Practice Relating to Rule 145. Reprisals
During discussions on reprisals in Committee I of the CDDH, Argentina welcomed the efforts of the French delegation with regard to the introduction of a provision on the prohibition of reprisals in the 1977 Additional Protocol I. It further noted that the French proposal “should perhaps be completed so as to ensure that excessive reprisals did not lead to counter-reprisals”.
Argentina’s Constitution (1994) provides for the competence of the President to order reprisals, with the authorization and approbation of the National Congress.
In the Priebke case
in 1995, Argentina’s Public Prosecutor of First Instance, dealing with Italy’s request to extradite the accused, stated, inter alia
, that writers had condemned the killing in reprisal of 330 civilians and prisoners of war carried out by German soldiers in the Ardeatine Caves in Italy during the Second World War and qualified this act as “a reprisal which violated the fundamental principles of humanity”.