Concept

Collective punishment

Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because individuals who are not responsible for the wrong acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility. The punished group may often have no direct association with the perpetrator other than living in the same area and can not be assumed to exercise control over the perpetrator's actions. Collective punishment is prohibited by treaty in both international and non-international armed conflicts, more specifically Common Article 3 of the Geneva Conventions and Additional Protocol II. When collective punishment has been imposed it has resulted in atrocities. Historically, occupying powers have used collective punishment against resistance movements. In some cases entire towns and villages believed to have harboured or aided such resistance movements have been destroyed. Occupying powers have claimed that collective punishment can be justified by necessity as a deterrent. Another view is that it is a retaliatory act prohibited under the laws of war. The Hague Conventions are often cited for guidelines concerning the limits and privileges of an occupiers rights with respect to the local (occupied) property. One of the restrictions on the occupier's use of natural resources is the Article 50 prohibition against collective punishment protecting private property. An exception exists allowing takings for military uses with the requirement that the property "must be restored and compensation fixed when peace is made". According to Médecins Sans Frontières: International law posits that no person may be punished for acts that he or she did not commit. It ensures that the collective punishment of a group of persons for a crime committed by an individual is forbidden...This is one of the fundamental guarantees established by the Geneva Conventions and their protocols.

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