• Source: Reprisal

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.




Etymology


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.




International law


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. ICRC’s Database of Customary International Humanitarian Law states in Rule 145: "Where not prohibited by international law, belligerent reprisals are subject to stringent conditions." "Counter-reprisals" are generally not allowed.




= World War I

=



1914 Portugal-Germany dispute

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.




= Irish War of Independence

=
During the Irish War of Independence reprisals were authorized by British authorities in areas of Ireland that were under martial law. From December 1920 until June 1921 approximately 150 "official" reprisals were carried out. In December 1920 the General Officer Commanding-in-Chief (Nevil Macready) informed the British Cabinet that Military Governors in martial law areas had been authorized to conduct reprisals in response to attacks on the military and police, under these conditions: Punishments will only be carried out on the authority of the Infantry Brigadier, who before taking action will satisfy himself that the people concerned were, owing to their proximity to the outrage or their known political tendencies, implicated in the outrage, and will give specific instructions in writing, or by telegram to the officer detailed to carry out the operation.




= World War II

=

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."
Both Rogers and Bennett write that "[s]tate practice in the Second World War was characterised by, among other factors, the doctrine of belligerent reprisal."




= Post-1945

=
After 1945, as a result of the general prohibition on use of force imposed by Article 2(4) of the United Nations Charter, armed reprisals in time of peace are no longer legal, but the possibility remains of non-armed reprisals (also known as countermeasures) as well as belligerent reprisals during hostilities when the law of international armed conflict (LOIAC) is violated.
In the case of belligerent reprisals, apart from the three factors in the Naulila case:

a warning must also be issued beforehand;
once the other party has stopped violation of LOIAC, belligerent reprisals must also be terminated;
and the decision to engage in belligerent reprisals must be taken by a competent authority.
All four Geneva Conventions prohibit reprisals against, respectively, battlefield casualties, shipwreck survivors, prisoners of war, and protected persons (civilian or military), as well as certain buildings and property. The 1977 AP 1 defines what is an "indiscriminate attack".




See also


Collective punishment
Letter of marque (license to hunt enemy ships and retake lost ships from the enemy)




References






= Citations

=




= Sources

=
Anderson, Kenneth (1999). "Reprisal killings". In Gutman, Roy; Rieff, David; Anderson, Kenneth (eds.). Crimes of War: What the Public Should Know . New York: W. W. Norton & Company. ISBN 9780393319149.
Bennett, John (2019). "Reaping the Whirlwind: The Norm of Reciprocity and the Law of Aerial Bombardment During World War II" (PDF). Melbourne Journal of International Law. 20: 1–44.
Brownlie, Ian (2008). Principles of Public International Law (7 ed.). New York: Oxford University Press. ISBN 978-0-19-921770-0.
Darcy, Shane (March 2003). "The Evolution of the Law of Belligerent Reprisals". Military Law Review. 175: 184–251.
Dinstein, Yoram (2004). The Conduct of Hostilities under the Law of International Armed Conflict. Cambridge: Cambridge University Press. ISBN 0-521-54227-8.
Hanke, Heinz Marcus (1993). "The 1923 Hague Rules of Air Warfare: A Contribution to the Development of International Law Protecting Civilians from Air Attack". International Review of the Red Cross. 33 (292): 12–44. doi:10.1017/S0020860400071370.
Rogers, A.P.V. (2012). Law on the Battlefield (3rd ed.). Manchester: Manchester University Press.
Shaw, Malcolm (2008). International Law (6th edn). Cambridge: Cambridge University Press. ISBN 978-0-521-72814-0.
• Source: Reprisal!

Reprisal! is a 1956 American Western film directed by George Sherman and starring Guy Madison, Felicia Farr and Kathryn Grant. The film's sets were designed by the art director Walter Holscher.




Plot


A man named Frank Madden (Guy Madison) buys a ranch near a small town. Greedy neighboring ranchers, the Shipleys, had been grazing their cattle on the ranch while it was setting empty. Madden hires American Indians to help him on the ranch. The townspeople resent him for this. The Shipleys also resent him because they can no longer graze their cattle on his land.
The old Indian, Matara, shows up on Madden's ranch; it becomes apparent that he is actually Madden's grandfather, as Madden is half Indian and has chosen to forsake that heritage to pass as white. He tells Matara to leave but, Matara convinces him to pretend he is his Indian houseman.
Shortly before Madden bought the ranch, the three Shipley brothers had killed the wife of an Indian man named Takola (Philip Breedlove) near a dead tree on the ranch. Takola, who had disappeared after his wife's murder, returns to the hanging tree and sees Madden and, mistaking Madden for one of the Shipleys, takes a shot at him. Madden is not hit and after a minor scuffle Takola tells him about what happened at the tree. Madden tells Takola that as far as he is concerned he never saw Takola there, the shot at him never happened and Takola should never return there.
Romantic feelings begin to blossom between Madden and Catherine Cantrell (Felicia Farr), daughter of the local land agent through whom Madden bought the ranch. Meanwhile, although the Shipleys supposedly hate American Indians, one of the Shipley brothers cheats on his wife with a young Indian woman named Taini (Kathryn Grant). Taini is one of the Indians whom Madden has befriended. This makes the Shipley brother jealous because he thinks that Taini is also having an affair with Madden, although this is not the case.
One Shipley brother sees Madden in the saloon and tries to pick a fight. Madden punches him and walks out into the street. Shipley follows him out of the saloon and calls him out. Madden refuses to turn around, thus daring Shipley to shoot him in the back. Shipley does not dare do this with the whole town watching and Madden walks away.
Takola catches the same Shipley brother, who threatened Madden in town, returning to the ranch one night and shoots him in the back. When Madden comes into town to buy supplies the next day the other Shipley brothers, having just brought their brother's body into town, accuse him of the murder because of the incident in the saloon. They try to shoot him down in the street, but the Sheriff stops them and arrests Madden. The Shipleys go to the saloon and, after several drinks, lead a mob to the jail to lynch Madden. The mob overpowers the Sheriff and begins to lead Madden to the nearest tree with Catherine and the Sheriff begging them to wait for a trial.
Before the mob goes much further, Taini steps in front of them and tells them that Madden could not possibly have shot anyone because he was with her the whole night. This is a lie, but the mob believes it and releases Madden. Catherine also believes it and leaves Madden standing in the street. Madden follows Catherine home and tries to convince her that Taini was lying, but she refuses to believe him because of Taini's bad reputation. As Madden walks down the street to get his belongings from the jail, his grandfather, Matara, arrives in a wagon. As Taini walks up to them, the grandfather shows Madden a pistol that he was going to use to defend Madden after he heard that he was in jail. The Shipley brothers open up on Madden, the grandfather and Tiani. Tiani is hit in the arm, the grandfather is shot in the chest and Madden picks up the pistol and shoots both Shipleys.
Matara dies in Madden's arms. Madden then announces to the whole town that it was his real grandfather and that Madden's American Indian name is Neola. Madden decides to sell the ranch and move on. The Sheriff arrives as he is about to leave and tells him that Taini revealed that she had learned that Takola had shot the Shipley brother and that she also revealed his location to the Sheriff, who had then arrested him. He also says that he will see that Takola gets a fair trial. He goes on to say that he hopes Madden comes back some day because most of the townspeople feel that they had wronged Madden. As Madden turns to ride away Catherine, dressed in traveling clothes, arrives on a horse and after a brief conversation the two ride off together. ````




Cast






References






Bibliography


William Hampes. Cowboy Courage: Westerns and the Portrayal of Bravery. McFarland, 2019.




External links


Reprisal! at IMDb

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