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2 - The Development of Belligerent Reprisals as an Enforcement Tool

Published online by Cambridge University Press:  12 December 2024

Francesco Romani
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
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Summary

Chapter 2 explains how belligerent reprisals have come to be interpreted as tools to induce compliance with the laws of armed conflict. It does so by highlighting three cumulative processes. First, it looks at the role that post–World War II tribunals, the ICTY and the ICRC have played in stressing the procedural elements of belligerent reprisals, emphasizing the highly formalized set of steps to be taken before the adoption of the measure while downplaying the retaliatory act itself. Then, it claims that the main thrust of this proceduralization lies in the creation of a regulatory framework that attributes a specific legal meaning to the retaliatory conduct and, by so doing, allows for an assimilation of belligerent reprisals with the notion of countermeasures. In turn, this analogy leads to the attribution to belligerent reprisals of a sanctioning character that protects the primary norm from the risk of persistent non-compliance. The outcome of these three processes is the attribution to belligerent reprisals of a chiefly coercive purpose, interested in inducing compliance with the laws of armed conflict and markedly influenced by the enforcement paradigm.

Type
Chapter
Information
Belligerent Reprisals from Enforcement to Reciprocity
A New Theory of Retaliation in Conflict
, pp. 67 - 112
Publisher: Cambridge University Press
Print publication year: 2024

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