Property Rights for Individuals under International Humanitarian Law

ISSN： 0003-892X

Source： Archiv des Völkerrechts, Vol.45, Iss.3, 2007-09, pp. : 432-441

Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

Previous Menu Next

Abstract

In situations of belligerent occupations private property is specially guarded against expropriation by Article 46 of the Hague Convention on Land Warfare of 1907. This rule requires the omnipotent occupant to exercise a fair amount of self restraint in view of property except for his imminent military needs. It is not surprising that this rule has not always been adhered to in history and particularly in the upheavals of World War II the popular grabbing of foreign property by those in power has rarely been rectified as is i.a. exemplified by Liechtenstein v. Germany before the ICJ. Therefore, the customary value of Article 46 seemed under threat. However, some very recent decisions from courts of countries benefiting from such confiscated property (Northern Cyprus and Israel) sent extremely encouraging signals. They reflect and give evidence of current customary international law according to Article 38.1.b of the Statute of the ICJ implementing the prohibition to confiscate. This is particularly welcome on occasion of the centenary of the Hague Convention on Land Warfare of 1907.