Related Rule
Australia
Practice Relating to Rule 145. Reprisals
Section C. Proportionality of reprisals
Australia’s Defence Force Manual (1994) and Commanders’ Guide (1994) state: “In any case, reprisals must be timely, responsive to the enemy’s conduct [and] proportional.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1310; Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1211.
Australia’s LOAC Manual (2006) states:
In order to qualify as a legitimate reprisal, an act must comply with the following conditions when employed … [including] … A reprisal must be in proportion to the original violation. Whilst a reprisal need not conform in kind to the act complained of, it may not significantly exceed the adverse party’s violation either in degree or effect. Effective but disproportionate acts cannot be justified as reprisals on the basis that only an excessive response will forestall further violations.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.18.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
