Practice Relating to Rule 146. Reprisals against Protected Persons
Section C. Medical and religious personnel in the power of the adversary
Italy’s IHL Manual (1991), providing for the prohibition of reprisals against protected medical personnel and protected persons, states: “The observance of international rules which expressly provide for the obligation to abide by them in any circumstances cannot be suspended by way of reprisals.”
Italy’s Law of War Decree (1938), as amended in 1992, provides: “Respect for rules adopted in order to comply with international conventions which expressly exclude reprisals cannot be suspended.”
Upon ratification of the 1977 Additional Protocol I, Italy stated:
Italy will react to serious and systematic violations by an enemy of the obligations imposed by Additional Protocol I … with all means admissible under international law in order to prevent any further violation.