IHL prohibits the destruction of civilian objects and of property seized from the adversary in the absence of military necessity. Wanton destruction of such property constitutes a war crime. The ICTY, in the Trial Chamber judgment of Kordic and Cerkez, (February 26, 2001) held that “[T]he elements for the crime of wanton destruction not justified by military necessity charged under Article 3(b) of the Statute are satisfied where: (i) the destruction of property occurs on a large scale; (ii) the destruction is not justified by military necessity; and (iii) the perpetrator acted with the intent to destroy the property in question or in reckless disregard of the likelihood of its destruction.” paras 346-347

See also: Grave breaches; Property; Seizure; Destruction; War Crimes

LEGAL SOURCE