Related Rule
Australia
Practice Relating to Rule 146. Reprisals against Protected Persons
Australia’s Commanders’ Guide (1994) states: “Protected from the moment of their surrender or capture, PW [prisoners of war] and PW camps must not be made the objects of … reprisals.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 414.
The Guide further refers to Article 13 of the 1949 Geneva Convention III and states: “Protected persons … 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 dealing with prisoners of war, provides: “Protected from the moment of their surrender or capture, prisoners of war must not be made the object of attack or reprisals.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 519.
In a chapter entitled “Prisoners of war and detained persons”, the manual states: “The fundamental rules for the treatment of PW [prisoners of war] are: … reprisals against them are prohibited.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1002(c).
The manual also states: “Reprisals may be justified but only against military objectives.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1309.
In another provision, the manual states: “Protected persons … should not be the subject of reprisals.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states: “Protected from the moment of their surrender or capture, PW [prisoners of war] must not be made the object of attack or reprisals.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.20; see also §§ 10.2 and 13.19.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Commanders’ Guide (1994), 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, states: “Protected persons, such as … wounded and sick … 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) provides: “Reprisals against the wounded, sick, shipwrecked … are forbidden.” It further states: “Protected persons, such as … wounded and sick … should not be the subject of reprisals.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 985 and 1311.
Australia’s LOAC Manual (2006) states: “Reprisals against the wounded, sick, [and] shipwrecked … are forbidden.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.90; see also § 13.19.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Commanders’ Guide (1994), 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, states: “Protected persons, such as medical personnel … 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) provides: “Reprisals against … medical personnel … are forbidden.” It also states: “Protected persons, such as medical personnel … should not be the subject of reprisals.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 985 and 1311.
Australia’s LOAC Manual (2006) states: “Reprisals are never lawful if directed against any of the following [including] … medical personnel.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.19; see also § 9.90.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
At the CDDH, Australia proposed an amendment to Article 20 of the draft Additional Protocol I which read: “Measures in the nature of reprisals against the persons and objects protected by this Part are prohibited.” 
Australia, New proposal concerning Article 20 of draft Additional Protocol I submitted to the CDDH, Official Records, Vol. III, CDDH/II/214, 13 February 1975, p. 97.
However, the Australian delegation noted: “The law concerning reprisals was far from settled and it might be found not to be applicable to peoples fighting wars of self-determination to which draft [Additional Protocol I] had now been extended.” 
Australia, Statement at the CDDH, Official Records, Vol. XI, CDDH/II/SR.23, 24 February 1975, § 13.
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).
Australia’s Commanders’ Guide (1994) provides: “Specific prohibitions dictate that civilians are not to be made the express object of an attack or reprisal.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 604.
In another provision, the manual refers to Articles 51–56 of the 1977 Additional Protocol I 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) provides: “Reprisal actions against civilians are … prohibited.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 531.
In another provision, the manual states: “Reprisals against civilians … are prohibited.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 920.
The manual further provides: “Protected persons, such as … civilians … should not be the subject of reprisals.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states: “Reprisal actions against civilians are … prohibited”. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.35; see also § 9.21.
The manual further states: “G. P. I [1977 Additional Protocol I] extends the categories of persons and objects against whom reprisals are prohibited to [include] … civilians and the civilian population”. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
During the Second Reading Speech of the Geneva Conventions Amendment Bill 1990, the purpose of which was to amend the Geneva Conventions Act 1957 so as to enable Australia to ratify the 1977 Additional Protocol I, Australia’s Attorney-General stated:
He [the shadow Attorney-General] called in particular for a reservation on the prohibition on reprisals contained in the protocol. A reservation on reprisals would not be accepted by some countries. A reservation would operate reciprocally between Australia and a future enemy also party to the protocol. If we did that, it would reduce the level of protection afforded by the protocol to Australian civilians and civilian objects.
None of the 99 countries which have become party to the protocol have seen the need to make such a reservation – not one of them. The prohibition on reprisals in the protocol is not a total prohibition. Reprisals are prohibited against civilians, cultural objects and places of worship, objects indispensable to the survival of the civilian population, the environment, dams, dykes and nuclear electrical generating stations containing dangerous forces. The prohibition on reprisals represents an important development in protection of civilians against the horrors of modern warfare. 
Australia, House of Representatives, Attorney-General, Geneva Conventions Amendment Bill 1990: Second Reading Speech, Hansard, 12 February 1991.