Practice Relating to Rule 103. Collective Punishments
In its written statement submitted to the ICJ in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in 2004, Saudi Arabia stated:
[T]he Separation Wall constitutes a collective punishment that affects all Palestinians and makes no distinction between the civilian population at large and those that commit hostile acts, and thus clearly violates both the 1907 Hague Regulations and the Fourth Geneva Convention of 1949.
Article 33 of the Fourth Geneva Convention states:
“No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.”
Article 50 of the 1907 Hague Regulations likewise states:
“No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.”