Article

Legal regulation of belligerent reprisals in international humanitarian law : historical developement and present status

Brian Sang YK

• African yearbook on international humanitarian law, 2012, p. 134-184

English

This author discusses the ongoing debate over the place of belligerent reprisals in international humanitarian law, and proposes reforms that would allow for the more measured use of such reprisals. Belligerent reprisals are otherwise illegal actions, taken by an aggrieved state only after a prior violation of the law of war by a second state or a non-state actor, in an attempt to coerce the offending party into changing its conduct. Despite a long-standing history, belligerent reprisals remains highly controversial, with some arguing that their usage leads to immorality and war crimes. Belligerent reprisals were heavily proscribed by the 1977 additional protocols to the Geneva Convention, which banned their use against civilians, civilian objects, cultural property, the natural environment and more. However, many states continue to argue that belligerent reprisals are the only effective recourse against an adversary who intentionally disregards the laws of war, and especially against modern phenomenons such as terrorism. The author concludes by suggesting international law incorporate change to belligerent reprisals. His new conception of belligerent reprisals would place fundamental stress on basic principles such as proportionality, fair notice, and the usage of reprisals only as a last resort. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• African yearbook on international humanitarian law
• African yearbook on international humanitarian law [2012]