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Concept
Reprisal
Summary
A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1), reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants.
The word came from French, where it originally meant "act of taking back", for example, raiding back the equivalent of cattle lost to an enemy raid.
Reprisals refer to acts which are illegal if taken alone, but become legal when adopted by one state in retaliation for the commission of an earlier illegal act by another state. Counter-reprisals are generally not allowed.
An example of reprisal is the Naulila dispute between Portugal and Germany in October 1914, when they were on opposite sides of the World War I chasm. After three Germans were mistakenly killed in Naulila on the border of the then-Portuguese colony of Angola (in a manner that did not violate international law), Germany carried out a military raid on Naulila, destroying property in retaliation. A claim for compensation was brought by Portugal. The tribunal emphasized that before reprisals could be legally undertaken, a number of conditions had to be satisfied:
There had to be a previous act by the other party that violated international law.
Reprisals had to be preceded by an unsatisfied demand for reparation or compliance with the violated international law.
There must be proportionality between the offence and reprisal.
The German claim that it had acted lawfully was rejected on all three grounds.
Bennett writes that the events of World War II can be seen through either the prism of negative reciprocity or the prism of reprisal. If the latter, "the rules also required that reprisals be used ‘only as an unavoidable last resort to induce the enemy to desist from illegitimate practices’".
The official 1940 American Rules of Land Warfare stated that "commanding officers must assume responsibility for retaliative measures when an unscrupulous enemy leaves no other recourse against the repetition of barbarous outrages.
Official source
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