Law of War Handbook 2005

(Jacob Rumans) #1
civilian factory, and this bombing was not of absolute military necessity,
one might conclude it is not a grave breach, and maybe not a breach at all
(although it might violate article 23 of the Hague Regulations).

D. Tier 4 (Law by Analogy).


  1. Follow the nine commandments of property use during armed conflict.


2. The occupying power cannot destroy "real or personal property... ,except


where such destruction is rendered absolutely necessary". GC Art. 53.


  1. Pillage. Defined as the "the act of taking property or money by violence."
    Also referred to as plundering, ravaging, or looting."


a.  Forbidden in all circumstances (one of the general provision protections
of Section I).

b. Punishable as a war crime or as a violation the UCMJ.

c.  The property of a protected person may not be the object of a reprisal.
GC Art. 33.

d. Control of Property. The property within an occupied territory may be
controlled by the occupying power to the extent:

(1)Necessary to prevent its use by hostile forces.

(2)To prevent any use that is harmful to the occupying power.

(3)NOTE: As soon as the threat subsides, private property must be
returned. FM 27-10, Para. 399.

E. Understand the relationship between the battlefield acquisition rules of Tier
Three's conventional law property protections and the U.S. Military's Claims
System. See Operational Law Handbook and chapter six of this deskbook.

F. Protection of Civilian Property Under the Third Convention. For persons under
the control of our forces (detained persons, etc.), the United States has
frequently provided protection of property provided to EPWs under the Third
Geneva Convention. For instance, all effects and articles of personal use, except
arms and military equipment shall be retained by an EPW (GPW, art. 18). This

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