Hague Regulations (1899)
Article 50 of the 1899 Hague Regulations provides: “No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible.”
Geneva Convention III
Article 26, sixth paragraph, of the 1949 Geneva Convention III states: “Collective disciplinary measures affecting food are prohibited.”
Geneva Convention III
Article 87, third paragraph, of the 1949 Geneva Convention III provides that “[c]ollective punishment for individual acts” is forbidden.
Geneva Convention IV
Article 33, first paragraph, of the 1949 Geneva Convention IV provides: “Collective penalties … are prohibited.”
Additional Protocol I
Article 75(2)(d) of the 1977 Additional Protocol I provides: “The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: … collective punishments”.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Articles 75(2)(d). Article 75 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 250.
Additional Protocol II
Article 4(2)(b) of the 1977 Additional Protocol II provides: “The following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever: … collective punishments”.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(2)(b). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
Kampala Convention
The 2009 Kampala Convention lists prohibited categories of arbitrary displacement, including “displacement used as a collective punishment”.
UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Paragraph 5 of the 1974 UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict provides:
All forms of repression … of women and children, including … collective punishment … committed by belligerents in the course of military operations or in occupied territories, shall be considered criminal
ILC Draft Code of Crimes against the Peace and Security of Mankind (1991)
Article 22(2)(a) of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind, states that “collective punishment” is an exceptionally serious war crime and a serious violation of the principles and rules of international law applicable in armed conflict.