Hmm, that get really fun when applied to modern day. Let's say some country invades and loots other one. Then sinks a ship carrying loot. Now they reclaim the loot from ship wreck. Is the loot fully theirs now?
If you win the war, you get the loot. That's what winning a war means. If you lose, you were the bad guys and need to hand it back plus maybe some other war reparations.