REPRISAL
reprisal (ri-prI-z<<schwa>>l).1. (often pl.) Int’l law. The use of force, short of war, against
another country to redress an injury caused by that country. [Cases: War and National Emergency
- C.J.S. War and National Defense §§ 8, 13, 16–22, 84–85.]
“ ‘Reprisals’ is a word with a long history, and modern writers are not agreed on the meaning
which should be given to it today. Literally and historically it denotes the seizing of property or
persons by way of retaliation …. Reprisals when they are taken today are taken by a state, but
some writers would still limit the word to acts of taking or withholding the property of a foreign
state or its nationals, for example by an embargo, whilst others would abandon the historical
associations and use it to denote any kind of coercive action not amounting to war whereby a state
attempts to secure satisfaction from another for some wrong which the latter has committed
against it.” J.L. Brierly, The Law of Nations 321–22 (5th ed. 1955).
general reprisal.A reprisal by which a nation directs all its military officers and citizens to
redress an injury caused by another nation. • An example is a command to seize the property of the
offending nation wherever it is found.
negative reprisal.A reprisal by which a nation refuses to perform an obligation to another
nation, such as the fulfillment of a treaty.
positive reprisal.A reprisal by which a nation forcibly seizes another nation’s property or
persons.
special reprisal.A reprisal by which a nation authorizes an aggrieved private citizen to redress
an injury caused by another nation. • An example is an authorization for a private citizen to seize a
particular vessel of the offending nation. See LETTERS OF MARQUE.
- (often pl.) Int’l law. An act of forceful retaliation for injury or attack by another country;
formerly, in war, the killing of prisoners in response to an enemy’s war crimes (now unlawful). Cf.
RETORSION. 3. Any act or instance of retaliation, as by an employer against a complaining
employee. [Cases: Master and Servant 30(6.5). C.J.S. Employer–Employee Relationship §§ 68,
70, 72, 79.]
[Blacks Law 8th]