RE: Now it's a basic law: The State of Israel is the national home of the Jewish people
※→ rylah, P F Tinmore, et al
I believe that our friend PF Tinmore is referring to
Rule #50 • Customary and International Humanitarian Law → The destruction or seizure of the property of an adversary is prohibited, unless required by imperative military necessity.
• Article 50 First Geneva Convention
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
• Article 51 Second Geneva Convention
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
• Article 147 Fourth Geneva Convention
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
• ICC Statute, Article 8(2)(b)(xiii)
Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
It is illegal for an occupying power to steal or destroy property in the occupied territory.
Look it up.
Where do You find this in the given law?
(COMMENT)
Having said that, you must take into consideration three points:
✪ Each source reference is not hard and fast. Each states that such destruction and appropriation of property is allowed when imperatively demanded by the necessities of war.
✪ It is generally understood that such destruction of appropriation of property is allowed when such property was used to:
• To harm the Occupying Power,
• To seriously damage the property of the occupying forces or administration or the installations of the Occupying Power,
• In cases of espionage, or serious acts of sabotage against the military installations of the Occupying Power or in cases of intentional acts which have caused the death of one or more persons.
✪ Since the turn of the 20th Century, may nations recognize that the Ocupying Power (like most governments) have the authority to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character. The matter of payment or just compensation to the owner of that property is a matter of domenstic law. Members of the UN understand that the members shall NOT intervene in matters which are essentially within the domestic jurisdiction.
Most Respectfully,
R