We have all experienced it: one student misbehaves and the entire class loses privileges. Or perhaps a single colleague’s mistake leads to extra work for the whole team. While these scenarios are common in schools and workplaces, could they technically be considered “war crimes” under the 1949 Geneva Conventions? Let's explore this intriguing notion.

Collective punishment: a war crime?

The Fourth Geneva Convention explicitly prohibits collective punishment. Article 33 states:

“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.”

In the context of armed conflict, this means that individuals cannot be penalised for actions they did not personally commit. The aim is to protect civilians from reprisals and unjust penalties during war.

Students and employees as ‘protected persons’

The term “protected persons” refers to individuals who find themselves in the hands of a party to the conflict or occupying power of which they are not nationals. This primarily includes civilians in occupied territories during wartime.

Applying this to a peacetime classroom or office setting stretches the definition beyond its intended scope. While students and employees are civilians, the protections afforded by the Geneva Conventions are designed for situations of armed conflict, not everyday disciplinary actions.

The absurdity highlighted

Interestingly, this topic gained attention when an 11-year-old student pointed out that her teacher’s use of collective punishment was unfair and, humorously, a violation of the Geneva Conventions. This sparked discussions and debates, but legal experts clarified that while the student’s observation was thought-provoking, it does not hold legal weight in a classroom setting.

What other ‘war crimes’ might be happening at school or work?

While it is clear that everyday disciplinary actions do not constitute actual war crimes, it is amusing to consider other scenarios that, if taken out of context, might raise an eyebrow:

• Psychological warfare: Ever felt like your boss’s endless meetings are a form of mental torture? While not exactly the same as the psychological abuse prohibited under international law, it sure feels like it sometimes!

• Forced labour: Remember that time your teacher assigned a group project over the weekend? Suddenly, you’re working overtime without pay. Not quite the forced labour defined in wartime contexts, but still ...

• Siege tactics: When the IT department shuts down internet access to enforce productivity, it can feel like they are laying siege to your digital freedom. Of course, unlike actual sieges in war, you can still escape to a coffee shop with free wi-fi.

Parting words

While it is amusing to think of classroom or workplace collective punishments as “war crimes”, the reality is that the Geneva Conventions are designed to address serious violations during armed conflicts. Day-to-day activities in schools and offices, even if seemingly unjust, do not fall under the purview of international humanitarian law.

So, before you accuse your teacher or boss of committing a war crime, remember: context matters!

Source:BBC

• Christian Chin-Gurret is a writer with a Master of Science in Innovation and Entrepreneurship and a Bachelor of Science in Product Design, who offers a unique perspective on shaping the future of business through innovation, disruption and technology