Practice Relating to Rule 50. Destruction and Seizure of Property of an Adversary
Viet Nam’s Penal Code (1990) punishes “anyone who exceeds the limits of military necessity in performing a mission and thereby causes serious damage to property of the State, of social organizations or of citizens”.
Viet Nam’s Penal Code (1999) provides for the punishment of anyone “who, while performing duties, exceeds the limits of military necessity, thereby causing serious property loss to the State, organizations and/or citizens”.
Viet Nam’s Criminal Code (2015) states:
Article 423. War crimes
1. Any person in wartime who orders or directly commits the murder of civilians, wounded people, or prisoner[s] of war; pillages; destroys residential areas; uses banned war instruments or methods[;] or commits other acts that seriously violate international law or an international agreement to which [the] Socialist Republic of Vietnam is a signatory shall face a penalty of 10–20 years’ imprisonment, life imprisonment, or death[.]
2. [If t]his offence is committed under pressure or order[s] given by superior officers, the offender shall face a penalty of 10–20 years’ imprisonment.