Collective punishment refers to the imposition of penalties, sanctions, or punitive measures on a group of people – such as families, communities, ethnic groups, populations, or nations - as a whole, rather than on individuals who may be responsible for a specific offense. This practice is considered a violation of principles of justice and human rights, as criminal responsibility can be attributed only to individuals. The concept behind collective punishment is to hold an entire group accountable for the actions of a few individuals within that group.
In the context of International Humanitarian Law (IHL) and armed conflicts, collective punishment is explicitly prohibited. The Fourth Geneva Convention of 1949, which addresses the protection of civilians in times of war, specifically prohibits collective penalties and reprisals against civilians. According to the convention, the civilian population and individual civilians must be treated with humanity, and any form of collective punishment is considered a violation of these principles. Those who engage in such practices during armed conflicts may be held accountable for war crimes.
The prohibition on collective punishment is also reflected in other human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These legal documents emphasize the importance of individual responsibility and due process, discouraging the punishment of entire communities or populations for the actions of a few.
Examples of collective punishment can include imposing curfews, restricting movement, cutting off essential services or access to humanitarian aid to an entire community in response to the actions of a few individuals. Such measures can have severe humanitarian consequences and affect innocent civilians who have had no involvement in the alleged offenses. Under International Humanitarian Law, collective punishment is considered a violation of the laws and customs of war and can be classified as a war crime.