Section F. Works and installations containing dangerous forces
Additional Protocol I
Article 56(4) of the 1977 Additional Protocol I provides: “It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 [namely dams, dykes and nuclear electrical generating stations] the object of reprisals.”
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 6 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that hostilities be conducted in accordance with Articles 48–58 of the 1977 Additional Protocol I.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.5 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that hostilities be conducted in accordance with Articles 48–58 of the 1977 Additional Protocol I.
UN Secretary-General’s Bulletin
Section 6.9 of the 1999 UN Secretary-General’s Bulletin, which deals under Section 6.8 with the protection of “installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations”, states: “The United Nations force shall not engage in reprisals against objects and installations protected under this section.”
ILC Draft Articles on State Responsibility
Article 50(1) of the 2001 ILC Draft Articles on State Responsibility, dealing with “Obligations not affected by countermeasures”, states: “Countermeasures shall not affect: … (c) Obligations of a humanitarian character prohibiting reprisals”.
Australia
Australia’s Commanders’ Guide (1994) provides: “No reprisals may be taken against the works or installations [containing dangerous forces].”
Referring,
inter alia, to Articles 51–56 of the 1977 Additional Protocol I, the manual further provides: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia
According to Australia’s Defence Force Manual (1994), “protected buildings and facilities … should not be the subject of reprisals”.
Australia
Australia’s LOAC Manual (2006) states:
G. P. I [1977 Additional Protocol I] extends the categories of persons and objects against whom reprisals are prohibited to [include] … works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Benin
Benin’s Military Manual (1995) states: “The following prohibitions must be respected: … to launch reprisals against protected persons and property.” It adds that reprisals “may only be used if: … they are carried out only against combatants and military objectives”.
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994), in a provision entitled “Laws and customs of war” dealing with the duties of and prohibitions for combatants, states: “It is prohibited to soldiers in combat: … to take hostages, to engage in reprisals or collective punishments”.
Cameroon
Cameroon’s Disciplinary Regulations (1975) states: “It is prohibited to soldiers in combat: … to engage in reprisals or collective punishments”.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states: “It is prohibited to soldiers in combat … to take hostages, to engage in reprisals or collective punishments”.
Canada
Canada’s LOAC Manual (1999), in a part dealing with targeting, provides: “No reprisals may be taken against dams, dykes, nuclear electrical generating stations, or legitimate targets located at or in the vicinity of such installations.”
In a part dealing with enforcement measures, the manual further states: “Reprisals against the following categories of persons and objects are prohibited: … j. works and installations containing dangerous forces”.
Canada
Canada’s LOAC Manual (2001) states in its chapter on targeting: “No reprisals may be taken against dams, dykes, nuclear electrical generating stations, or legitimate targets located at or near such installations.”
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual states:
4. Reprisals against the following categories of persons and objects are prohibited.
…
j. works and installations containing dangerous forces.
5. Reprisals are permitted against combatants and against objects constituting military objectives.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police): “The following prohibitions must be respected: … launching reprisals against protected … objects”.
Chad
Chad’s Instructor’s Manual (2006) states that “reprisals are prohibited against … specially protected … property”.
Congo
The Congo’s Disciplinary Regulations (1986), in a provision entitled “International conventions, laws and customs of war”, states: “According to the conventions adhered to by the Congo … it is prohibited [to soldiers in combat]: … to take hostages, to engage in reprisals or collective punishments”.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book IV (Instruction of heads of division and company commanders):
II.2.2. Works and installations containing dangerous forces
The expression means works (or installations) containing forces which, if released, can cause grave losses among the civilian population. They are mainly dams, dykes and nuclear electrical generating stations. … Reprisals against them are prohibited.
Croatia
Croatia’s LOAC Compendium (1991) provides for the prohibition of reprisals against “specifically protected … objects”.
France
France’s Disciplinary Regulations (1975), as amended, states: “By virtue of international conventions regularly ratified or approved: … it is prohibited [to soldiers in combat] … to take hostages, to engage in reprisals or collective punishments”.
France
France’s LOAC Manual (2001), in the chapter dealing with means and methods of warfare, states: “The law of armed conflict prohibits … the methods of warfare which consist in the recourse: … to reprisals against non-military objectives”.
The manual refers,
inter alia, to Articles 51–56 of the 1977 Additional Protocol I and states: “Reprisals are prohibited against … objects particularly protected”.
Germany
Germany’s Military Manual (1992), referring to Article 56(4) of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … works and installations containing dangerous forces”.
Germany
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … works and installations which constitute a source of danger”.
Hungary
Hungary’s Military Manual (1992) prohibits reprisals against “specifically protected … objects”.
Italy
Italy’s IHL Manual (1991), providing for the prohibition of reprisals against,
inter alia, “works and installations containing dangerous forces”, states: “The observance of international rules which expressly provide for the obligation to abide by them in any circumstances cannot be suspended by way of reprisals.”
Kenya
Kenya’s LOAC Manual (1997) states: “It is forbidden: … (e) to carry out reprisals against protected persons or property”.
In a chapter dealing with reprisals, the manual further provides that reprisals “are carried out only against combatants and military objectives … The Geneva Conventions and [the 1977 Additional Protocol I] prohibit reprisals against … works or installations containing dangerous forces”.
Madagascar
Madagascar’s Military Manual (1994) instructs soldiers not to take hostages and to refrain from all acts of revenge.
Netherlands
The Military Manual (1993) of the Netherlands, in the chapter dealing with reprisals and referring,
inter alia, to Article 56 of the 1977 Additional Protocol I, states: “Reprisals against dams, dikes and nuclear power plants are forbidden.”
Netherlands
The Military Manual (2005) of the Netherlands states:
In the history of warfare, reprisals carried out have often exceeded the set limits. This has led to the current prohibition, in the humanitarian law of war and specifically in AP I [1977 Additional Protocol I], of reprisals against several groups of people and objects.
The following are now forbidden as reprisals:
…
- attacks on dams, dikes and nuclear power stations.
In its chapter on behaviour in battle, the manual states: “It is prohibited to undertake reprisals against dams, dikes and power stations.”
In its chapter on the protection of the civilian population, the manual states that “reprisals against protected persons and their property are prohibited”.
New Zealand
New Zealand’s Military Manual (1992), referring to Article 56(4) of the 1977 Additional Protocol I, states: “Reprisals against the following categories of persons and objects are prohibited: … works and installations containing dangerous forces”.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
Protection of Works or Installations Containing Dangerous Forces ([1977] Additional Protocol [I] Article 56)
- “Works and installations containing dangerous forces” are works/installations whose attack may cause the release of dangerous forces and consequent severe losses of life and property of the civilian population, e.g. Dams, dykes and nuclear power stations.
- Such works and installations may not be made the object of attack.
- This prohibition even applies where such objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.
- Other military objectives located at or in the vicinity of these works or installations may also not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.
…
- It is prohibited to make any of the works, installations or military objectives mentioned above, the object of reprisals.
The manual also states:
Reprisals
…
- The LOAC [law of armed conflict] prohibits reprisals against the following:
…
- Specifically protected persons and objects[.]
Spain
Spain’s LOAC Manual (1996) lists “works and installations containing dangerous forces” among the persons and objects against whom/which the taking of reprisals is prohibited and refers to Article 56 of the 1977 Additional Protocol I.
Spain
Spain’s LOAC Manual (2007), referring to Article 56 of the 1977 Additional Protocol I, lists “works and installations containing dangerous forces” among the objects against which the taking of reprisals is prohibited.
Sweden
Sweden’s IHL Manual (1991), while noting that the Swedish IHL Committee strongly discourages even this possibility in view of its manifestly inhuman effect, states:
Under Additional Protocol I, reprisals are permitted only against military personnel. A state acceding to Additional Protocol I thereby accepts a limitation of its freedom to employ reprisals. The [Swedish International Humanitarian Law] Committee believes that this involves a considerable humanitarian advance.
Togo
Togo’s Military Manual (1996) states: “The following prohibitions must be respected: … to launch reprisals against protected persons and property.” It adds that reprisals “may only be used if: … they are carried out only against combatants and military objectives”.
Ukraine
Ukraine’s IHL Manual (2004) states: “Reprisals are prohibited against … objects enjoying special protection”.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides: “The Geneva Conventions and [the 1977 Additional Protocol I] prohibit reprisals against … works containing dangerous forces”.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
16.19. Additional Protocol I extends the categories of persons and objects against whom reprisals are prohibited to:
…
f. works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations.
The manual also restates the interpretative declaration made by the UK upon ratification of the 1977 Additional Protocol I.

The manual explains:
This means that reprisals taken in accordance with the statement are permissible by and against the United Kingdom. However, commanders and commanders-in-chief are not to take reprisal action on their own initiative. Requests for authority to take reprisal action must be submitted to the Ministry of Defence and require clearance at Cabinet level.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) states: “The laws of war prohibit reprisals against the following persons and objects: … buildings and installations containing dangerous forces (dams, dykes, nuclear power stations and similar)”.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides:
The Armed Forces of [the] Azerbaijan Republic, the appropriate authorities and governmental bodies, as an answer to the same actions of the adverse party to the conflict or to put an end to these all, don’t give opportunity to carry out any action which is considered to be [a] measure of pressure concerning … dangerous installations. During military operations in the condition of final necessity the measures taken compulsorily by the Armed Forces of [the] Azerbaijan Republic can’t be considered as such measures of pressure.
Colombia
Under Colombia’s Penal Code (2000), reprisals against protected persons and objects taken “in the event of and during armed conflict” are punishable offences.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
Italy
Italy’s Law of War Decree (1938), as amended in 1992, states: “Respect for rules adopted in order to comply with international conventions which expressly exclude reprisals cannot be suspended.”
Spain
Spain’s Penal Code (1995) provides:
[Shall be punished] whoever, in the event of an armed conflict: … attacks or makes the object of reprisals works or installations containing dangerous forces, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population, except if such works or installations are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.
Spain
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
…
f. … [R]eprisals [against] works and installations containing dangerous forces, if such attacks may cause the release of such forces and cause, as a result, considerable losses among the civilian population, except in the case that such works or installations are regularly used in significant and direct support of military operations and that such attacks are the only feasible means of ending such support;
…
2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
…
The accused’s position is stated to be that this Court has no jurisdiction to try him.
…
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
…
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
…
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
…
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
…
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
…
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
…
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
…
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
…
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
…
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
…
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
…
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the
Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
…
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of
usus and/or
opinio juris have not been met. See
Petane.

[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of
usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of
opinio juris.
Australia
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Colombia
At the CDDH, following the adoption of Article 20 of the 1977 Additional Protocol I, Colombia stated that it “was opposed to any kind of reprisals”.
Egypt
Upon ratification of the 1977 Additional Protocols I and II, Egypt stated:
The Arab Republic of Egypt, while declaring its commitment to respecting all the provisions of Additional Protocols I and II, wishes to emphasize, on the basis of reciprocity, that it upholds the right to react against any violation by any party of the obligations imposed by Additional Protocols I and II with all means admissible under international law in order to prevent any further violation.
Egypt
In its written statement submitted to the ICJ in the Nuclear Weapons case in 1995, Egypt stated:
Reprisals are prohibited against … installations containing dangerous forces … The prohibition applies in respect of all weapons. In consequence, they (i.e. protected persons and objects) can never become targets of any attack, including nuclear attacks.
Egypt
In its written comments on other written statements submitted to the ICJ in the Nuclear Weapons case in 1995, Egypt stated:
Reprisals are prohibited against protected persons and objects according to the Geneva Conventions of 1949 and their additional Protocols. This prohibition of reprisal is absolute and applies to the use of all weapons. In consequence, the protected persons and objects can never become targets of any attack, including nuclear attacks. The provisions of the Conventions and the Protocols carrying this prohibition of reprisals against protected persons and objects are considered declaratory of customary law.
France
Upon ratification of the 1977 Additional Protocol I, France made a reservation concerning works and installations containing dangerous forces, in which it stated:
The Government of France cannot guarantee absolute protection for works and installations containing dangerous forces, which can contribute to the war effort of the adverse party, or for the defenders of such installations. It will nevertheless take all necessary precautions in conformity with the provisions of Article 56, Article 57 paragraph 2 (a) (iii) and Article 85 paragraph 3 (c), in order to avoid severe collateral losses among the civilian population, including in the case of eventual direct attacks.
Germany
In 1990, in a parliamentary debate on the ratification of the 1977 Additional Protocols, a member of the German Parliament called the prohibition of reprisals as contained in the Additional Protocol I “newly introduced rules”.
Germany
Upon ratification of the 1977 Additional Protocol I, Germany declared:
The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
Italy
Upon ratification of the 1977 Additional Protocol I, Italy stated:
Italy will react to serious and systematic violations by an enemy of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.
Jordan
According to the Report on the Practice of Jordan: “The prohibition of belligerent reprisals against protected persons and property is viewed as customary law … In practice, Jordan never resorted to attacks by way of reprisal.”
Philippines
The Report on the Practice of the Philippines states: “Reprisals are generally prohibited.”
Poland
At the CDDH, Poland made a proposal for a draft article on reprisals within the 1977 Additional Protocol I – which it later withdrew – which read,
inter alia, as follows: “Insert a new article after [draft] Article 70 worded as follows: ‘Measures of reprisal against persons and objects protected by the Conventions and by the present Protocol are prohibited’.”
Solomon Islands
In 1994, in its written statement submitted to the ICJ in the Nuclear Weapons (WHO) case, Solomon Islands, referring to Articles 20, 51(6), 52(1), 53, 54(4), 55(2) and 56(4) of the 1977 Additional Protocol I, stated:
During hostilities, it is forbidden to resort to reprisals against … various categories of civilian property which are subject to special protection … The prohibition applies in respect of all weapons, including nuclear weapons. This rule had previously been established in a general manner by Art. 60(5) of the 1969 Vienna Convention of the Law of Treaties … A similar provision is set forth in paragraph 7 of the UN General Assembly resolution 2675 (XXV) … The prohibition of reprisals in these situations appears also in Principle 1, paragraph 6 of UN General Assembly resolution 2625 (XXV) on friendly relations. Even if, in that case, it relates to
jus ad (or
contra)
bellum rather than
jus in bello, it is nonetheless applicable to the second. It follows from the above that reprisals can, in no circumstances, be lawful against this category of targets.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states:
Means and methods of warfare
Even in war not everything is allowed. Various means and methods are prohibited, including … Reprisals against the civilian population or against non-military objectives[.]
…
Reprisals
International humanitarian law does not include any general prohibition of reprisals. There are however numerous provisions that prohibit specific types of reprisal … Also prohibited are reprisals against certain specific objects such as … installations that may cause a dangerous situation to occur (e.g. nuclear power stations and dams).
United Kingdom of Great Britain and Northern Ireland
In its written statement submitted to the ICJ in the Nuclear Weapons case in 1995, the United Kingdom stated:
To be lawful, a belligerent reprisal must meet two conditions. First, it must not be directed against persons or objects against which the taking of reprisals is specifically prohibited … Additional Protocol I prohibits the taking of reprisals against … works and installations containing natural forces (Article 56(4)). The application of these provisions would have a greater effect on the retaliatory use of nuclear weapons. Again, however, these provisions are correctly regarded as innovative and thus as inapplicable to the use of nuclear weapons.
United States of America
In 1987, in submitting the 1977 Additional Protocol II to the US Senate for advice and consent to ratification, the US President announced his decision not to ratify the 1977 Additional Protocol I, stating,
inter alia, that the Additional Protocol I “fails to improve substantially the compliance and verification mechanisms of the 1949 Geneva Conventions and eliminates an important sanction against violations of those Conventions”.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State stated that the United States did not support “the prohibition on reprisals in article 51 [of the 1977 Additional Protocol I] and subsequent articles” and did not consider it part of customary law. He added that it did not support Article 56 of the 1977 Additional Protocol I and that the United States did not consider it to be customary law.
United States of America
In its written statement submitted to the ICJ in the Nuclear Weapons case in 1995, the United States stated:
Various provisions of Additional Protocol I contain prohibitions on reprisals against specific types of persons or objects, including … works and installations containing dangerous forces (Article 56(4)). These are among the new rules established by the Protocol that … do not apply to nuclear weapons.
UN General Assembly
In 2001, the UN General Assembly adopted a resolution on the responsibility of States for internationally wrongful acts, to which the 2001 ILC Draft Articles on State Responsibility, and thus Article 50(1)(c) stating that “[c]ountermeasures shall not affect … obligations of a humanitarian character prohibiting reprisals”, were annexed. In the resolution, the General Assembly took note of the Draft Articles and commended them to the attention of governments “without prejudice to the question of their future adoption or other appropriate action”.
UN Commission of Experts Established pursuant to Security Council Resolution 780 (1992)
In 1994, in its final report on grave breaches of the Geneva Conventions and other violations of IHL committed in the former Yugoslavia, the UN Commission of Experts Established pursuant to Security Council Resolution 780 (1992), referring to Article 56(4) of the 1977 Additional Protocol I, stated: “Reprisals against the following categories of persons and objects are specifically prohibited: … (j) Works and installations containing dangerous forces.”
The Commission further stated:
In international armed conflicts to which the four Geneva Conventions and Additional Protocol I apply, lawful reprisals … must be directed exclusively against combatants or other military objectives subject to the limitations contained in the Geneva Conventions, Protocol I and customary international law of armed conflicts. In international armed conflicts where Additional Protocol I does not apply, reprisals may be directed against a much wider category of persons and objects, but subject to the limitations of customary international law of armed conflicts.
No data.
No data.
No data.
No data.
No data.