Thread by @EpshtainItay

This morning #Israel's defense forces convened an international conference on the law of armed conflict. This glimpse into the program reveals that "property destruction" is high on the agenda. I was not invited, but nonetheless, let me share my thoughts:

Going back to the Hague Regulations of 1907, Article 23(g) provides that it is especially forbidden “to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war”

The 1945 Nuremberg Tribunal established, under Article 6(b) of its charter, “wanton destruction of cities, towns or villages, or devastation not justified by military necessity” as a war crime.

According to Article 147 of the 1949 Geneva Convention IV, “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” are grave breaches.

But, you say, #Israel's Military Advocate General (pictured here) wanted to discuss "the contemporary role of property destruction rule." Well then, here is something pertinent and directly applicable to Israel's contemporary occupation of #Palestinian territory. Art 53 of GCIV:

"Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited [...]

except where such destruction is rendered absolutely necessary by military operations." This necessity clearly refers to combat situations. It is to be narrowly construed, which is indicated by the word “absolutely”.

This brings us to the conclusion that #Israel's destruction of #Palestinian property - including humanitarian aid accepted - allegedly for the enforcement of spatial planning regulations does not fall under this exception of military exigency.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) found that terrorizing the civilian population, forcible transfer, and destruction of personal property - undertaken in combination - are "crimes against humanity and violation of the laws or customs of war."