相关规则
Australia
Practice Relating to Rule 146. Reprisals against Protected Persons
Section D. Civilians in the power of the adversary
Australia’s Commanders’ Guide (1994) refers to Article 33 of the 1949 Geneva Convention IV and states: “Protected persons, such as … civilians … should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212.
Australia’s Defence Force Manual (1994), in a provision entitled “Effects of occupation on the population”, states: “Measures for the control of the population which are prohibited include: … reprisals or collective penalties”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1221(c).
Australia’s LOAC Manual (2006) states: “Measures for the control of the population [in occupied territory] which are prohibited include … reprisals or collective penalties”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 12.39.
The manual also states: “Reprisals are never lawful if directed against any of the following [including] … protected persons and their property.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 13.19.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
