Practice Relating to Rule 148. Reprisals in Non-International Armed Conflicts
At the CDDH, in its explanation of vote concerning draft Article 10 bis
of the Additional Protocol II, the Australian delegation stated that it had abstained from voting because it considered that the article “did no more than prohibit in internal conflicts acts that violate the provisions of the Protocol and that the article was not concerned with reprisals”, whereas “many delegations interpreted the article as a prohibition of reprisals, which they claimed found no place in the law applicable to internal armed conflicts”. Australia further stated that delegations of other States “also saw the article as an interference with the sovereignty of the State”. The Australian delegation expressed its disappointment that the provision had not been acceptable to a majority of States.