Practice Relating to Rule 103. Collective Punishments
The Military Manual (1993) of the Netherlands reproduces the prohibition of collective punishments found in Article 75 of the 1977 Additional Protocol I and Article 4 of the 1977 Additional Protocol II.
The Military Manual (2005) of the Netherlands states that “collective punishments … are forbidden”.
In its chapter on the protection of prisoners of war, the manual states: “Collective punishments are also prohibited.”
In its chapter on the protection of the civilian population, the manual states that “[c]ollective penalties … are prohibited”.
The manual refers to collective punishment as an act that is “prohibited at all times
(emphasis in original)
In its chapter on non-international armed conflict, the manual states:
It is expressly prohibited to carry out the following acts against the civilian population or individual civilians, wounded, sick or prisoners:
- collective punishments;
- threatening anyone with the above-mentioned acts or treatment.
In its chapter on peace operations, under the heading “Protection and treatment of civilians”, the manual states: “Any form of physical violence, hostage-taking, collective punishments or threats of these are strictly prohibited.”