Norma relacionada
Australia
Practice Relating to Rule 147. Reprisals against Protected Objects
Australia’s Commanders’ Guide (1994), referring, inter alia, to Articles 51–56 of the 1977 Additional Protocol I, states: “Protected persons, such as … civilians … as well as protected buildings and facilities should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212; see also Defence Force Manual, 1994, § 1311.
Australia’s Defence Force Manual (1994) provides: “Reprisals are prohibited against … civilian objects.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 920.
Australia’s LOAC Manual (2006) states: “Reprisals are prohibited against … civilian objects”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.21; see also § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
During the Second Reading Speech of the Geneva Conventions Amendment Bill 1990, the purpose of which was to amend the Geneva Conventions Act 1957 so as to enable Australia to ratify the 1977 Additional Protocol I, Australia’s Attorney-General stated:
He [the shadow Attorney-General] called in particular for a reservation on the prohibition on reprisals contained in the protocol. A reservation on reprisals would not be accepted by some countries. A reservation would operate reciprocally between Australia and a future enemy also party to the protocol. If we did that, it would reduce the level of protection afforded by the protocol to Australian civilians and civilian objects.
None of the 99 countries which have become party to the protocol have seen the need to make such a reservation – not one of them. The prohibition on reprisals in the protocol is not a total prohibition. Reprisals are prohibited against civilians, cultural objects and places of worship, objects indispensable to the survival of the civilian population, the environment, dams, dykes and nuclear electrical generating stations containing dangerous forces. The prohibition on reprisals represents an important development in protection of civilians against the horrors of modern warfare.
Australia, House of Representatives, Attorney-General, Geneva Conventions Amendment Bill 1990: Second Reading Speech, Hansard, 12 February 1991.
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
The Report on the Practice of Australia expressly names open towns, undefended areas, demilitarized zones and humanitarian corridors among the protected objects against which reprisals are prohibited.
Report on the Practice of Australia, 1998, Chapter 2.9.
Australia’s Commanders’ Guide (1994), referring, inter alia, to Article 46 of the 1949 Geneva Convention I, Article 47 of the 1949 Geneva Convention II and Article 20 of the 1977 Additional Protocol I, states: “Protected buildings and facilities should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212.
Australia’s Defence Force Manual (1994) provides: “Reprisals against … medical personnel, buildings and equipment are forbidden.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 985.
In another provision, the manual further states: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states: “Reprisals against … medical personnel, buildings and equipment are forbidden.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.90.
The manual also states: “Reprisals are never lawful if directed against any of the following [including] … medical units, establishments and transports”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.19.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
Australia’s Commanders’ Guide (1994), under the heading “Protection of Cultural Objects and Places of Worship”, provides:
LOAC … extends immunity [from attack] to cultural property of great importance to cultural heritage. This is irrelevant of origin, ownership or whether the property is movable or immovable. LOAC requires such property to be protected, safeguarded and respected and not made the object of reprisals.
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 961.
Referring, inter alia, to Articles 51–56 of the 1977 Additional Protocol I, as well as to Article 4 of the 1954 Hague Convention for the Protection of Cultural Property, the manual further states: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212.
Australia’s Defence Force Manual (1994) states:
Historic monuments, places of worship and works of art, which constitute the cultural and spiritual heritage of peoples, are protected from acts of hostility. These objects must not be … the subject of reprisals.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 928.
The manual further states: “[P]rotected buildings and facilities … should not be the subject of reprisals.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states: “Historic monuments, places of worship and works of art, which constitute the cultural and spiritual heritage of peoples, are protected from acts of hostility. These objects must not be … the subject of reprisals.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.29; see also § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
Australia’s Commanders’ Guide (1994), referring, inter alia, to Articles 51–65 of the 1977 Additional Protocol I, states: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212.
Australia’s Defence Force Manual (1994) states: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states:
G. P. I [1977 Additional Protocol I] extends the categories of persons and objects against whom reprisals are prohibited to [include] … objects indispensable to the survival of the civilian population such as foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
Australia’s Defence Force Manual (1994) states: “Attacks against the environment by way of reprisals are prohibited.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 545(f).
Australia’s LOAC Manual (2006) states: “Attacks against the environment by way of reprisal are prohibited.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.50.
The manual also states “G. P. I [1977 Additional Protocol I] extends the categories of persons and objects against whom reprisals are prohibited to [include] … the natural environment”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
Australia’s Commanders’ Guide (1994) provides: “No reprisals may be taken against the works or installations [containing dangerous forces].”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 962.
Referring, inter alia, to Articles 51–56 of the 1977 Additional Protocol I, the manual further provides: “Protected buildings and facilities … should not be the subject of reprisals.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1212.
According to Australia’s Defence Force Manual (1994), “protected buildings and facilities … should not be the subject of reprisals”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1311.
Australia’s LOAC Manual (2006) states:
G. P. I [1977 Additional Protocol I] extends the categories of persons and objects against whom reprisals are prohibited to [include] … works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1991, in briefing notes prepared for a debate on the Geneva Convention Amendment Bill in Australia’s House of Representatives, the Australian Department of Foreign Affairs and Trade expressed the view that:
The extension in [the 1977 Additional Protocol I of the prohibition of reprisals] is to civilian, cultural and other non-military objects. It was felt that an Australian reservation on this point, while leaving the way open for us to use such reprisals, would not only allow Australia to be portrayed as barbaric but also leave such Australian objects open to attack in enemy reprisals, in return for very little military advantage. This is now a settled Australian Defence Force view.
Australia, Department of Foreign Affairs and Trade, Minute on the Geneva Protocols, File 1710/10/3/1, 13 February 1991, § 5.
