Custodian of Enemy Property
Encyclopedia
The Custodian of Enemy Property is an institution that handles property claims created by war. In wartime,
civilian property may be left behind or taken by the occupying state. In ancient times, such property was considered war loot
, and the legal right of the winner. In the Fourth Geneva Convention
Article 147, such action is defined as war crime
: "Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly."
India: The Custodian for Enemy Property for India
was established to manage Pakistani property taken in the Second Kashmir War (1965).
Jordan: The Jordanian Custodian of Enemy Property was established to handle property taken from Jews in the West Bank
taken in the Israeli War of Independence (1948). In 1967 this function was disbanded (see below).
Israel: The Absentees' Property Laws were established to handle the property taken from Palestinian refugees (including refugees who later became citizens of Israel, or "present absentees") of the Israeli War of Independence (1948) under the office of the Israeli Custodian of Absentee Property. During the Six-Day War
(1967), along with previously Palestinian properties, Israel took control of the Jewish property held by the Jordanian Custodian for Enemy Property and put it under the control of their own Custodian of Absentee Property. Most of this property remains under the Custodian, while some (as in the Sheikh Jarrah
case) has been granted to Jews contesting ownership, after claiming it in court.
United States: Alien Property Custodian
was an office within the United States federal government during World War I and again during World War II.
civilian property may be left behind or taken by the occupying state. In ancient times, such property was considered war loot
War loot
War loot refers to goods, valuables and property obtained by force from their lawful owners via looting during or after warfare. These "spoils of war" differ from tributes or other payments extracted after the fact by a victorious nation in that their extraction is largely arbitrary and immediate,...
, and the legal right of the winner. In the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
Article 147, such action is defined as war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
: "Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly."
Custodian of Enemy Property Laws
Bangladesh: The Enemy Property Act was established to manage property of non-Muslims taken while it was part of Pakistan (1948–1971) or during its independence war (1971).India: The Custodian for Enemy Property for India
Custodian for Enemy Property for India
The Custodian of Enemy Property for India is an Indian government department that is empowered to appropriate property in India owned by Pakistani nationals. After the Indo-Pakistani War of 1965, the Enemy Property Act was promulgated in 1968...
was established to manage Pakistani property taken in the Second Kashmir War (1965).
Jordan: The Jordanian Custodian of Enemy Property was established to handle property taken from Jews in the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
taken in the Israeli War of Independence (1948). In 1967 this function was disbanded (see below).
Israel: The Absentees' Property Laws were established to handle the property taken from Palestinian refugees (including refugees who later became citizens of Israel, or "present absentees") of the Israeli War of Independence (1948) under the office of the Israeli Custodian of Absentee Property. During the Six-Day War
Six-Day War
The Six-Day War , also known as the June War, 1967 Arab-Israeli War, or Third Arab-Israeli War, was fought between June 5 and 10, 1967, by Israel and the neighboring states of Egypt , Jordan, and Syria...
(1967), along with previously Palestinian properties, Israel took control of the Jewish property held by the Jordanian Custodian for Enemy Property and put it under the control of their own Custodian of Absentee Property. Most of this property remains under the Custodian, while some (as in the Sheikh Jarrah
Sheikh Jarrah
Sheikh Jarrah is a predominantly Palestinian neighborhood in East Jerusalem on the road to Mount Scopus.-History:Sheikh Jarrah was established on the slopes of Mount Scopus, taking its name from the tomb of Sheikh Jarrah. The tomb, dated to 1201, is the burial place of Husam al-Din al-Jarrahi, an...
case) has been granted to Jews contesting ownership, after claiming it in court.
United States: Alien Property Custodian
Alien Property Custodian
An Alien Property Custodian was an office within the Government of the United States during World War I and again during World War II, serving as a Custodian of Enemy Property to property that belonged to US enemies.-World War I:...
was an office within the United States federal government during World War I and again during World War II.