Practice Relating to Rule 88. Non-Discrimination
New Zealand’s Military Manual (1992) states that the principle of non-discrimination is one of the key principles of the law of armed conflict. It states: “The law is to be applied without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.”
The manual further states: “All protected persons must be treated with the same consideration, without any adverse distinction based, in particular, on race, religion or political opinion.”
The manual also emphasizes the principle of non-discrimination with regard to non-international armed conflicts, and provides that the 1977 Additional Protocol II “is to apply without any adverse distinction founded on race, colour, sex, language, religion or other opinion, national or social origin, wealth, birth or other status or any other similar criteria”. It adds:
All persons not participating in the conflict or who have ceased so to do are entitled, whether under restriction or not, to respect for their persons, honour and convictions, and religious practices and are, in all circumstances, to be treated humanely and without adverse distinction.
Under New Zealand’s International Crimes and ICC Act (2000), crimes against humanity include the crime defined in Article 7(1)(h) of the 1998 ICC Statute.
New Zealand’s Military Manual (1992) provides: “Protected persons must receive equal treatment without any adverse distinction based on race, religion or political opinion.”
New Zealand’s Military Manual (1992), under the heading “Adverse discrimination prohibited”, recalls:
By Article 16 of [the 1949 Geneva Convention III], subject to differences in treatment based on rank, sex, or health, all prisoners are to be treated alike without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
New Zealand’s Military Manual (1992) provides that “practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination”, when committed wilfully, are grave breaches of the 1949 Geneva Conventions or of the 1977 Additional Protocol I.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
Under New Zealand’s International Crimes and ICC Act (2000), crimes against humanity include the crime defined in Article 7(1)(j) of the 1998 ICC Statute.