相关规则
Netherlands
Practice Relating to Rule 146. Reprisals against Protected Persons
Section E. Civilians in general
The Military Manual (1993) of the Netherlands, in a chapter dealing with reprisals and referring to Article 51 of the 1977 Additional Protocol I, states: “Attacking the civilian population by measures of reprisal is forbidden.”
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. IV-6; see also p. V-5.
The Military Handbook (1995) of the Netherlands states: “Protected persons under the laws of war are: … personnel of civil defence organizations such as the fire brigade … civilians … Reprisals against them must not be taken.” It further states: “reprisals against the civilian population are prohibited”.
Netherlands, Handboek Militair, Ministerie van Defensie, 1995, pp. 7-38 and 7-43.
The Military Manual (2005) of the Netherlands states:
In the history of warfare, reprisals carried out have often exceeded the set limits. This has led to the current prohibition, in the humanitarian law of war and specifically in AP I [1977 Additional Protocol I], of reprisals against several groups of people and objects.
The following are now forbidden as reprisals:
…
- attacks on the civilian population or civilians.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0424.
In its chapter on behaviour in battle, the manual states: “Attacks on the civilian population or civilians by way of reprisals are prohibited.”
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0518.
In its chapter on the protection of the civilian population, the manual states that “reprisals against protected persons and their property are prohibited”.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0808.
In its chapter on non-international armed conflict, the manual states that “[i]t is prohibited in all circumstances to direct any form of reprisal against the civilian population or to waive fundamental guarantees as a form of reprisal”.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1048.
At the CDDH, the Netherlands introduced an amendment to draft Additional Protocol I on behalf of its sponsors (Austria, Egypt, Mexico, Netherlands, Norway, Philippines and USSR).
Austria, Egypt, Mexico, Netherlands, Norway, Philippines and USSR, New proposal concerning Article 47 draft Additional Protocol I submitted to the CDDH, Official Records, Vol. III, CDDH/III/57, 19 March 1974, p. 210.
The Netherlands stated:
In fact, reprisals could rarely be confined to civilian objects alone and the infliction of suffering on the civilian population would be virtually inevitable … The sponsors of the amendment were in favour of extending [the prohibition of reprisals against civilians] to a complete ban on all reprisals against the civilian population and civilian objects alike.
Netherlands, Statement at the CDDH, Official Records, Vol. XIV, CDDH/III/SR.14, 6 February 1975, pp. 113–114, § 26.
At the CDDH, during discussions on the protection of civilian objects, the Netherlands stated: “Reprisals on civilian populations were prohibited by international law.”
Netherlands, Statement at the CDDH, Official Records, Vol. XIV, CDDH/III/SR.16, 10 February 1975, p. 128, § 8.
