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Research Article | Volume 5 Issue 1 (March, 2026) | Pages 7 - 21
The Legal Basis for Protecting Human Rights from Collective Punishment: (An Analytical Study in Light of International and National Laws)
1
Assistant Lecturer, Al-Furat Al-Awsat Technical University ,Al-Najaf Technical Institute/ Department of Forensic and Judicial Evidence Techniques
Under a Creative Commons license
Open Access
Received
Nov. 15, 2025
Revised
Dec. 23, 2025
Accepted
Dec. 26, 2025
Published
Jan. 2, 2026
Abstract

The prohibition of collective punishment is a pillar of the international justice system during times of peace and war. It serves as a moral and legal safeguard aimed at preventing intimidation and indiscriminate punishment, thereby ensuring the international order remains founded on justice and the rule of law. This research examines the impact of prohibiting collective punishment in upholding the legal and moral guarantees for human rights and a pivotal principle in International Humanitarian Law (IHL). It highlights that collective punishment violates the principle of individual criminal responsibility, whereby individuals are punished for acts they did not commit. This is explored through the research's review of legal texts, particularly the Geneva Conventions, which explicitly prohibit collective punishment and all measures of intimidation. The research discusses the importance of this prohibition in protecting protected persons and civilians during times of armed conflicts or occupation, which prevents the creation of a vicious cycle of violence and impunity, thus supporting the rule of law and the protection of civilians. 

Keywords
Collective Punishment
Human Rights
Principle of Individual Responsibility
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