Practice Relating to Rule 147. Reprisals against Protected Objects
Section A. Civilian objects in general
Germany’s Military Manual (1992), in a chapter dealing with reprisals, referring to Article 33 of the 1949 Geneva Convention IV and Articles 51 of the 1977 Additional Protocol I, provides: “It is expressly prohibited by agreement to make reprisals against: … civilians … private property of civilians on occupied territory and of enemy foreigners on friendly territory.”
Referring to Article 33 of the 1949 Geneva Convention IV and Articles 20 and 51 of the 1977 Additional Protocol I, the manual further states: “Reprisals against the civilian population and its property … are prohibited.”
In a chapter entitled “Belligerent occupation”, the manual, referring to Article 33 of the 1949 Geneva Convention IV and Articles 20 and 51 of the 1977 Additional Protocol I, states: “Reprisals against civilians and their property are prohibited.”
Germany’s IHL Manual (1996) provides: “Reprisals are expressly prohibited against … the private property of civilians in occupied territories”.
In 1990, during 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 1977 Additional Protocol I “newly introduced rules”.
Upon ratification of the 1977 Additional Protocol I, Germany stated:
Te Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I and in particular its Articles 51 and 52 with all means admissible under international law in order to prevent any further violation.