Practice Relating to Rule 146. Reprisals against Protected Persons
Section D. Civilians in the power of the adversary
Australia’s Commanders’ Guide (1994) refers to Article 33 of the 1949 Geneva Convention IV and states: “Protected persons, such as … civilians … should not be the subject of reprisals.”
Australia’s Defence Force Manual (1994), in a provision entitled “Effects of occupation on the population”, states: “Measures for the control of the population which are prohibited include: … reprisals or collective penalties”.
Australia’s LOAC Manual (2006) states: “Measures for the control of the population [in occupied territory] which are prohibited include … reprisals or collective penalties”.
The manual also states: “Reprisals are never lawful if directed against any of the following [including] … protected persons and their property.”
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).