Collective Punishment War Crime

Collective Punishment War Crime - The imposition of collective penalties was considered a war crime in the report of the commission on responsibility set up after the first world war. The customary nature of this rule, already applicable during the second world war, was affirmed by the military tribunal of rome in the priebke case in 1997. Collective punishment includes all measures of intimidation, terrorism, pillaging, destruction of property, and the targeting of civilian communities.

Under the 1949 geneva conventions, collective punishment is a war crime. By collective punishment, the drafters of the geneva conventions had in mind the reprisal killings of world war i and world war ii. In the first world war, the germans executed belgian villagers in mass retribution for resistance activity during the rape of belgium. International humanitarian law prohibits collective punishment of prisoners of war or other protected persons for acts committed by individuals during an armed conflict. The imposition of collective punishment is a war crime. In the appeals chambers view (para. 224), collective punishment is a specific intent crime that has two material elements: (1) the indiscriminate punishment imposed collectively on persons for omissions or acts for which some or none of them may or may not have been responsible actus reus. 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.

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(1) the indiscriminate punishment imposed collectively on persons for omissions or acts for which some or none of them may or may not have been responsible actus reus. 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. Reprisals against protected persons and their property are prohibited.

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