A/HRC/39/CRP.2 their own acts.576 Unlawful transfer, deportation or displacement of civilians in noninternational armed conflicts can constitute a war crime or crime against humanity. 577 276. Even if ordering an evacuation is justified because relocation is necessary to clear a combat zone, the party responsible for the transfer or evacuation must ensure, to the greatest practicable extent, proper accommodation for the protected persons and “satisfactory conditions of hygiene, health, safety and nutrition”. 578 Displaced persons have a right to voluntary return in safety to their homes or places of habitual residence as soon as the reasons for their displacement cease to exist. 277. It is a violation of international humanitarian law if a party to the armed conflict, in the context of and associated with the conflict: (i) destroys or seizes property of an adversary, unless the destruction or seizure is required by imperative military necessity 579; (ii) attacks civilian objects, unless and for such time as they are military objectives 580; (iii) appropriates a town or village’s property for personal use (pillage) 581; or (iv) fails to respect the property of displaced persons, including failing to protect against destruction or the arbitrary and illegal appropriation, occupation or use of property or possessions left behind.582 Such violations may constitute war crimes. 583 278. Under international humanitarian law, parties to armed conflicts are required to allow and facilitate rapid and unimpeded humanitarian relief for civilians in need, and are in breach when they: (i) impede access of humanitarian relief to civilians; or (ii) arbitrarily deny consent to enable humanitarian relief operations; or (iii) restrict freedom of movement of humanitarian relief personnel, other than temporarily when it is required by imperative military necessity.584 (b) Findings Violations related to movement of civilian populations 279. The Mission received accounts of individuals being ordered to leave their village by the Tatmadaw; being physically prevented from returning; or ordered not to return.585 For example, a man from Loilen District, Shan State, reported that in November 2011 the Tatmadaw came to his village and told the villagers “you are no longer allowed to farm and you all need to leave the village immediately, otherwise we will burn your homes”. 586 The Tatmadaw soldiers later burned down his house, along with others in the village. In another case, the Mission was told how, in February 2013, a village in Bhamo Township, Kachin State, was attacked by the Tatmadaw and five houses were burned down. The victim escaped and later tried to return, but found that he was not able to go back because soldiers had closed the entrance to the village and would not let civilians past. 587 280. Other individuals recounted that conditions in their villages had become so difficult that it was impossible to remain or to return after they had fled attacks. The Mission identified a widespread practice of attacking, destroying and looting civilian property, 588 including intentional destruction, or burning, of civilian houses.589 Victims returning after fleeing 576 577 578 579 580 581 582 583 584 585 586 587 588 589 Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2), principle 5. See also, ICRC/Customary IHL, rule 129. See chapter VIII: Crimes under international law. ICRC/Customary IHL, rule 131. ICRC/Customary IHL, rule 50. ICRC/Customary IHL, rule 10. ICRC/Customary IHL, rule 52. ICRC/Customary IHL, rule 133; Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2), principle 21(3). See chapter VIII.C: War crimes. ICRC/Customary IHL, rule 55 and 56. PI-026, PI-042, PI-082, PI-087, PI-104, V-123, V-124. PI-082. PI-026. See this chapter, section A.1: Conduct of hostilities in flagrant disregard of civilian life and property. DI-058, DI-066, PI-026, PI-029, PI-049, PI-080, PI-082, PI-086, PI-087, QI-092, QI-094. 71