Practice Relating to Rule 103. Collective Punishments
New Zealand’s Military Manual (1992), referring to Articles 32–34 of the 1949 Geneva Convention IV, states: “The following are … prohibited: a. the punishment of a protected person for an offence not committed by him personally; b. collective penalties”.
The manual reproduces Article 75(2) of the 1977 Additional Protocol I.
With regard to the control of persons in occupied territory, the manual also states: “Impermissible measures of population control include: … punishments for acts of others, that is … collective penalties”.
The manual also states:
Until and during World War II, Occupying Powers occasionally sought to secure observance of the law of armed conflict by the inhabitants of the occupied territory by the imposition or threat of collective penalties. Such action was contrary to HR Art. 50, and any collective penalties are now expressly forbidden by [the 1949 Geneva Convention IV] Art. 33 and [the 1977 Additional Protocol I] Art. 75 (2)(d).
With regard to non-international armed conflicts, the manual states:
Although [the 1977 Additional Protocol II] contains no provisions relating to enforcement or punishment of breaches, it does contain a statement of fundamental guarantees prohibiting at any time and anywhere: … collective punishment.