See you in Den Hage
No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
Laws and Customs of War on Land (Hague IV); October 18, 1907, Article 50No 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.
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Part III : Status and treatment of protected persons, Section I : Provisions common to the territories of the parties to the conflict and to occupied territories, Article 33
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Part III : Status and treatment of protected persons, Section III: Occupied Territories, Article 53
International law also prohibits an occupying power from imposing collective punishment on the occupied population.
Amnesty International
For fourteen years, George Qumsieh, a stonecutter, worked to build a three-story stone home in the West Bank town of Beit Sahour. In February 1981, he and his family—his wife, four daughters, and three sons—moved into their new home. Nine months later, Israeli soldiers arrived at the home to arrest their youngest son, Walid, age fifteen. The army accused Walid of having thrown stones at an Israeli military vehicle four days earlier, in which a side window was broken. No soldiers were reported to have been injured in the incident.
The following day, and before the Shin Bet (General Security Service) had completed interrogating Walid, more troops arrived at the Qumsieh home. Ariel Sharon, the newly appointed Likud defense minister had promised an "iron fist" policy against Palestinians. Members of an Israeli engineering brigade placed the explosives and blew up the Qumsieh stone house. Months later, Walid was sentenced to seven years in jail based on the confession of his friends.
Under the 1949 Geneva Conventions, collective punishments are a war crime. Article 33 of the Fourth Convention states: "No protected person may be punished for an offense he or she has not personally committed," and "collective penalties and likewise all measures of intimidation or of terrorism are prohibited." Israel, however, does not accept that the Fourth Geneva Convention or the Additional Protocols apply to the West Bank de jure, but says it abides by the humanitarian provisions without specifying what the humanitarian provisions are.
Daoud Kuttab
Article 33 of the Fourth Geneva Convention forbids collective punishment and states that a person shall not be punished for an offense he or she has not personally committed. This article explicitly relates to administrative punishment imposed on persons or groups because of acts that they did not personally commit. Article 50 of the Hague Regulations states a comparable prohibition.
Comments
We might as well face it - the Geneva conventions are all part of the dead past. In practice, "collective punishment" and war against civilian populations is the way things are done - has been since ancient times, and certainly is these days. War is hell - get used to it.
Posted by: Freddy el Desfibradddoro | July 22, 2006 10:47 AM