Disputed Territories and International Criminal Law by McKenzie Simon;

Author:McKenzie, Simon;
Language: eng
Format: epub
Publisher: Taylor & Francis Group

The drafting history is unhelpful for interpreting appropriation

It does not appear there is anything in the history of the negotiations for the Rome Statute that further illuminates the ordinary meaning of “appropriation” beyond` the context in which it appears. Similarly, the drafting history of the Geneva Conventions also offers little assistance. There was no recorded discussion about what an “appropriation” would entail. The most interesting insight is that the word ”appropriation” was thought by the UK and Australian delegations to be a better interpretation of the French word “saisie” than seizure, a proposal that was accepted by the Conference.24 In the end, the word appropriation was used in the French language version of the Convention as well.25 The drafting history does not record any reasons why the delegates considered “appropriation” a better word. While this might indicate that “seizure” and “appropriation” should be treated as encapsulating the same concept, there is nothing other than the fact the word was changed to support drawing this conclusion. The fact it changed must have been for some reason, but identifying that reason on the available information is impossible.

24 ICRC, Final Record of the Diplomatic Conference of Geneva of 1949 (1949) vol II-B, 88.

25 Ibid.

There are no other terms in the Geneva Conventions that define an appropriation of property. This is despite there being some provisions dealing with specific kinds of appropriation, although that word is not used. For example, article 34 of GCI sets out the rules on the requisition of real and personal property of aid societies, providing that “the right of requisition … shall not be exercised except in cases of urgent necessity, and only after the welfare of the wounded and the sick has been ensured”.26 Article 57 of GCIV similarly provides that the occupying power may requisition civilian hospitals only when certain conditions are met.27 Neither of these provisions give any insight into when land will be considered to have been “appropriated”.

26 Geneva Convention for the Amelioration of the Wounded and Sick in Armed Forces in the Field of 12 August, 1949, opened for signature 12 August 1949, 75 UNTS 31 (entered into force 21 October 1950) (GCI) art 34.

27 GCIV art 57.

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