The systematic and violent appropriation of movable public or private property belonging to the enemy State, to civilians, wounded, sick or shipwrecked persons, or to prisoners of war. Pillage is a war crime. When movable property belonging to civilians, wounded, sick or shipwrecked persons, prisoners of war or the dead on the battlefield is removed by non-violent means, the term “spoliation” is sometimes used. Spoliation is prohibited.
OUTLINE
LEGAL SOURCE
prohibition of
GCI, 15/1 (see ICRC updated Commentary)
GCII, 18/1 (see ICRC updated Commentary)
GCIV, 16/2 and 33/2
CASES
- Senegal, Exploitation of Natural Resources
- United States Military Tribunal at Nuremberg, United States v. Alfried Krupp et al.
- ICJ, Democratic Republic of the Congo/Uganda, Armed Activities on the Territory of the Congo (Paras. 240-245, 250)
- Georgia/Russia, Human Rights Watch’s Report on the Conflict in South Ossetia (Paras. 75, 79, 82-83, 87-89)
- Georgia/Russia, Independent International Fact-Finding Mission on the Conflict in South Ossetia (Paras. 94-100)
- Democratic Republic of Congo, Involvement of MONUSCO
- Mali, Conduct of Hostilities
- Central African Republic, Coup d’Etat
- The armed conflict in Syria
- Syria, Report by UN Commission of Inquiry (March 2017)
- Switzerland: Gold Looting Case
- ICC, Confirmation of Charges against LRA Leader
- International Criminal Court, Trial Judgment in the Case of the Prosecutor V. Jean-Pierre Bemba Gombo
- Iraq, Crimes by Militia Groups
- Colombia, Special Jurisdiction for Peace, Crimes against the Environment in Cauca
BIBLIOGRAPHIC RESOURCE
STEWART James G., Corporate War Crimes: Prosecuting the Pillage of Natural Resources, New York, The Open Society Institute, 2010, 157 pp.