Germany, Federal Republic of
Practice Relating to Rule 148. Reprisals in Non-International Armed Conflicts
At the CDDH, the Federal Republic of Germany proposed an amendment to Article 8 of the draft Additional Protocol II which read, inter alia
: “Amend Article 8 to read: … 2. … (b) measures of reprisals against [all persons whose liberty has been restricted by capture or arrest for reasons in relation to the armed conflict] are prohibited”.
At the CDDH, in discussing the Finnish proposal to introduce an explicit prohibition of reprisals in the 1977 Additional Protocol II, the Federal Republic of Germany stated:
Was it advisable to use the word “reprisal” in draft Protocol II? Perhaps it would be possible to find another term where non-international armed conflicts were concerned. There were no objections from the legal point of view to the use of the word “reprisal”, but from the political point of view it could be inferred that its use gave the Parties to a conflict a status under international law which they had no right to claim. He suggested that another formulation, for example “measures of retaliation comparable to reprisals”, might not meet with the same objections.