Democratic Republic of the Congo
Practice Relating to Rule 50. Destruction and Seizure of Property of an Adversary
The Democratic Republic of the Congo’s Code of Military Justice (1972), as amended in 1980, which applies in times of war or in an area where a state of siege or a state of emergency has been proclaimed, punishes any “abusive or illegal requisition, confiscation or spoliation”.
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Crimes against humanity are grave violations of international humanitarian law committed against any civilian population before or during war.
Crimes against humanity are not necessarily linked to the state of war and can be committed not only between persons of different nationality, but even between subjects of the same State.
The grave breaches listed hereafter, affecting, by action or omission, the persons and objects protected by the Geneva Conventions of 12 August 1949 and the Additional Protocols of 8 June 1977, constitute crimes against humanity, repressed according to the provisions of the present Code, without prejudice to more severe penal provisions provided by the ordinary Penal Code:
7. Extensive destruction or appropriation of property, not justified by military necessity as allowed by international law, and carried out unlawfully and wantonly;
The offences contained in the preceding article are punished with penal servitude for life.
If those contained in points 1, 2, 5, 6, 10 to 14 of the same article lead to the death or cause grave injury to the physical integrity or health of one or several persons, the perpetrators are liable to the death penalty.
The Military Penal Code also provides:
Whoever, in the service of the Armed Forces, abuses powers conferred to him relating to requisition or refuses to give a receipt for the quantities furnished, is punished with two months to two years of penal servitude.
Whoever, in the service of the Armed Forces, carries out a requisition without having the authority for it, is punished, if that requisition was done without violence, with one to three years of penal servitude.
If the requisition is carried out with violence, he is punished with three to five years of penal servitude. Regardless of the penalties provided above, the perpetrator is further convicted to making restitution.
Whoever, in time of war or during exceptional circumstances, is guilty of imposing collective fines, abusive or illegal requisitions, confiscations or spoliation, of importing or exporting out of the territory of the Republic, by any means, objects of any nature, including securities and money, shall be punished with ten to twenty years of penal servitude.
If these acts were accompanied by ill-treatment, torture or followed by another breach, the perpetrator shall be punished by death.
Punished by a penalty of five to ten years of penal servitude is any soldier or equivalent person who is guilty of committing theft to the detriment of the inhabitant with whom he is quartered by virtue of a requisition.