"As Falluja residents pick up the pieces after two days of US air and artillery strikes, a city official is saying that all the casualties in the attacks were civilian residents.
Mahmud al-Jarisi, Falluja city commissioner, told Aljazeera that sections of the city that faced US military positions had been evacuated and the neighbourhoods recently targeted were in the heart of Falluja and crowded with civilians." - Al Jazeera, Sept. 27, 2004
"Drawing a parallel between U.S. tactics in Iraq and Israeli actions in the Palestinian territories of the West Bank and Gaza Strip, President Ghazi Ajil Yawer said the U.S. strikes were viewed by the Iraqi people as "collective punishment" against towns and neighborhoods." - Continued U.S. Air Strikes Draw Criticism, Los Angeles Times, Sept. 29, 2004
"Section I. Provisions common to the territories of the parties to the conflict and to occupied territories
Art. 33. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited."
- Fourth Geneva Convention, art. 33, 1949. This treaty has been in effect in the U.S. since 1960.
Under the 1949 Geneva Conventions collective punishments are a war crime. Article 33 states: "No protected person may be punished for an offense he or she has not personally committed," and "collective penalties and likewise all measures of intimidation or of terrorism are prohibited."
"By collective punishment, the drafters of the Geneva Conventions had in mind the reprisal killings of World Wars I and II. In the First World War, Germans executed Belgian villagers in mass retribution for resistance activity. In World War II, Nazis carried out a form of collective punishment to suppress resistance. Entire villages or towns or districts were held responsible for any resistance activity that took place there. The conventions, to counter this, reiterated the principle of individual responsibility. The International Committee of the Red Cross (ICRC) Commentary to the conventions states that parties to a conflict often would resort to "intimidatory measures to terrorize the population" in hopes of preventing hostile acts, but such practices "strike at guilty and innocent alike. They are opposed to all principles based on humanity and justice."
"Wherefore, a civil authority which uses as its only or its chief means either threats and fear of punishment or promises of rewards cannot effectively move men to promote the common good of all. Even if it did so move them, this would be altogether opposed to their dignity as men, endowed with reason and free will. As authority rests chiefly on moral force, it follows that civil authority must appeal primarily to the conscience of individual citizens, that is, to each one's duty to collaborate readily for the common good of all." - Pacem in Terris, paragraph #48