Chapter

The law of pillage, conflict resources and jus post bellum

Olivia Radics and Carl Bruch

Environmental protection and transitions from conflict to peace

Oxford : Oxford University Press, 2017

p. 143-168

English

This chapter explores the role of the law of pillage in the emerging body of jus post bellum with respect to temporal considerations as to its application; its relationship to the law of occupation; the scope of actors to whom pillage applies; and the legal and practical implications of approaching pillage as an economic crime. The chapter discusses questions such as to what extent does the law of pillage continue to apply during the post-conflict period and to whom does it apply? Would it include unelected transitional government officials who might be found liable for making decisions on natural resource concessions? Does the law of pillage apply to occupying forces having de facto or de jure control over a country? How would it relate to immovable state property in occupation? The chapter discusses the viability of war crimes prosecutions for pillage as well as of alternative avenues of accountability.

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• Environmental protection and transitions from conflict to peace / ed. by Carsten Stahn, Jens Iverson and Jennifer S. Easterday