Practice Relating to Rule 148. Reprisals in Non-International Armed Conflicts
At the CDDH, the Belgian delegation stated that it “regretted that [draft] Articles 6 to 8 [of Additional Protocol II] did not include a strict prohibition of reprisals. The term was doubtless less important than the deed.” The Belgian delegation also stated:
The words ‘are, and shall remain prohibited at any time and at any place whatsoever’ which already appeared in Article 3 common to the four Geneva Conventions of 1949 … should serve as a rule of conduct and an absolute prohibition of recourse to reprisals in the Articles of Part II.
The Belgian delegation announced that it would abstain from voting on draft Article 10 bis
of the Additional Protocol II. However, as to the fundamental guarantees within draft Additional Protocol II, the Belgian delegation stated: “The question of reprisals could not arise, since under the terms of that article, persons who did not take a direct part or who had ceased to take part in hostilities, were in all circumstances to be treated humanely.”