Monday, January 13, 2025

Romani: Belligerent Reprisals from Enforcement to Reciprocity: A New Theory of Retaliation in Conflict

Francesco Romani
(Geneva Academy of International Humanitarian Law and Human Rights) has published Belligerent Reprisals from Enforcement to Reciprocity: A New Theory of Retaliation in Conflict (Cambridge Univ. Press 2024). Here's the abstract:
This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability.