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Convention with respect to the laws and customs of war on land. (Hague Convention IV)

Convention with respect to the laws and customs of war on land. (Hague Convention IV)  

The Convention was signed on 18 October 1907 by 15 States, still it had not been ratified and did not enter into force as an international treaty. However the references to the provisions of the Convention were used during the Nuremberg Tribunal. The applicability of these provisions was also confirmed by the International Court of Justice in the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of 9 July 2004 (p. 98)( http://www.icjcij.org/homepage/ru/advisory/advisory_ 2004-07-09.pdf , http://www.icj-cij.org/docket/index.php? p1= 3& p2 =4&case = 131&p3=4 ). These provisions prohibit the arbitrary deprivation of property and establish the conditions under which such deprivation is deemed possible.

Article XXIII
[…] In addition to the prohibitions provided by special Conventions, it is especially forbidden: […] (g) To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war;

Article XLVI

[…] Private property cannot be confiscated.

Article LV

The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

Article LVI

The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.

The full text of the document can be found at link or here.

See also

Protected: 5.3. Policy on Transfer of Its Own Civil Population from among Medical Workers to the Occupied Territory