Chapter 5 tackles the question of the applicability of belligerent reprisals in non-international armed conflict. After assessing the merits and difficulties associated with previous reflections on the topic, it devises a new methodology to approach the issue. Then, it puts the notion of belligerent reprisals in relation with the two features of inequality of status between States and non-State armed groups, and equality of rights and obligations for parties to non-international armed conflicts. A careful reading of the travaux préparatoires of Additional Protocol II to the 1949 Geneva Conventions upholds an interpretation that links belligerent reprisals with the latter principle, and that places reciprocity at the basis of both the applicability and the purpose of the measure in non-international armed conflicts. The chapter concludes with the impact of this formalization on such key questions as the requirement of imputability to a State of the original IHL violation and the actual features of the principle of equality. It suggests that the focus be shifted to the idea of equilibrium of rights and obligations, and that belligerent reprisals be seen as a key enabler of it.

Chapter 6 inquires into the legality and purposes of belligerent reprisals in non-international armed conflict. At the outset, it delves into the travaux préparatoires of Additional Protocol II to the 1949 Geneva Conventions to overcome the paucity of black-letter provisions on belligerent reprisals in this type of conflicts and identify relevant practice indicating which reprisals are prohibited (and which are permissible). Then, it looks into the work of several fact-finding commissions, mandated investigations and expert bodies addressing situations of non-international armed conflict (including those in Myanmar, South Sudan, Yemen and Syria) to gauge their formalization of the mechanism. The re-instatement of reciprocity in the functioning of belligerent reprisals emerges clearly from the purpose of evening out the legal and substantive imbalance brought about by enemy breaches. This analysis results in a novel understanding of belligerent reprisals as a tool concerned with the overall equilibrium in the legal relationship between parties to the conflict and aimed at remedying their inequality of status.