Nothing in this chapter shall apply to—

(1) the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;

(2) the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;

(3) the destruction of spoils of war by troops in the field;

(4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or

(5) minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.

Terms Used In 50 USC 2205

  • enemy: means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States. See 50 USC 2204
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
  • Personal property: All property that is not real property.
  • spoils of war: means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of war. See 50 USC 2204