Germany
Practice Relating to Rule 147. Reprisals against Protected Objects
Germany’s Military Manual (1992), in a chapter dealing with reprisals, referring to Article 33 of the 1949 Geneva Convention IV and Articles 51 of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … civilians … private property of civilians on occupied territory and of enemy foreigners on friendly territory.”
Referring to Article 33 of the 1949 Geneva Convention IV and Articles 20 and 51 of the 1977 Additional Protocol I, the manual further states: “Reprisals against the civilian population and its property … are prohibited.”
In a chapter entitled “Belligerent occupation”, the manual, referring to Article 33 of the 1949 Geneva Convention IV and Articles 20 and 51 of the 1977 Additional Protocol I, states: “Reprisals against civilians and their property are prohibited.”
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … the private property of civilians in occupied territories”.
In 1990, during a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the 1977 Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany stated:
Te Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I and in particular its Articles 51 and 52 with all means admissible under international law in order to prevent any further violation.
Germany’s Military Manual (1992), referring to Article 46 of the 1949 Geneva Convention I, Article 47 of the 1949 Geneva Convention II and Article 20 of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … medical facilities and supplies”.
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … medical establishments and material”.
In its judgment in the
Dover Castle case in 1921, the German Reichsgericht held that the accused, the commander of a submarine from which a British hospital ship had been torpedoed, was in the circumstances of the case entitled to hold the opinion that the measures taken by the German authorities against foreign hospital ships were not contrary to international law but were legitimate reprisals. The accused had pleaded that in sinking the ship he had merely carried out an order of the German Admiralty, which, in the belief that the enemy utilized their hospital ships for military purposes in violation of the 1907 Hague Convention (X), issued a number of orders instructing the submarines to attack hospital ships as vessels of war.
In 1990, during a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the 1977 Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
Germany’s Soldiers’ Manual (1991) states: “Cultural property may never be made the object of reprisals.”
Germany’s Military Manual (1992), referring to Articles 52(1) and 53(c) of the 1977 Additional Protocol I, as well as to Article 4(4) of the 1954 Hague Convention for the Protection of Cultural Property, provides: “It is expressly prohibited by agreement to make reprisals against: … cultural objects”.
In another provision, the manual, referring to Articles 52(1) and 53(c) of the 1977 Additional Protocol I, as well as to Article 4(4) of the 1954 Hague Convention for the Protection of Cultural Property, provides: “It is prohibited to make cultural property the object of reprisals.”
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … cultural property”.
Germany’s Soldiers’ Manual (2006) states: “Cultural property may in no event be made the object of reprisals.”
In 1990, during a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the 1977 Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
In 1995, in response to a private inquiry, the Department of Legal Affairs of the German Ministry of Defence stated: “According to international conventional law, reprisals are expressly prohibited against … cultural property”.
Germany’s Military Manual (1992), referring, however, to Article 55(2) of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … objects indispensable to the survival of the civilian population”.
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … objects indispensable to the survival of the civilian population”.
In 1990, in a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
Germany’s Military Manual (1992), referring to Article 55(2) of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … the natural environment.”
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … the natural environment”.
In 1990, in a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
Germany’s Military Manual (1992), referring to Article 56(4) of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … works and installations containing dangerous forces”.
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … works and installations which constitute a source of danger”.
In 1990, in a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.