Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I

Moir, Lindsay

Abstract

Belligerent reprisals are a largely discredited method for the enforcement of international humanitarian law, which have been progressively limited and prohibited. Additional Protocol I of 1977 prohibits reprisals against enemy civilians but the United Kingdom lodged a reservation upon its ratification of the Protocol reserving the right to engage in reprisal activity against enemy civilians in certain circumstances. This article assesses the permissibility of the United Kingdom’s reservation according to the regulatory framework set out in the 1969 Vienna Convention on the Law of Treaties, which provides that a reservation is not permissible if it is incompatible with the object and purpose of the treaty. It then considers the possible legal effects of the reservation should it be determined to be impermissible.

Citation

Moir, L. (2023). Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I. The Military Law and the Law of War Review, 61(2), 125-159. https://doi.org/10.4337/mllwr.2023.02.01

• Journal Article Type: Article
• Acceptance Date: Nov 6, 2023
• Online Publication Date: Mar 1, 2024
• Publication Date: Dec 31, 2023
• Deposit Date: Nov 30, 2023
• Publicly Available Date: Jul 1, 2024
• Journal: The Military Law and the Law of War Review
• Print ISSN: 1370-6209
• Publisher: Edward Elgar Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 61
• Issue: 2
• Pages: 125-159
• DOI: https://doi.org/10.4337/mllwr.2023.02.01
• Keywords: International humanitarian law; belligerent reprisals; civilian protection; United Kingdom; Additional Protocol I; treaty reservations; object and purpose of a treaty; effect of impermissible reservation
• Public URL: https://hull-repository.worktribe.com/output/4460120