Collective Punishment is Illegal

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Relevant Major Principles of International Law - (5) Collective Punishment is illegal because Civilians are Punished who were not Directly Responsible for the Crime:

RELEVANT PRINCIPLE OF INTERNATIONAL LAW

Even though military action is allowable if it is in self-defense (see point #1), it still must be limited just to targets that are directly involved in the original offensive action. The self-defensive response cannot punish people or property that are not directly involved in the original act of aggression. When innocent people or property are punished by a self-defensive military action - this is called "Collective Punishment", and it is forbidden by international law (see below for quotes) - it is a violation of the basic legal principle of "proportionality"(see point #4). This is why the article in the Geneva Conventions (1949) which forbids collective punishment also forbids pillaging and acting out of revenge. Such actions are considered to be generally beyond what would be necessary just to restore peace and security, which is what a purely self-defensive action would do.

RELEVANT LAWS & RESPONSES

As per International Law -
- Geneva Conventions IV (1949), article 33 (full text) (specific articles - see below)
- Geneva Conventions (Protocol I) (1977), article 75(2d) (full text) (specific articles - see below)
Israeli Violations -
- 5. Israel repeatedly practices collective punishment against Palestinian acts of rebellion wherein an entire community is punished for the actions of a few (more details).
International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -

RELEVANT QUOTES FROM TEXT

Geneva Conventions IV (1949), article 33:

Article 33. 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.

Pillage is prohibited.

Reprisals against protected persons and their property are prohibited.

Geneva Conventions (Protocol I) (1977), article 75(2d):

Article 75. Fundamental guarantees
- 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons.
- 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:
  - (a) violence to the life, health, or physical or mental well-being of persons, in particular:
    - (i) murder;
    - (ii) torture of all kinds, whether physical or mental;
    - (iii) corporal punishment; and
    - (iv) mutilation;
  - (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault;
  - (c) the taking of hostages;
  - (d) collective punishments; and
  - (e) threats to commit any of the foregoing acts.

REFERENCES

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