相关规则
Australia
Practice Relating to Rule 52. Pillage
Australia’s Commanders’ Guide (1994) states: “Theft or looting of civilian property by armed combatants is prohibited.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 610.
The Guide also provides: “Pillage, the violent acquisition of property for private purposes, is prohibited.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 970.
The Guide further states: “Stealing or looting private property is not sanctioned by international law and members who engage in it can expect to face criminal prosecution.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1040.
Australia’s Defence Force Manual (1994) provides: “Pillage, the violent acquisition of property for private purposes, is prohibited.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 743.
The manual adds: “Pillage is … forbidden, even if the town or place concerned is taken by assault.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 923.
The manual also notes that pillage is prohibited in both one’s own territory and occupied territory.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 953.
In the case of occupation, the manual specifically states:
Pillage is prohibited. Pillage is the seizure or destruction of enemy private or public property or money by representatives of a belligerent, usually armed forces, for private purposes … A military personnel is not allowed to become a thief or a bandit merely because of involvement in a war. The rule against pillage is directed against all private acts of lawlessness committed against enemy property.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1224.
Australia’s LOAC Manual (2006) states: “Pillage, the violent acquisition of property for private purposes, is prohibited. In this regard the pillage of a town or place, even when taken by assault, is prohibited.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.46; see also §§ 9.24 and 9.58.
The manual states that, in occupied areas:
Pillage is prohibited. Pillage is the seizure or destruction of enemy private or public property or money by representatives of a belligerent, usually armed forces, for private purposes … A military person is not allowed to become a thief or a bandit merely because of involvement in a war. The rule against pillage is directed against all private acts of lawlessness committed against enemy property.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 12.47.
The manual also states: “Among other war crimes generally recognised as forming part of the customary LOAC are … looting”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.30.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s War Crimes Act (1945) considers “any war crime within the meaning of the instrument of appointment of the Board of Inquiry [set up to investigate war crimes committed by enemy subjects]” as a war crime, including pillage and wholesale looting.
Australia, War Crimes Act, 1945, Section 3.
Australia’s Defence Force Discipline Act (1982), in an article on looting, punishes any
person, being a defence member or a defence civilian, who, in the course of operations against the enemy, … takes any property left exposed or unprotected in consequence of such operations … or … takes any vehicle, equipment or stores captured from or abandoned by the enemy in those operations.
Australia, Defence Force Discipline Act, 1982, Section 48(1).
Australia’s Defence Force Discipline Act (1982), as amended to 2007, states:
48 Looting
(1) A person who is a defence member or a defence civilian is guilty of an offence if, in the course of operations against the enemy, or in the course of operations undertaken by the Defence Force for the preservation of law and order or otherwise in aid of the civil authorities, the person:
(a) takes any property that has been left exposed or unprotected; or
(b) takes any property from the body of a person who has been killed or from a person who has been wounded, injured or captured; or
(c) takes any vehicle, equipment or stores captured from or abandoned by the enemy.
Maximum punishment: Imprisonment for 5 years.
Australia, Defence Force Discipline Act, 1982, as amended on 1 October 2007, taking into account amendments up to Act 159 of 2006, Division 5A, Subdivision D, § 48(1), p. 56.
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.54 War crime – pillaging
A person (the perpetrator) commits an offence if:
(a) the perpetrator appropriates certain property; and
(b) the perpetrator intends to deprive the owner of the property and to appropriate it for private or personal use; and
(c) the appropriation is without the consent of the owner; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.54, p. 336.
The Criminal Code Act also states with respect to war crimes that are serious violations of the laws and customs of war applicable in a non-international armed conflict:
268.81 War crime – pillaging
A person (the perpetrator) commits an offence if:
(a) the perpetrator appropriates certain property; and
(b) the perpetrator intends to deprive the owner of the property and to appropriate it for private or personal use; and
(c) the appropriation is without the consent of the owner; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 20 years.
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.81, p. 357.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “pillaging” in international and non-international armed conflicts.
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.54 and 268.81.
