Table of Contents
Is collective punishment illegal in the US?
Collective punishment is prohibited, based on the fact that criminal responsibility can be attributed only to individuals. Respect for this principle can be ensured solely by establishing guarantees that protect judicial procedures.
What is the Geneva Convention law on collective punishment?
Article 33: Individual responsibility, collective penalties, pillage and reprisals. “No protected person may be punished for any offense he or she has not personally committed. Reprisals against protected persons and their property is prohibited.” Under the 1949 Geneva Conventions, collective punishment is a war crime.
What is the Geneva suggestion?
The Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities; these include the sick and wounded of armed forces on the field, wounded, sick, and shipwrecked members of armed forces at sea, prisoners of war, and civilians.
Is collective punishment legal in schools?
In 1977, the U.S. Supreme Court ruled in its Ingraham v. Wright decision that school corporal punishment is constitutional, leaving states to decide whether to allow it.
Can an individual violate the Geneva Convention?
Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention: willful killing, torture or inhumane treatment, including biological experiments. willfully causing great suffering or serious injury to body or health.
What is Article 9 of the Human Rights Act?
Article 9 protects your right to freedom of thought, belief and religion. For a belief to be protected under this article, it must be serious, concern important aspects of human life or behaviour, be sincerely held, and be worthy of respect in a democratic society.
Is Article 10 an absolute right?
The right to freedom of expression, protected in Article 10 of the European Convention, is not an absolute right. The test for such restrictions, set out in Article 10(2), is strict, and is applied rigorously by the Court.
What is Article 33 of the Geneva Convention?
Is collective punishment a violation of the law?
Collective punishment. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions. In times of war and armed conflict, collective punishment has resulted in atrocities, and is a violation of the laws of war and the Geneva Conventions.
Does international humanitarian law prohibit collective punishment?
Historically used as a deterrence tool by occupying powers to prevent attacks from resistance movements, collective punishments for acts committed by individuals during an armed conflict are prohibited by IHL against prisoners of war or other protected persons. International humanitarian law prohibits collective punishment…
Why do occupying powers use collective punishment to punish civilians?
Historically, occupying powers have used collective punishment to retaliate against and deter attacks on their forces by resistance movements (such as destroying entire towns and villages which were believed to have harboured or aided such resistance movements).
How were the Intolerable Acts seen as collective punishment?
The Intolerable Acts were seen as a collective punishment of Massachusetts for the Boston Tea Party . The principle of collective punishment was laid out by Union General William Tecumseh Sherman in his Special Field Order 120, November 9, 1864, which laid out the rules for his “March to the sea” in the American Civil War : V.