Related Rule
Cuba
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”.
Cuba, Military Criminal Code, 1979, Article 44(1).
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.
Cuba, Second periodic report to the Committee against Torture, 22 March 2011, UN Doc. CAT/C/CUB/2, submitted 18 January 2010, § 108.
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.
Cuba, Response by the representative of Cuba 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, 7 June 2011, p. 2.
