Adsum

March 2003

Loot from Abroad

From the book, Father Connell Answers Moral Questions
by Very Rev. Francis J. Connell, C.SS.R., S.T.D., L.L.D., L.H.D.

Question: Returned soldiers frequently approach a priest with a problem of conscience concerning their obligation to make restitution for objects they brought back from invaded enemy countries, having acquired them by methods which objectively could be classified as looting. Similar problems are presented by persons who have received such articles as gifts from soldiers. What norms should guide a priest in solving such problems of conscience?

Answer: So many varied circumstances could enter into cases of this nature, that only general principles can be given. In the first place, if a soldier took property belonging to civilians — watches, cameras, fountain pens, books, etc. — without making any recompense, and knew at the time he was doing wrong, he may not keep the property. For in such a case he is a possessor in bad faith, and may not profit by his acts of injustice. If it is impossible to restore the objects to those who were robbed (as is usually the case), he must contribute these articles (or their equivalent in money) to pious causes or to the poor. It is well to note that this principle applies even in the event that the articles in question were taken from a deserted house, since the inhabitants of such a dwelling are presumed to have left it only temporarily and not to have given up their claim to their possessions.

However, it is possible that a soldier took the goods of civilians in such circumstances that he did not realize he was really stealing. Perhaps he had the idea that it is permissible to keep what he chanced to find in a bombed building, and consequently was guilty of no formal sin when he acquired articles of value in this way.

In the supposition that there is no hope of getting the objects back to their true owners, the soldier could now keep them, for he has been a possessor in good faith. The same is true of personal possessions, such as watches, money, medals, etc., taken from dead enemy soldiers. Strictly speaking, there should have been an effort to identify the dead man (from his “dog-tag”) so that these possessions could be sent to his relatives. However, if a soldier took them without any such effort, with the idea that he was allowed to acquire the articles for himself, he could now be allowed to keep them (presuming that these articles bear no marks whereby the family of the dead soldier could be located). It might seem strange to imply that Catholic soldiers could have been in good faith in regard to looting, but amid the excitement of war and the widespread laxity regarding the rights of the foe, such a condition could have been fairly frequent.

Those who reed receive articles as gifts from returned soldiers can presume that they were honestly acquired unless they have positive reasons for suspecting the opposite. If they have grounds for suspicion, they should not accept the gift, until they have made some effort to discover if the donor acquired it honestly, and if they find it was not so, they should refuse to accept the gift. If they accepted it with the realization that it may have been stolen property, they are doing wrong: and if later they discover that it was dishonestly acquired, they too must give it up — to pious causes, if the original owner cannot be found. However, if a person has accepted such a gift in good faith, and only subsequently becomes aware that the soldier who gave it to him had seized it as loot he may keep it, unless he can find the real owner, which in most cases would be impossible. For, in such a case, he is in a situation similar to that of one who finds a lost article and cannot find the owner.

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