Australia
Practice Relating to Rule 146. Reprisals against Protected Persons
Section A. Captured combatants and prisoners of war
Australia’s Commanders’ Guide (1994) states: “Protected from the moment of their surrender or capture, PW [prisoners of war] and PW camps must not be made the objects of … reprisals.”
The Guide further refers to Article 13 of the 1949 Geneva Convention III and states: “Protected persons … should not be the subject of reprisals.”
Australia’s Defence Force Manual (1994), in a provision dealing with prisoners of war, provides: “Protected from the moment of their surrender or capture, prisoners of war must not be made the object of attack or reprisals.”
In a chapter entitled “Prisoners of war and detained persons”, the manual states: “The fundamental rules for the treatment of PW [prisoners of war] are: … reprisals against them are prohibited.”
The manual also states: “Reprisals may be justified but only against military objectives.”
In another provision, the manual states: “Protected persons … should not be the subject of reprisals.”
Australia’s LOAC Manual (2006) states: “Protected from the moment of their surrender or capture, PW [prisoners of war] must not be made the object of attack or reprisals.”
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).