相关规则
Germany
Practice Relating to Rule 147. Reprisals against Protected Objects
Section D. Objects indispensable to the survival of the civilian population
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, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 479.
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … objects indispensable to the survival of the civilian population”.
Germany, ZDv 15/1, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, DSK VV230120023, Bundesministerium der Verteidigung, June 1996, § 320.
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”.
Germany, Lower House of Parliament, Speech by Günter Verheugen, Member of Parliament, 20 September 1990, Plenarprotokoll 11/226, p. 17919.
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, Declarations made upon ratification of the 1977 Additional Protocol I, 14 February 1991, § 6.
