military operations.54 Under Article 23(g) of the 1907 Hague Regulations, it is
forbidden “to destroy or seize the enemy’s property, unless such destruction
or seizure be imperatively demanded by the necessities of war.” Likewise,
Article 46 of the aforementioned Regulations affirms that private property
must be respected and that it cannot be confiscated.55
Furthermore, Article 53 of the 1949 Fourth Geneva Convention (GCIV)
stipulates that “any destruction by the Occupying Power of real or personal
property belonging individually or collectively to private persons, […] is
prohibited, except where such destruction is rendered absolutely necessary by
military operations.” Moreover, the “extensive destruction and appropriation
of property, not justified by military necessity and carried out unlawfully and
wantonly” is a grave breach under GCIV,56 and is also considered a war crime
under the Rome Statute of the International Criminal Court (ICC).57
Finally, Rule 133 of Customary IHL establishes that the property of all
displaced persons, refugees and IDPs, must be respected.58
Forcible Transfer
In the context of occupation, particularly strict provisions are in place
regarding the forced displacement of protected persons reflecting their acute
vulnerabilities. Palestinians in the oPt have protected status, and as such,
their forced displacement is a violation of international law.59
According to Article 49 of GCIV, all “individual or mass forcible transfers, as
well as deportations of protected persons from occupied territory to the
territory of the Occupying Power or to that of any other country, occupied
or not, are prohibited, regardless of their motive.” This convention foresees
exceptions to this prohibition under special circumstances: “the Occupying
54 Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of
War, art. 53, 12 August 1949, available at: http://www.refworld.org/cgi-bin/texis/vtx/
rwmain?page=search&docid=3ae6b36d2&skip=0&query=fourth%20geneva%20convention
[accessed 19 September 2017][hereinafter GCIV]; International Committee of the Red Cross (ICRC),
Rule 50 and 51 of Customary IHL.
55 International Conferences (The Hague), Hague Convention (IV) Respecting the Laws and Customs of
War on Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land, art. 46, 18
October 1907, available at: http://www.refworld.org/docid/4374cae64.html [accessed 19 September
2017].
56 GCIV, art. 147 and art. 149, 1949, supra note 54.
57 Statute of the International Criminal Court (Rome Statute), art. 8(2)(a)(iv), 1998 [hereinafter Rome
Statute].
58 ICRC, Rule 133 of Customary IHL, supra note 54.
59 GCIV, art. 49, supra note 54.
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