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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

Commentary - Part IV : Civilian population #Section III -- Treatment of persons in the power of a party to the conflict #Chapter I -- Field of application and protection of persons and objects

[p.839] Part IV, Section III, Chapter I -- Field of application and protection of persons and objects

2917 The heading of this Chapter is quite clear as far as persons are concerned. As regards objects, there are no specific rules applicable to them in this Section.

2918 The Fourth Convention only rarely deals with the property or objects of protected persons. Thus Article 53

prohibits the Occupying Power in principle from destroying the personal property belonging to private persons. Article 33

prohibits pillage and reprisals against protected persons and their property. However, the object of that provision is not to guarantee the rights of ownership of protected persons.

2919 As far as the Hague Regulations (1907) are concerned, Articles 28

, 46

and 47

rule that private property cannot be confiscated and that pillage is formally forbidden.

2920 In practice the private property of civilian enemy nationals is all too often seized as enemy property, contrary to general principles of law. Cases are on record in which, after a conflict, the property of enemy nationals was made the object of negotiation or even of arbitration.

' C.P./J.P. '