Collective Punishment under the Law of War

Authors

  • Dr. Sarab Thamer Ahmed Lecturer in college of law, University of Thi-qar, Teacher international organizations

DOI:

https://doi.org/10.31150/ajshr.v5i2.2667

Keywords:

-

Abstract

This article explores the concept of Collective Punishment, which contravenes the principles of International Humanitarian law by serving as a means to penalize individuals for actions they did not individually commit. Based on this article, it is evident that accountability should be considered completely individual and cannot be attributed to the whole population. The origin of the a prohibition of collective punishment may be traced back to the 1907 Hague Regulations, which are widely recognized as a part of Customary international law.

References

Applying the APIⅡ' prohibition of Collective Punishment requires the existence of an armed conflict in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which under responsible Command, exercise such control over a part of its territory as to enable them to Carryout sustained and concerted military operations" See Art 11/APII

articles 75/4/6 and f5/2/d of the first additional Protocol of 1977. Relating to the Protection of victims of International Armed Conflicts

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Geneva Convention IV Relative to the Protection Civilian persons in Time of ‎‫ ‬‎ war1949‬‬‬‬

https://en.m.wikipedia. Org

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justice, UN expert, 17 of July, 2020.See also Articles 48-56 API

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see Article 27 paragraph 1 J

Shame Darcy, the prohibition of Collective Punishment, Op. cit, p2]

the fourth Geneva Convention Relative to the protection of Civilian Persons in Times of War, 1949

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Published

2024-02-09

How to Cite

Ahmed, D. S. T. . (2024). Collective Punishment under the Law of War. American Journal of Social and Humanitarian Research, 5(2), 27–32. https://doi.org/10.31150/ajshr.v5i2.2667

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Articles