The Unlawful Seizure
An examination of looting: its historical context, legal implications, and manifestations across conflicts, disasters, and civil unrest.
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Defining Looting
The Act of Taking
Looting is characterized as the act of stealing, or the taking of goods by force. This typically occurs amidst significant social disruption, such as during wartime, natural disasters when civil enforcement is temporarily ineffective, or periods of rioting.
Associated Terms
The proceeds acquired through these forceful means are often described using various terms, including booty, loot, plunder, spoils, or pillage. These terms collectively denote the illicit acquisition of property during times of crisis.
Contexts of Occurrence
While historically prevalent in warfare, looting also emerges during natural calamities and civil disturbances. In such scenarios, the breakdown of law and order can compel individuals to seize necessities for survival, blurring the lines between survival and outright criminality.
Historical Roots
Warfare and Victory
Throughout recorded history, looting by victorious armies was a common practice. For soldiers, plunder served as a means to supplement meager incomes and was often integrated into the celebration of military triumph. The exhibition of plundered wealth was a notable feature of events like the Roman triumph.
Conquest and Wealth
Figures like Genghis Khan openly proclaimed the value of vanquishing enemies and seizing their wealth. In ancient societies, the spoils of war frequently included enslaved populations, concubines, and eunuchs, alongside portable precious metals, which were preferred targets due to their ease of transport.
Early Prohibitions and Art
In some historical instances, religious concerns led to prohibitions against looting. For example, King Clovis I of the Franks forbade his soldiers from looting near St. Martin's shrine. The early modern period and the era of New Imperialism saw European colonial powers frequently looting non-European states, often acquiring treasures and works of art.
Looting in Warfare
International Law
In modern armed conflicts, looting is explicitly prohibited by international law. It is considered a war crime under conventions such as the Hague Conventions and the Fourth Geneva Convention. The Statute of the International Criminal Court designates pillaging a town or place, even when captured, as a war crime.
Impact on Military Discipline
Instances of looting, coupled with poor military discipline, have occasionally led to the downfall of armies. Soldiers dispersed for ransacking can become vulnerable to counter-attacks. Conversely, in some historical cases, loot has fueled further military victories.
Wartime Art Plunder
During World War II, Nazi Germany engaged in large-scale, organized looting of art and property, particularly in occupied Poland. The Soviet Union also conducted similar operations. Allied forces also participated in looting on a smaller scale.
Disasters and Civil Unrest
Breakdown of Order
During natural disasters or periods of civil unrest, law enforcement and military forces can be overwhelmed. This breakdown in order can lead to widespread looting, sometimes driven by survival needs among civilians when essential resources are inaccessible.
Dilemmas for Governance
Governments face dilemmas in responding to looting during disasters, balancing the need to maintain order against the potential survival imperative for affected populations. The distinction between necessary scavenging and criminal looting can be challenging to define and enforce.
Government Tolerance
In certain circumstances, looting may be tolerated or even encouraged by governments for political, social, economic, or religious reasons. This can occur during periods of significant political transition or instability.
Legal Framework
International Prohibitions
International law, encompassing customary law and treaties, strictly prohibits pillage in armed conflict. Historical documents like the Lieber Code, the Brussels Declaration, and the Oxford Manual have recognized this prohibition.
Key Conventions
The Hague Conventions of 1899 and 1907 oblige military forces not only to avoid destroying enemy property but also to protect it. The Fourth Geneva Convention of 1949 explicitly forbids the looting of civilian property during wartime.
Prosecuting Pillage
The Statute of the International Criminal Court identifies pillaging as a war crime. Following World War II, numerous war criminals were prosecuted for pillage. International tribunals, such as the ICTY, have also brought prosecutions for this offense.
Modern Manifestations
Contemporary Conflicts
Despite international prohibitions, looting remains relatively common, particularly during civil unrest. Examples include the looting of antiquities during the Syrian Civil War, the Kashmir conflict, and accusations against Russian forces during the Russo-Ukrainian War.
Antiquities and Cultural Heritage
The term "looting" is also applied to the illicit removal of antiquities from their countries of origin. This can be driven by monetary gain or by foreign nations seeking prestige. The looting of museums, such as the National Museum of Iraq, highlights the vulnerability of cultural heritage during conflict.
Civil Unrest and Property
In contexts of civil unrest, such as the George Floyd protests in the United States, looting of commercial properties has occurred. This often exploits periods of heightened political tension and civil disorder, leading to significant property damage and loss.
Archaeological Removals
Illicit Antiquities Trade
Looting often refers to the unauthorized removal of antiquities from archaeological sites. This practice, driven by financial gain or national prestige, results in the loss of cultural heritage and historical context, with items frequently surfacing on the international black market.
Global Impact
Examples include the removal of Egyptian tomb contents to Western museums and the looting of sites during the Syrian Civil War, where artifacts were reportedly traded for weapons. The protection of archaeological sites remains a significant challenge during periods of instability.
Looting of Industry
Post-Conflict Seizures
Following World War II, Soviet forces systematically plundered industrial equipment, infrastructure, and entire factories from occupied zones of Germany and Poland as reparations. These assets were transferred to the Soviet Union.
Resource Exploitation
During the Syrian Civil War, factories in rebel-controlled areas were reportedly plundered, with their assets transferred abroad. Agricultural products and components of power plants were also seized and sold elsewhere, representing a significant economic dimension of conflict-related looting.
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References
References
- J. R. Kudelski (2004), Tajemnice nazistowskiej grabieży polskich zbiorów sztuki, Warsaw (in Polish).
- Myers, Steven Lee (February 23, 2009), "Iraq Museum Reopens Six Years After Looting", The New York Times.
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