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17.6.6 Prohibition on Offering of Rewards for Persons Dead or Alive. As duringinternational armed conflict, it is prohibited to offer a reward for enemy persons to be turnedover dead or alive. 107 On the other hand, as in international armed conflict, there is noprohibition against offering rewards for the apprehension of insurgents or for giving informationleading to the apprehension or killing of insurgents in combat. 10817.6.7 Prohibition on Collective Punishment. Collective punishments, whetheradministered by a court or through administrative measures, are prohibited. 109 Collectivepenalties are prohibited as a general matter. 11017.7 RULES ON CONDUCTING ATTACKS IN NIACParties to a conflict must conduct attacks in accordance with the principles of distinctionand proportionality. In particular, the following rules must be observed:• Combatants may not direct attacks against civilians, civilian objects, or other protectedpersons and objects. 111• The distinctive emblem must not be used while engaging in attacks. 112• Combatants must refrain from attacks in which the expected loss of life or injury tocivilians, and damage to civilian objects incidental to the attack, would be excessive inrelation to the concrete and direct military advantage expected to be gained. 113• Combatants must take feasible precautions in conducting attacks to avoid incidental harmto civilians and civilian objects. 114107 Refer to § 5.26.3.1 (Prohibition on Offering Rewards for Enemy Persons Dead or Alive).108 See 1958 UK MANUAL 116 note 1(b) (“If a government or military commander offers rewards for all orindividual armed insurgents killed or wounded by the forces engaged in quelling the insurrection, such offers areopen to the same objection as those set out above in respect of hostilities between belligerents, and are probableunlawful. On the other hand, there is no objection to offering rewards for the apprehension of insurgents or forgiving information leading to the apprehension or killing of insurgents in combat. A State is entitled to secure thecapture of armed rebels in order that they may be tried as such, or to kill or wound them in combat. However, theprobable effect of the common Art. 3, when applicable, is to prohibit inducements being given to troops, police orcivilians, to take the law into their own hands.”).109 Consider AP II art. 4(2) (“Without prejudice to the generality of the foregoing, the following acts against thepersons referred to in paragraph 1 [i.e., all persons who do not take a direct part or who have ceased to take part inhostilities, whether or not their liberty has been restricted,] are and shall remain prohibited at any time and in anyplace whatsoever: … b) collective punishments;”); BOTHE, PARTSCH & SOLF, NEW RULES 642 (AP II art. 4, 2.5)(“Paragraph 2 (b) prohibits ‘collective punishments’. The Committee had proposed ‘collective penalties’. Thechange of this wording was accepted in order to include not only penalties imposed by a court but also penaltiesimposed by administrative measures.”).110 Refer to § 8.16.2.1 (Individual Penal Responsibility and No Collective Punishment).111 Refer to § 5.6 (Discrimination in Conducting Attacks).112 Refer to § 17.16.2 (Improper Use of the Distinctive Emblem).113 Refer to § 5.12 (Proportionality in Conducting Attacks).1033

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