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Custodian of Enemy Property


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."

The following list is incomplete.

Bangladesh: The Enemy Property Act was established to manage property of enemies (Indians) taken while it was part of Pakistan (1948–1971) or during its independence war (1971).

Canada The Office of the Custodian of Enemy Property was established in 1916 and existed until 1985, dealing with the property of Canada's enemies in both World Wars as well as the seized property of Japanese Canadians.

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 1948 Arab–Israeli War (1948). In 1967, this function was disbanded (see below).


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