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Old 10-17-2024, 12:59 PM   #9932
Pointman
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Quote:
Originally Posted by Fuzz View Post
FWIW I looked for a few definitions, and didn't find one that defines it the way you do, that is, only after a conflict. Do you have one?

https://en.wikipedia.org/wiki/Collective_punishment

https://guide-humanitarian-law.org/c...ve-punishment/

Please explain to me how these definitions do not apply. The people of Gaza are being collectively punished by Israel for the actions of Hamas. You say a side must have "given up" for it to be punishment, but that's just you saying stuff to avoid the actual definition.
The actual text of article 33 with official commentary. It talks about penal liability and "penalties".

https://ihl-databases.icrc.org/en/ih...958?activeTab=

' Prohibition of collective penalties '

The first paragraph embodies in international law one of the general principles of domestic law, i.e. that penal liability is personal in character



Similar point is in the article you quoted, even if it's not an official definition:

as defined by the Geneva Conventions (GCIV Art. 33).
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.

Last edited by Pointman; 10-17-2024 at 01:04 PM.
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