kaniv Convention relative to the Protection of Civilian Persons in Time of War prohibits robbery individuals and their property, and also does not provide for the collection of K.

Excellent definition

Incomplete definition ↓

CONTRIBUTION CONTRIBUTION (from lat. contributio) - sums of money paid by the defeated state to the winner after the end of the war. K. is based on the “winner”, regardless of whether he waged a fair or unfair war. The size, conditions and forms of payment to K. were determined solely at the discretion of the winner. The Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949 does not provide for the collection of compensation. In its place, compensation has been replaced by reparations, restitution, substitution, and other forms of financial responsibility of states.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

Synonyms:

See what “CONTRIBUTION” is in other dictionaries:

    - (Latin, from contribuere to assign, to attach). 1) tax on the vanquished to reimburse military costs. 2) tax on conquered areas; ransom imposed by the winner. Dictionary foreign words, included in the Russian language. Chudinov A.N.,... ... Dictionary of foreign words of the Russian language

    Cm … Synonym dictionary

    English contribution A. Monetary or material compensation that the defeated state pays to the victorious state. B. Forced monetary or material exactions levied by the occupation authorities on the population of the occupied... ... Dictionary of business terms

    - (from the Latin contributio), 1) in international law (until the 19th century) payments (tribute) imposed by the state victorious in a war on the defeated state. Modern international law does not provide for this. See also Reparations. 2) Cash… … Modern encyclopedia

    - (from Latin contributio) 1) payments imposed on the defeated state in favor of the winning state. It is prohibited by modern international law. See also Reparations; 2) Forced monetary collection levied by the enemy from the population... ... Big encyclopedic Dictionary

    - (from Latin contributio) forced payments or property seizures from a state defeated in a war. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B.. Modern economic dictionary. 2nd ed., rev. M.: INFRA M. 479 p.. 1999 ... Economic dictionary

    CONTRIBUTION, indemnity, female. (lat. contributio). A sum of money imposed on a defeated state by the victors as a military tribute (military, political). A world without annexations and indemnities. || Forced monetary collection imposed... ... Dictionary Ushakova

    CONTRIBUTION, and, female. (specialist.). Payments imposed by the victorious state on the defeated state. | adj. indemnity, oh, oh. Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 … Ozhegov's Explanatory Dictionary

    Female, French war tax, levies from conquered places. tional, relating to such extortions Dahl's Explanatory Dictionary. IN AND. Dahl. 1863 1866 … Dahl's Explanatory Dictionary

    Tribute paid to the enemy: during the war by the population of the occupied territory, at the end of the war by the government of the defeated country. 1) The emergence of indemnities levied during the war dates back to the time when the enemy, in his own way... ... Encyclopedia of Brockhaus and Efron

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