Related Rule
Australia
Practice Relating to Rule 50. Destruction and Seizure of Property of an Adversary
Australia’s Commanders’ Guide (1994) states: “The destruction or seizure of civilian property, whether it belongs to private individuals or the State, is forbidden unless the damage or seizure is imperative for military purposes.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 966.
The Guide further states:
The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings:
(c) extensive destruction and appropriation of property which is not justified by military necessity and which is carried out unlawfully and wantonly. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(c).
Australia’s Defence Force Manual (1994) states:
The destruction or seizure of civilian property, whether it belongs to private individuals or to the state, to other public authorities or to social or cooperative organisations, is permitted if imperative for military purposes. Otherwise such action is forbidden. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 740.
As a general rule, “it is forbidden to destroy or requisition enemy property unless it is militarily necessary to do so”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 923.
The manual further states:
The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … extensive destruction and appropriation of property which is not justified by military necessity and which is carried out unlawfully and wantonly. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1315(c).
Australia’s LOAC Manual (2006) states:
2.6 The principle of military necessity … permits the destruction of property if that destruction is imperatively demanded by the necessities of war. Destruction of property as an end in itself is a violation of international law. There must be a reasonable connection between the destruction of property and the overcoming of enemy forces. The principle cannot be used to justify actions prohibited by law, as the means to achieve victory are not unlimited.
7.43 … The destruction or seizure of civilian property, whether it belongs to private individuals or the state, to other public authorities or to social or cooperative organisations is permitted if imperative for military purposes. Otherwise such action is forbidden.
13.25 Grave breaches under the Geneva Conventions consist of any of the following acts against persons or property protected under the provisions of the relevant Convention:
• extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
13.26 [The 1977 Additional Protocol I] extends the definition of grave breaches to include the following … acts when committed wilfully, in violation of the relevant provisions of the protocol, and causing death or serious injury to body or health:
• launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects.
13.29 Provisions of the Hague Regulations 1907 are now recognised as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
• to destroy or seize the enemy’s property, unless such destruction or seizure is imperatively demanded by the necessities of war. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 2.6, 7.43, 13.25–13.26 and 13.29; see also §§ 9.24 and 12.42.
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 confiscation of property and wanton devastation and destruction of property. 
Australia, War Crimes Act, 1945, Section 3.
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence.” 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s Criminal Code Act (1995), as amended to 2007, states with regard to war crimes that are grave breaches of the 1949 Geneva Conventions and of the 1977 Additional Protocol I:
268.29 War crimedestruction and appropriation of property
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator destroys or appropriates property; and
(b) the destruction or appropriation is not justified by military necessity; and
(c) the destruction or appropriation is extensive and carried out unlawfully and wantonly; and
(d) the property is protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
(e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
(f) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 15years.
(2) Strict liability applies to paragraph (1)(d). 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.29, pp. 322–323.
The Criminal Code Act also states with respect to other serious war crimes that are committed in the course of an international armed conflict:
268.51 War crimedestroying or seizing the enemy’s property
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator destroys or seizes certain property; and
(b) the property is property of an adverse party; and
(c) the property is protected from the destruction or seizure under article 18 of the Third Geneva Convention, article 53 of the Fourth Geneva Convention or article 54 of Protocol I to the Geneva Conventions; and
(d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
(e) the destruction or seizure is not justified by military necessity; and
(f) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
(2) Strict liability applies to paragraph (1)(c). 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.51, p. 335.
The Criminal Code Act further states with respect to war crimes that are other serious violations of the laws and customs of war applicable in a non-international armed conflict:
268.94 War crimedestroying or seizing an adversary’s property
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator destroys or seizes certain property; and
(b) the property is property of an adversary; and
(c) the property is protected from the destruction or seizure under article 14 of Protocol II to the Geneva Conventions; and
(d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
(e) the destruction or seizure is not justified by military necessity; and
(f) 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 15 years
(2) Strict liability applies to paragraph (1)(c). 
Australia, Criminal Code Act, 1995, as amended on 1 November 2007, taking into account amendments up to Act No. 177 of 2007, Chapter 8, § 268.94, pp. 368–369.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in Article 8(2)(a)(iv), (b)(xiii) and (e)(xii) of the 1998 ICC Statute. 
Australia, ICC (Consequential Amendments) Act, 2002 , Schedule 1, § 268.29, 268.51 and 268.94.