Practice Relating to Rule 50. Destruction and Seizure of Property of an Adversary
Ukraine’s IHL Manual (2004) states:
1.3.2. The following methods of warfare shall be prohibited … destruction or seizure of enemy property unless such acts have been dictated by military necessity.
1.8.6. Serious violations directed against property include the following acts if they are not justified by military necessity:
- extensive destruction of property;
- extensive appropriation of property.
The manual further states that, during the conduct of hostilities: “In exceptional circumstances … the commander (commanding officer) may designate … missions … to destroy or capture enemy property.”
Under Ukraine’s Criminal Code (2001), “unlawful destruction or taking of property under the pretext of military necessity” is a war crime.