القاعدة ذات الصلة
South Africa
Practice Relating to Rule 146. Reprisals against Protected Persons
Section A. Captured combatants and prisoners of war
South Africa’s LOAC Manual (1996) states: “Soldiers who have surrendered or who are in the control of the enemy cannot be made the object of reprisal and must be protected.” It further provides: “Reprisals against the persons and property of prisoners of war … are prohibited.”
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 30 and 34(e).
South Africa’s Revised Civic Education Manual (2004) states: “Soldiers who have surrendered or who are in the control of the enemy cannot be made the object of reprisal”.
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 52.
The manual also prohibits reprisals against the persons or property of prisoners of war.
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(e).
South Africa’s LOAC Teaching Manual (2008) states:
Fundamental Norms and Values (rules)
The fundamental norms/val[u]es which underlie the LOAC [law of armed conflict] are:
…
- Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. They must be protected against all acts of violence and retaliation.
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, p. 16.
The manual also states:
Reprisals
…
- The LOAC prohibits reprisals against the following:
…
- POW [prisoners of war][.]
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 3, p. 194.
