Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Chapter 15 Denial of Quarter (Rules 46–48)
- Chapter 16 Destruction and Seizure of Property (Rules 49–52)
- Chapter 17 Starvation and Access to Humanitarian Relief (Rules 53–56)
- Chapter 18 Deception (Rules 57–65)
- Chapter 19 Communication with the Enemy (Rules 66–69)
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 16 - Destruction and Seizure of Property (Rules 49–52)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Chapter 15 Denial of Quarter (Rules 46–48)
- Chapter 16 Destruction and Seizure of Property (Rules 49–52)
- Chapter 17 Starvation and Access to Humanitarian Relief (Rules 53–56)
- Chapter 18 Deception (Rules 57–65)
- Chapter 19 Communication with the Enemy (Rules 66–69)
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 49. The parties to the conflict may seize military equipment belonging to an adverse party as war booty.
Practice
Volume II, Chapter 16, Section A.
Summary
State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
International armed conflicts
The rule whereby a party to the conflict may seize military equipment belonging to an adverse party as war booty is set forth in the Lieber Code. It reflects long-standing practice in international armed conflicts. It is also implicit in the Hague Regulations and the Third Geneva Convention, which require that prisoners of war must be allowed to keep all their personal belongings (as well as protective gear).
This rule is also contained in numerous military manuals. As Australia's Defence Force Manual explains, “booty includes all articles captured with prisoners of war and not included under the term ‘personal effects’”. The rule has also been referred to in case-law.
According to the Lieber Code, war booty belongs to the party which seizes it and not to the individual who seizes it. This principle is reflected in numerous military manuals. It is also supported in national case-law. As a result, individual soldiers have no right of ownership over or possession of military equipment thus seized. Some manuals explicitly state that it is prohibited for soldiers to take home “war trophies”.
- Type
- Chapter
- Information
- Customary International Humanitarian Law , pp. 173 - 185Publisher: Cambridge University PressPrint publication year: 2005