Related Rule
Australia
Practice Relating to Rule 103. Collective Punishments
Under Australia’s Defence Force Manual (1994), collective penalties are expressly prohibited as measures for the control of the population of occupied territory.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 953 and 1221.
Australia’s LOAC Manual (2006) states:
The following acts are prohibited at any time and in any place whatsoever:
…
• collective punishments; and
…
• threats to commit any of the foregoing acts.
The manual also states, with regard to the general treatment of protected persons in both their own territory and occupied territory, that “collective punishment … [is] forbidden”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.46 and 9.58.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s War Crimes Act (1945) provides that the “imposition of collective punishment” is a war crime.
Australia, War Crimes Act, 1945, Section 3.
