Practice Relating to Rule 50. Destruction and Seizure of Property of an Adversary
Cuba’s Military Criminal Code (1979) punishes “anyone who, in an area of military operations, … unlawfully destroys … property under the pretext of military necessity”.
In 2010, in its second periodic report to the Committee against Torture, Cuba stated:
Article 44.1 of the Military [Criminal Code (1979)], which establishes the offence of violence against the civilian population in a region of military operations, provides that “Anyone who performs acts of violence against the civilian population in a region of military operations or illegally destroys or occupies property […] is liable to a penalty of one to eight years’ imprisonment.” Paragraph (2) of this article establishes that if such acts are performed repeatedly … or cause considerable material damage, the penalty shall be between eight and 20 years’ imprisonment or death.
In 2011, in a response to UN General Assembly Resolution 63/51 on the observance of environmental norms in the drafting and implementation of agreements on disarmament and arms control, the representative of Cuba stated:
[I]n the war of occupation of Iraq by the United States, the harm caused inter alia
to … property … has been devastating. This situation has been repeated, in the last few months, during the bombings carried out by NATO against the Great Socialist People’s Libyan Arab Jamahiriya.