A/HRC/34/64
The combined effect of particular IHL obligations leads to the conclusion that the practice
of disappearance is prohibited by customary IHL. Integral to the finding of a crime of
“enforced disappearance” is a refusal to acknowledge the arrest, detention or abduction, or
to give information on the fate or whereabouts of such person or persons. 44
Pillaging
31.
By definition pillage (or plunder) is theft within the context of, and in connection
with, an armed conflict. The prohibition of pillage is a long-standing rule of customary and
treaty-based international law. The pillaging of personal belongings of persons deprived of
their liberty amounts to a war crime. 45
Destruction of personal property
32.
International human rights law protects an individual’s home from interference by
the State. Article 17 of the ICCPR prohibits arbitrary or unlawful interference with a
person’s home or correspondence. The Human Rights Committee has interpreted this
provision to mean that no interference can take place except in cases envisaged by the law,
and that law must comport with the objectives of the ICCPR. 46 Article 11 of the ICESCR
commits States Parties to providing everyone “an adequate standard of living for himself
and his family, including housing, and to the continuous improvement of living
conditions.”
Sieges
33.
While the laying of sieges with the aim of compelling surrender does not, in and of
itself, constitute a violation under IHL, the use of the military tactic must comport with
other IHL rules, including allowing for vital foodstuffs and other essential supplies to be
delivered to the besieged civilian population.
34.
The delivery of vital foodstuffs and other essential supplies to the besieged civilian
population must be granted. Parties to a conflict must allow and facilitate rapid and
unimpeded passage of humanitarian relief for civilians in need, which is impartial in
character and conducted without any adverse distinction, subject to their right of control.47
The use of starvation of the civilian population as a method of warfare is prohibited. 48
35.
Moreover, as the freedom of movement of humanitarian relief personnel is essential
to the exercise of their functions, warring parties must ensure the freedom of movement of
authorised humanitarian relief personnel unless imperative military necessity requires their
movements be temporarily restricted.49 Civilian humanitarian relief personnel must be
respected and protected and are specifically protected against attack by the principle of
44
45
46
47
48
49
30
International Criminal Court (ICC), Elements of Crimes, 2011, at art. 7(1)(i).
ICRC Rule 122. See also the Jelisić case before the International Criminal Tribunal for the former
Yugoslavia, where the accused was charged under art. 3(e) of the Tribunal’s Statute with the plunder
of private property. The defendant pled guilty to the offence of having stolen money, watches,
jewellery, and other valuables from detainees upon their arrival at Luka camp in Bosnia and
Herzegovina. ICTY, Jelisić case, Initial Indictment and Judgment at § 280.
Human Rights Committee, General Comment No. 16 to the ICCPR. at art. 3.
ICRC Rule 55. Moreover, through its resolutions 2165 (2014), 2191 (2014), and 2258 (2015), the
Security Council has authorised the unconditional delivery of humanitarian assistance including
medical assistance throughout the Syrian Arab Republic to besieged and hard-to-reach communities
countrywide.
ICRC Rule 53.
Ibid. at Rule 56.
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