Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 140. The Principle of Reciprocity
In 2007, in the Lučić case, the Panel of the Court of Bosnia and Herzegovina stated:
[A]ccording to this provision [common Article 1 of the 1949 Geneva Conventions], the fact that the adversary engages in unlawful behaviour and persecutes or kills civilians cannot be a justification for similar and reciprocal conduct. Moreover, common Article 1 establishes an obligation to respect and to ensure respect “in all circumstances”, making the obligation unconditional and, in particular, not subject to the constraint of reciprocity. In truth, no circumstance can be invoked in support of any given breach of the obligations concerned. None of the legally recognized means apt to “remedy” the illegality of violations of international law, be it self-defence, recourse to counter-measures, consent of the victim or state of necessity, are of consequence or can be claimed as circumstances precluding wrongfulness in this particular field. This is because international humanitarian law escapes the general logic of reciprocity that normally prevails in the international legal system … As such fundamental rules may not be infringed in any circumstance, it follows that the Security Council cannot request States to implement sanctions in violation of humanitarian law. In other words, although Article 103 of the [UN] Charter asserts that the obligations of UN members under the Charter, thus including the duty under Article 25 [of the UN Charter] to accept and carry out the decisions of the Security Council, prevail over their obligations under any other international agreement, this provision [Article 103] cannot apply to “Geneva law” obligations. [The “Geneva law” obligations are] binding on States as well as on the UN itself, as these obligations stem from “intransgressible” norms that may never be justifiably contravened, neither by [States] nor by the [UN]. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Lučić case, Judgment, 19 September 2007, pp. 63–64.
[footnotes in original omitted]