ABSTRACT
This chapter examines collective punishment from the perspective of human rights law, in particular the European Convention on Human Rights. Unlike the law of armed conflict, there is no explicit prohibition of collective punishment under human rights law. However, collective punishment is mentioned in the context of states of emergency and derogation clauses, which hints at a fluent transition between times of armed conflict and times of peace. The chapter reviews existing human rights instruments and rights and principles related to collective punishment. These include the right to life, the prohibition of torture, the protection of property, the prohibition of discrimination, the principle of individual responsibility, group rights and minority rights. However, none of them is able to encompass the particular wrong done by collective punishment, the punishment of a group as such for an act (allegedly) committed by one of its members. This confirms the existence of a gap in human rights law. The chapter concludes with a review of the use of the term collective punishment in the case law of the European Court of Human Rights, revealing that the Court is aware of this notion and has not objected to its use.
