5cjxburmr

the living conditions of the civilian population by the maintenance of the essential public utilityservices, by the distribution of relief, and by the organization of rescues. 29611.18 ENEMY PROPERTY DURING OCCUPATIONPillage is prohibited. Enemy property in occupied territory may not be seized ordestroyed unless imperatively demanded by the necessities of war. The Occupying Power maytake certain control measures with respect to property in occupied territory. Other rules apply tothe treatment of public enemy property and private enemy property in occupied territory.11.18.1 Prohibition Against Pillage in Occupied Territory. Pillage is forbidden. 297 Inaddition to this specific prohibition in the context of occupied territory, pillage is prohibited as ageneral matter. 29811.18.2 Seizure or Destruction of Property During Occupation – Application of theMilitary Necessity Standard. The general rule that enemy property may not be seized ordestroyed unless imperatively demanded by the necessities of war also applies to property duringthe occupation of enemy territory. 299 In particular, any destruction by the Occupying Power ofreal (immovable) or personal (movable) property belonging individually or collectively toprivate persons, to the State of the occupied territory, to other public authorities, or to social orcooperative organizations, is prohibited, except where such destruction is rendered absolutelynecessary by military operations. 30011.18.2.1 Assessment of Military Necessity for Seizure or Destruction. Theevaluation of whether destruction of property is militarily necessary in the context of occupationis undertaken by applying the standards that also are applied in the context of combatoperations. 301 For example, the evaluation of whether the destruction of property is militarilynecessary is made by the responsible commander or other authority of the Occupying Power. 302296 GC art. 63 (“The same principles shall apply to the activities and personnel of special organizations of a nonmilitarycharacter, which already exist or which may be established, for the purpose of ensuring the living conditionsof the civilian population by the maintenance of the essential public utility services, by the distribution of relief andby the organization of rescues.”).297 HAGUE IV REG. art. 47 (“Pillage is formally forbidden.”).298 Refer to § 5.17.4 (Pillage Prohibited).299 Refer to § 5.17.2 (Enemy Property – Military Necessity Standard).300 GC art. 53 (“Any destruction by the Occupying Power of real or personal property belonging individually orcollectively to private persons, or to the State, or to other public authorities, or to social or cooperativeorganizations, is prohibited, except where such destruction is rendered absolutely necessary by militaryoperations.”).301 Refer to § 5.17.2 (Enemy Property – Military Necessity Standard).302 GC COMMENTARY 302 (“Furthermore, it will be for the Occupying Power to judge the importance of suchmilitary requirements. It is therefore to be feared that bad faith in the application of the reservation may render theproposed safeguard valueless; for unscrupulous recourse to the clause concerning military necessity would allow theOccupying Power to circumvent the prohibition set forth in the Convention. The Occupying Power must thereforetry to interpret the clause in a reasonable manner: whenever it is felt essential to resort to destruction, the occupyingauthorities must try to keep a sense of proportion in comparing the military advantages to be gained with the damagedone.”).788