相关规则
South Africa
Practice Relating to Rule 145. Reprisals
Section D. Order at the highest authority of government
South Africa’s LOAC Manual (1996) states: “Reprisals are only permitted according to strict criteria. Decisions must be made at the highest level. Soldiers cannot take reprisals at their own initiative.”
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, § 34(e).
South Africa’s Revised Civic Education Manual (2004) states: “Decisions [of resorting to reprisals] must be made at the highest level. Soldiers cannot take reprisals at their own initiative.”
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(e).
South Africa’s LOAC Teaching Manual (2008) states:
Reprisals
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- Under customary international law, reprisals against persons and objects not protected against reprisals can be justified if the reprisals meet certain criteria, including the following:
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- Reprisals are acts of State and must be undertaken only at the highest government level.
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.
