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Looting is a “recordable offence”

Looting in time of armed conflict, more usually known as pillage...

What is looting? Looting can take several forms, most usually taking without lawful excuse property from a person who has been killed, injured, captured or detained, or property that has been left exposed or unprotected.

Jowitt’s Dictionary of English Law 4th Ed.

Looting is an offence under the Armed Forces Act 2006 s.4, if committed by a person subject to service law (q.v.) or a civilian subject to service discipline (q.v.) in the course of an action or operation of HM forces or of forces cooperating with them. Looting can take several forms, most usually taking without lawful excuse property from a person who has been killed, injured, captured or detained, or property that has been left exposed or unprotected. Looting also covers taking for private purposes vehicles, equipment and stores that have been abandoned by the enemy. Searching incapacitated persons or unprotected property with intent to loot is also regarded as looting. Looting is a “recordable offence” (q.v.) by virtue of the Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (SI 2006/2015). A similar offence appeared in the Army and Air Force Acts 1955 and the Naval Discipline Act 1957. Looting in time of armed conflict, more usually known as pillage, is prohibited by various treaties including the Hague Regulations 1907 (q.v.) and the Geneva Conventions 1949 (q.v.) and pillaging a town or place is a war crime under the 1998 Rome Statue of the International Criminal Court. The conventions permit the taking of certain items of property from the dead or from prisoners of war and soldiers acting in accordance with the conventions would have a lawful excuse for their actions.

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