79C3C34C52B45572883A05D425EB0F82

Additional Protocol I Relating to the Protection of Victims of International Armed Conflicts, Article 11

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Indicators in focus are typically shown highlighted in yellow; Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; Trigger Words/Phrases are shown highlighted in gray.

Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)


Applicable Type / Vulnerability / Indicator Overlay for this Input

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalCriminal Convictionsprisoners9
PoliticalIndigenousnative1
PoliticalPrisoner of Warprisoner of war10
PoliticalProsecutedprosecuted3
Politicalcriminalcriminal11
Politicalperson in detention centerdetained13
Politicalperson under arrestarrest2
Politicalperson under arrestarrested3
Politicalpolitical affiliationparty231
Politicalpolitical affiliationpolitical6
Politicalstateless personsnation1
Politicalstateless personsstateless3
HealthDrug Usagesubstance1
HealthMentally Disableddisability1
HealthMentally Incapacitatedincapable1
HealthMotherhood/Familyfamily4
HealthPhysically Disabledphysically6
HealthPhysically Illsick43
HealthPregnantpregnant3
HealthUnconscious Peopleunconscious1
Healthillill1
SocialAccess to Social Goodsaccess3
SocialAgeage12
SocialChildchild18
SocialChildchildren21
SocialEthnicityethnic1
SocialIncarceratedliberty18
SocialIncarceratedprison1
SocialIncarceratedrestricted9
SocialLinguistic Proficiencylanguage9
SocialMarital Statussingle5
SocialMothersmothers6
SocialOccupationoccupation11
SocialPolice Officerpolice2
SocialPresence of Coercioncoerce1
SocialProperty Ownershiphome5
SocialProperty Ownershipproperty6
SocialRacial Minorityrace3
SocialRacial Minorityracial2
SocialRacial Minorityracist1
SocialReligionbelief3
SocialReligionconviction5
SocialReligionreligion5
SocialReligionreligious33
SocialSoldierarmed forces40
SocialSoldiermilitary96
SocialThreat of Stigmathreat1
SocialThreat of Violenceviolence9
SocialTrade Union Membershipunion9
SocialVictim of Abusetrauma1
SocialWomenwomen14
Socialeducationeducation3
Socialeducationeducational1
Socialex-combatantcombatant15
Socialparentsparents5
Socialphilosophical differences/differences of opinionopinion3
Socialsex workerprostitution3
General/OtherDependentdependent4
General/OtherIncapacitatedincapacitated1
General/OtherOther Countryforeign country1
General/OtherPublic Emergencyemergency6
General/OtherRelationship to Authorityauthority14

Political / Criminal Convictions

Searching for indicator prisoners:

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p.000020: Article 33 Missing persons 28
p.000020: Article 34 Remains of deceased 28
p.000020: PART III
p.000020: METHODS AND MEANS OF WARFARE
p.000020: COMbATANT AND PRISONER-OF-WAR STATUS 30
p.000020: SECTION I – Methods and means of warfare 30
p.000020: Article 35 Basic rules
p.000030: 30
p.000030: Article 36 New weapons 30
p.000030: Article 37 Prohibition of perfidy 30
p.000030: Article 38 Recognized emblems 31
p.000030: Article 39 Emblems of nationality 31
p.000030: Article 40 Quarter
p.000031: 31
p.000031: Article 41 Safeguard of an enemy hors de combat 31
p.000031: Article 42 Occupants of aircraft 32
p.000031: SECTION II – Combatant and prisoner-of-war status 32
p.000031: Article 43 Armed forces 32
p.000031: Article 44 Combatants and prisoners of war 33
p.000031: Article 45 Protection of persons who have taken part in hostilities 34
p.000031: Article 46 Spies
p.000034: 34
p.000034: Article 47 Mercenaries 35
p.000034: PART IV
p.000034: CIVILIAN POPULATION 36
p.000034: SECTION I – General protection against effects of hostilities 36
p.000034: CHAPTER I – basic rule and field of application 36
p.000034: Article 48 Basic rule
p.000036: 36
p.000036: Article 49 Definition of attacks and scope of application 36
p.000036:
p.000036: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 3
p.000036: CHAPTER II – Civilians and Civilian population 37
p.000036: Article 50 Definition of civilians and civilian population 37
p.000036: Article 51 Protection of the civilian population 37
p.000036: CHAPTER III – Civilian objects 38
p.000036: Article 52 General protection of civilian objects 38
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p.000118: principles of humanity and from the dictates of pub- lic conscience.
p.000118: 3. This Protocol, which supplements the Geneva Conventions of 12 Au- gust 1949 for the protection of war victims,
p.000118: shall apply in the situations referred to in Article 2 common to those Conventions.
p.000118: 4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting
p.000118: against colonial domination and alien occupation and against racist régimes in the exercise of their right of
p.000118: self-determination, as enshrined in the Charter of the United Na- tions and the Declaration on Principles of
p.000118: International Law concern- ing Friendly Relations and Co-operation among States in accordance with the Charter of the
p.000118: United Nations.
p.000118:
p.000118: Article 2 — Definitions
p.000118: For the purposes of this Protocol:
p.000118: a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva
p.000118: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
p.000118: 1949; the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
p.000118: Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949;
p.000118: the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War of 12 August 1949; “the
p.000118: Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
p.000118: b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth
p.000118: in international agree- ments to which the Parties to the conflict are Parties and the gener- ally recognized
p.000118: principles and rules of international law which are applicable to armed conflict;
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 11
p.000118:
p.000118:
p.000118: c) “Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party
p.000118: to the conflict and accepted by the adverse Party and has agreed to carry out the func- tions assigned to a Protecting
p.000118: Power under the Conventions and this Protocol;
p.000118: d) “substitute” means an organization acting in place of a Protecting Power in accordance with Article 5.
p.000118:
p.000118: Article 3 — beginning and end of application
p.000118: Without prejudice to the provisions which are applicable at all times:
p.000118: a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this
p.000118: Protocol;
p.000118: b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict,
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p.000118: wounded and sick in their charge;
p.000118: b) that the unit is guarded by a picket or by sentries or by an escort;
p.000118: c) that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are
p.000118: found in the units;
p.000118: d) that members of the armed forces or other combatants are in the unit for medical reasons.
p.000118:
p.000118: Article 14 — Limitations on requisition of civilian medical units
p.000118: 1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied
p.000118: territory continue to be satisfied.
p.000118: 2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or
p.000118: the services of their personnel, so long as these resources are necessary for the provision of adequate medical
p.000118: services for the civilian population and for the continuing medical care of any wounded and sick already under
p.000118: treatment.
p.000118: 3. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the
p.000118: said resources, subject to the following particular conditions:
p.000118: a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members
p.000118: of the armed forces of the Occupying Power or of prisoners of war;
p.000118: b) that the requisition continues only while such necessity exists; and
p.000118: c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those
p.000118: of any wounded and sick under treatment who are affected by the requisition, con- tinue to be satisfied.
p.000118:
p.000118: Article 15 — Protection of civilian medical and religious personnel
p.000118: 1. Civilian medical personnel shall be respected and protected.
p.000118: 2. If needed, all available help shall be afforded to civilian medical per- sonnel in an area where civilian
p.000118: medical services are disrupted by rea- son of combat activity.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 19
p.000118:
p.000118:
p.000118: 3. The Occupying Power shall afford civilian medical personnel in occu- pied territories every assistance to enable
p.000118: them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that,
p.000118: in the performance of those functions, such per- sonnel shall give priority to the treatment of any person except on
p.000118: med- ical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian
p.000118: mission.
p.000118: 4. Civilian medical personnel shall have access to any place where their services are essential, subject to such
p.000118: supervisory and safety measures as the relevant Party to the conflict may deem necessary.
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p.000118: engaging in attacks or in order to shield, favour, protect or impede military operations.
p.000118: 3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing generally recognized rules
p.000118: of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
p.000118:
p.000118: Article 40 — Quarter
p.000118: It is prohibited to order that there shall be no survivors, to threaten an ad- versary therewith or to conduct
p.000118: hostilities on this basis.
p.000118:
p.000118: Article 41 — Safeguard of an enemy hors de combat
p.000118: 1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be
p.000118: made the object of attack.
p.000118: 2. A person is hors de combat if:
p.000118: a) he is in the power of an adverse Party;
p.000118:
p.000118: 32 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) he clearly expresses an intention to surrender; or
p.000118: c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable
p.000118: of defending himself;
p.000118: provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
p.000118: 3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under
p.000118: unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third
p.000118: Convention, they shall be released and all feasible precau- tions shall be taken to ensure their safety.
p.000118:
p.000118: Article 42 — Occupants of aircraft
p.000118: 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
p.000118: 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an
p.000118: aircraft in distress shall be given an opportunity to surrender before being made the object of attack, un- less it is
p.000118: apparent that he is engaging in a hostile act.
p.000118: 3. Airborne troops are not protected by this Article.
p.000118:
p.000118: SECTION II
p.000118: Combatant and prisoner-of-war status
p.000118: Article 43 — Armed forces
p.000118: 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are
p.000118: under a command responsible to that Party for the conduct of its subordinates, even if that Party is rep- resented by a
p.000118: government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal
p.000118: disciplinary system which, inter alia, shall enforce compliance with the rules of in- ternational law applicable in
p.000118: armed conflict.
p.000118: 2. Members of the armed forces of a Party to a conflict (other than medi- cal personnel and chaplains covered by
p.000118: Article 33 of the Third Conven- tion) are combatants, that is to say, they have the right to participate directly in
p.000118: hostilities.
p.000118: 3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces
p.000118: it shall so notify the other Parties to the conflict.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 33
p.000118:
p.000118:
p.000118: Article 44 — Combatants and prisoners of war
p.000118: 1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of
p.000118: war.
p.000118: 2. While all combatants are obliged to comply with the rules of interna- tional law applicable in armed conflict,
p.000118: violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power
p.000118: of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.
p.000118: 3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are
p.000118: obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military
p.000118: operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to
p.000118: the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a
p.000118: combatant, provided that, in such situations, he carries his arms openly:
p.000118: a) during each military engagement, and
p.000118: b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the
p.000118: launching of an attack in which he is to participate.
p.000118: Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of
p.000118: Article 37, paragraph 1 c).
p.000118: 4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the
p.000118: second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, neverthe- less, be given
p.000118: protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this
p.000118: Protocol. This protection includes protections equivalent to those accorded to prison- ers of war by the Third
p.000118: Convention in the case where such a person is tried and punished for any offences he has committed.
p.000118: 5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military
p.000118: operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of
p.000118: his prior activities.
p.000118: 6. This Article is without prejudice to the right of any person to be a pris- oner of war pursuant to Article 4 of
p.000118: the Third Convention.
p.000118: 7. This Article is not intended to change the generally accepted practice of States with respect to the wearing of
p.000118: the uniform by combatants as- signed to the regular, uniformed armed units of a Party to the conflict.
p.000118:
p.000118: 34 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all
p.000118: members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to
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p.000118: b) if so assigned, such personnel do not perform any other military duties during the conflict;
p.000118:
p.000118: 50 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: c) such personnel are clearly distinguishable from the other members of the armed forces by prominently
p.000118: displaying the international distinctive sign of civil defence, which shall be as large as appropri- ate, and such
p.000118: personnel are provided with the identity card referred to in Chapter v of Annex 1 to this Protocol certifying their
p.000118: status;
p.000118: d) such personnel and such units are equipped only with light indi- vidual weapons for the purpose of maintaining
p.000118: order or for self- defence. The provisions of Article 65, paragraph 3 shall also apply in this case;
p.000118: e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside
p.000118: their civil defence tasks, acts harmful to the adverse Party;
p.000118: f) such personnel and such units perform their civil defence tasks only within the national territory of their Party.
p.000118: The non-observance of the conditions stated in e) above by any member of the armed forces who is bound by the
p.000118: conditions prescribed in a) and
p.000118: b) above is prohibited.
p.000118: 2. Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse
p.000118: Party, be prisoners of war. In oc- cupied territory they may, but only in the interest of the civilian popu- lation of
p.000118: that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is
p.000118: dangerous, they volunteer for such tasks.
p.000118: 3. The buildings and major items of equipment and transports of military units assigned to civil defence
p.000118: organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign
p.000118: shall be as large as appropriate.
p.000118: 4. The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively
p.000118: devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain
p.000118: subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for
p.000118: the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements
p.000118: have been made for adequate provision for the needs of the civilian population.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 51
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Relief in favour of the civilian population
p.000118: Article 68 — Field of application
p.000118: The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to
p.000118: Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
p.000118:
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p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
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p.000118: a) making the civilian population or individual civilians the object of attack;
p.000118: b) launching an indiscriminate attack affecting the civilian popula- tion or civilian objects in the knowledge that
p.000118: such attack will cause excessive loss of life, injury to civilians or damage to civilian ob- jects, as defined in
p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
p.000118: 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following
p.000118: shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions
p.000118: or the Protocol:
p.000118:
p.000118: 62 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) the transfer by the Occupying Power of parts of its own civilian popu- lation into the territory it occupies, or
p.000118: the deportation or transfer of all or parts of the population of the occupied territory within or out- side this
p.000118: territory, in violation of Article 49 of the Fourth Convention;
p.000118: b) unjustifiable delay in the repatriation of prisoners of war or civilians;
p.000118: c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based
p.000118: on racial discrimi- nation;
p.000118: d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural
p.000118: or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example,
p.000118: within the framework of a competent international organization, the object of attack, causing as a result extensive
p.000118: destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53,
p.000118: sub-paragraph b), and when such historic monuments, works of art and places of worship are not located in the immediate
p.000118: proximity of military objectives;
p.000118: e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of
p.000118: fair and regular trial.
p.000118: 5. Without prejudice to the application of the Conventions and of this Proto- col, grave breaches of these
p.000118: instruments shall be regarded as war crimes.
p.000118:
p.000118: Article 86 — Failure to act
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- press grave breaches, and take measures
p.000118: necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act
p.000118: when under a duty to do so.
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Political / Indigenous

Searching for indicator native:

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p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
p.000118: Article 79 — Measures of protection for journalists
p.000118: 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as
p.000118: civilians within the meaning of Article 50, paragraph 1.
p.000118: 2. They shall be protected as such under the Conventions and this Proto- col, provided that they take no action
...

Political / Prisoner of War

Searching for indicator prisoner of war:

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p.000118: disciplinary system which, inter alia, shall enforce compliance with the rules of in- ternational law applicable in
p.000118: armed conflict.
p.000118: 2. Members of the armed forces of a Party to a conflict (other than medi- cal personnel and chaplains covered by
p.000118: Article 33 of the Third Conven- tion) are combatants, that is to say, they have the right to participate directly in
p.000118: hostilities.
p.000118: 3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces
p.000118: it shall so notify the other Parties to the conflict.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 33
p.000118:
p.000118:
p.000118: Article 44 — Combatants and prisoners of war
p.000118: 1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of
p.000118: war.
p.000118: 2. While all combatants are obliged to comply with the rules of interna- tional law applicable in armed conflict,
p.000118: violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power
p.000118: of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.
p.000118: 3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are
p.000118: obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military
p.000118: operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to
p.000118: the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a
p.000118: combatant, provided that, in such situations, he carries his arms openly:
p.000118: a) during each military engagement, and
p.000118: b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the
p.000118: launching of an attack in which he is to participate.
p.000118: Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of
p.000118: Article 37, paragraph 1 c).
p.000118: 4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the
p.000118: second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, neverthe- less, be given
p.000118: protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this
p.000118: Protocol. This protection includes protections equivalent to those accorded to prison- ers of war by the Third
p.000118: Convention in the case where such a person is tried and punished for any offences he has committed.
p.000118: 5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military
p.000118: operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of
p.000118: his prior activities.
p.000118: 6. This Article is without prejudice to the right of any person to be a pris- oner of war pursuant to Article 4 of
p.000118: the Third Convention.
p.000118: 7. This Article is not intended to change the generally accepted practice of States with respect to the wearing of
p.000118: the uniform by combatants as- signed to the regular, uniformed armed units of a Party to the conflict.
p.000118:
p.000118: 34 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all
p.000118: members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to
p.000118: protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at
p.000118: sea or in other waters.
p.000118:
p.000118: Article 45 — Protection of persons who have taken part in hostilities
p.000118: 1. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a
p.000118: prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war,
p.000118: or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by
p.000118: notifi- cation to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person
p.000118: is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by
p.000118: the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.
p.000118: 2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be
p.000118: tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to
p.000118: prisoner-of-war status before a judicial tribunal and to have that ques- tion adjudicated. Whenever possible under
p.000118: the applicable procedure, this adjudication shall occur before the trial for the offence. The rep- resentatives of
p.000118: the Protecting Power shall be entitled to attend the pro- ceedings in which that question is adjudicated, unless,
p.000118: exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power
p.000118: shall advise the Protecting Power accordingly.
p.000118: 3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not
p.000118: benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to
p.000118: the protection of Article 75 of this Protocol. In oc- cupied territory, any such person, unless he is held as a spy,
p.000118: shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that
p.000118: Convention.
p.000118:
p.000118: Article 46 — Spies
p.000118: 1. Notwithstanding any other provision of the Conventions or of this Pro- tocol, any member of the armed forces of
p.000118: a Party to the conflict who falls into the power of an adverse Party while engaging in espionage
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 35
p.000118:
p.000118:
p.000118: shall not have the right to the status of prisoner of war and may be treated as a spy.
p.000118: 2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled
p.000118: by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if,
p.000118: while so acting, he is in the uniform of his armed forces.
p.000118: 3. A member of the armed forces of a Party to the conflict who is a resi- dent of territory occupied by an adverse
p.000118: Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value
p.000118: within that territory shall not be considered as engag- ing in espionage unless he does so through an act of false
p.000118: pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of
p.000118: prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.
p.000118: 4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an
p.000118: adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of pris- oner
p.000118: of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he
p.000118: belongs.
p.000118:
p.000118: Article 47 — Mercenaries
p.000118: 1. A mercenary shall not have the right to be a combatant or a prisoner of war.
p.000118: 2. A mercenary is any person who:
p.000118: a) is specially recruited locally or abroad in order to fight in an armed conflict;
p.000118: b) does, in fact, take a direct part in the hostilities;
p.000118: c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised,
p.000118: by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to
p.000118: combatants of similar ranks and functions in the armed forces of that Party;
p.000118: d) is neither a national of a Party to the conflict nor a resident of terri- tory controlled by a Party to the
p.000118: conflict;
p.000118: e) is not a member of the armed forces of a Party to the conflict; and
p.000118: f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed
p.000118: forces.
p.000118:
p.000118: 36 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART IV
p.000118: CIVILIAN POPULATION
p.000118:
p.000118: SECTION I
p.000118: General protection against effects of hostilities
p.000118:
p.000118: CHAPTER I
p.000118: basic rule and field of application
p.000118: Article 48 — basic rule
...

Political / Prosecuted

Searching for indicator prosecuted:

(return to top)
p.000118: required by those rules and provisions.
p.000118: 3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse
p.000118: Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded
p.000118: and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the
p.000118: patients con- cerned or to their families. Regulations for the compulsory notification of communicable diseases shall,
p.000118: however, be respected.
p.000118:
p.000118: Article 17 — Role of the civilian population and of aid societies
p.000118: 1. The civilian population shall respect the wounded, sick and ship- wrecked, even if they belong to the
p.000118: adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as
p.000118: national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to
p.000118: collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas.
p.000118:
p.000118: 20 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.
p.000118: 2. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph
p.000118: 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they
p.000118: shall grant both protection and the necessary facili- ties to those who respond to this appeal. If the adverse Party
p.000118: gains or regains control of the area, that Party also shall afford the same protec- tion and facilities for so long as
p.000118: they are needed.
p.000118:
p.000118: Article 18 — Identification
p.000118: 1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and
p.000118: transports are identifiable.
p.000118: 2. Each Party to the conflict shall also endeavour to adopt and to imple- ment methods and procedures which will
p.000118: make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.
p.000118: 3. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical
p.000118: personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card
p.000118: certifying their status.
...

p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
...

Political / criminal

Searching for indicator criminal:

(return to top)
p.000051: CHAPTER III – Journalists 58
p.000051: Article 79 Measures of protection for journalists 58
p.000051: PART V
p.000051: ExECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL 59
p.000051: SECTION I – General Provisions 59
p.000051: Article 80 Measures for execution 59
p.000051: Article 81 Activities of the Red Cross and other humanitarian
p.000051: organizations 59
p.000051: Article 82 Legal advisers in armed forces 60
p.000051: Article 83 Dissemination 60
p.000051: Article 84 Rules of application 60
p.000051: SECTION II – Repression of breaches of the Conventions
p.000051: and of this Protocol 61
p.000051: Article 85 Repression of breaches of this Protocol 61
p.000051: Article 86 Failure to act
p.000062: 62
p.000062: Article 87 Duty of commanders 62
p.000062: Article 88 Mutual assistance in criminal matters 63
p.000062: Article 89 Co-operation 63
p.000062: Article 90 International Fact-Finding Commission 63
p.000062: Article 91 Responsibility 66
p.000062: PART VI
p.000062: FINAL PROVISIONS 66
p.000062: Article 92 Signature
p.000066: 66
p.000066: Article 93 Ratification
p.000066: 66
p.000066: Article 94 Accession
p.000066: 66
p.000066: Article 95 Entry into force 66
p.000066: Article 96 Treaty relations upon entry into force of this Protocol 67
p.000066: Article 97 Amendment 67
p.000066: Article 98 Revision of Annex I 67
p.000066: Article 99 Denunciation 68
p.000066: Article 100 Notifications 69
p.000066: Article 101 Registration 69
p.000066: Article 102 Authentic texts 69
p.000066:
p.000066: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 5
p.000066: ANNEX I Regulations concerning identification 70
...

p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
...

p.000118: should have enabled them to conclude in the circum- stances at the time, that he was committing or was going to commit
p.000118: such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.
p.000118:
p.000118: Article 87 — Duty of commanders
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- quire military commanders, with
p.000118: respect to members of the armed forces under their command and other persons under their control,
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 63
p.000118:
p.000118:
p.000118: to prevent and, where necessary, to suppress and report to competent authorities breaches of the Conventions and of
p.000118: this Protocol.
p.000118: 2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require
p.000118: that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their
p.000118: command are aware of their obligations under the Conventions and this Protocol.
p.000118: 3. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that
p.000118: subordinates or other persons under his control are going to commit or have committed a breach of the Conven- tions or
p.000118: of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this
p.000118: Protocol, and, where appropri- ate, to initiate disciplinary or penal action against violators thereof.
p.000118:
p.000118: Article 88 — Mutual assistance in criminal matters
p.000118: 1. The High Contracting Parties shall afford one another the greatest measure of assistance in connexion
p.000118: with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.
p.000118: 2. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this
p.000118: Protocol, and when circumstanc- es permit, the High Contracting Parties shall co-operate in the matter of extradition.
p.000118: They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.
p.000118: 3. The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding
p.000118: paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bi- lateral
p.000118: or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal
p.000118: matters.
p.000118:
p.000118: Article 89 — Co-operation
p.000118: In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to
p.000118: act, jointly or individually, in co-operation with the United Nations and in conformity with the United Nations
p.000118: Charter.
p.000118:
p.000118: Article 90 — International Fact-Finding Commission
p.000118: 1. a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of
p.000118: fifteen members of high moral standing and acknowledged impartiality shall be established.
p.000118:
p.000118: 64 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant
p.000118: to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of
p.000118: representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the
p.000118: meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which
p.000118: each of those High Contracting Parties may nominate one person.
p.000118: c) The members of the Commission shall serve in their personal ca- pacity and shall hold office until the election of
p.000118: new members at the ensuing meeting.
p.000118: d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission
p.000118: individually possess the qualifications required and that, in the Commission as a whole, eq- uitable geographical
p.000118: representation is assured.
p.000118: e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions
...

p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
p.000118: reasons related to the armed con- flict shall be treated humanely in accordance with Article 4 and with paragraphs 1
p.000118: a), c) and d), and 2 b) of this Article.
p.000118: 4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall
p.000118: be taken by those so deciding.
p.000118:
p.000118: Article 6 — Penal prosecutions
p.000118: 1. This Article applies to the prosecution and punishment of criminal of- fences related to the armed conflict.
p.000118: 2. No sentence shall be passed and no penalty shall be executed on a per- son found guilty of an offence except
p.000118: pursuant to a conviction pro- nounced by a court offering the essential guarantees of independence and impartiality. In
p.000118: particular:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
...

Political / person in detention center

Searching for indicator detained:

(return to top)
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
p.000118: 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are
p.000118: interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be
p.000118: endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this
p.000118: Article to any medi- cal procedure which is not indicated by the state of health of the person concerned and which is
p.000118: not consistent with generally accepted medical standards which would be applied under similar medical circumstanc- es
p.000118: to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
p.000118: 2. It is, in particular, prohibited to carry out on such persons, even with their consent:
p.000118: a) physical mutilations;
p.000118: b) medical or scientific experiments;
p.000118: c) removal of tissue or organs for transplantation,
p.000118: except where these acts are justified in conformity with the conditions provided for in paragraph 1.
p.000118: 3. Exceptions to the prohibition in paragraph 2 c) may be made only in the case of donations of blood for
p.000118: transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement,
p.000118: and then only for therapeutic purposes. under conditions consistent with generally accepted medical standards and
p.000118: controls de- signed for the benefit of both the donor and the recipient.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 17
p.000118:
p.000118:
p.000118: 4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person
p.000118: who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions
p.000118: in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.
p.000118: 5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal,
p.000118: medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.
p.000118: 6. Each Party to the conflict shall keep a medical record for every dona- tion of blood for transfusion or skin for
p.000118: grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In
p.000118: addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect
p.000118: to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in
p.000118: Article 1. These records shall be available at all times for inspection by the Protecting Power.
p.000118:
p.000118: Article 12 — Protection of medical units
p.000118: 1. Medical units shall be respected and protected at all times and shall not be the object of attack.
p.000118: 2. Paragraph 1 shall apply to civilian medical units, provided that they:
p.000118: a) belong to one of the Parties to the conflict;
p.000118: b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or
p.000118: c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.
p.000118: 3. The Parties to the conflict are invited to notify each other of the loca- tion of their medical units. The
p.000118: absence of such notification shall not exempt any of the Parties from the obligation to comply with the provi- sions of
p.000118: paragraph 1.
p.000118: 4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack.
p.000118: Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against
p.000118: military objectives do not imperil their safety.
p.000118:
p.000118: Article 13 — Discontinuance of protection of civilian medical units
p.000118: 1. The protection to which civilian medical units are entitled shall not cease unless they are used to
...

p.000118: to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to
p.000118: give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to
p.000118: safeguard its own interests, and, in either case, to allow the aircraft time for compli- ance, before resorting to an
p.000118: attack against the aircraft.
p.000118: 3. If a medical aircraft, either by agreement or in the circumstances men- tioned in paragraph 2, lands or alights
p.000118: on water in the territory of a
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 27
p.000118:
p.000118:
p.000118: neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be
p.000118: subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection.
p.000118: The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by
p.000118: the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the
p.000118: aircraft with its occupants, other than those who must be detained in accordance with the rules of international law
p.000118: applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the
p.000118: continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized
p.000118: and the occupants treated in accordance with paragraph 4.
p.000118: 4. The wounded, sick and shipwrecked disembarked, otherwise than tem- porarily, from a medical aircraft with the
p.000118: consent of the local authori- ties in the territory of a neutral or other State not a Party to the conflict shall,
p.000118: unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required
p.000118: by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in
p.000118: the hostilities. The cost of hospital treat- ment and internment shall be borne by the State to which those persons
p.000118: belong.
p.000118: 5. Neutral or other States not Parties to the conflict shall apply any condi- tions and restrictions on the passage
p.000118: of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the
p.000118: conflict.
p.000118:
p.000118: SECTION III
p.000118: MISSING AND DEAD PERSONS
p.000118: Article 32 — General principle
p.000118: In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict
p.000118: and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted
p.000118: mainly by the right of families to know the fate of their relatives.
p.000118:
p.000118: 28 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 33 — Missing persons
p.000118: 1. As soon as circumstances permit, and at the latest from the end of ac- tive hostilities, each Party to the
p.000118: conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party
p.000118: shall transmit all relevant information concerning such persons in order to facilitate such searches.
p.000118: 2. In order to facilitate the gathering of information pursuant to the pre- ceding paragraph, each Party to the
p.000118: conflict shall, with respect to per- sons who would not receive more favourable consideration under the Conventions and
p.000118: this Protocol:
p.000118: a) record the information specified in Article 138 of the Fourth Con- vention in respect of such persons who have
p.000118: been detained, impris- oned or otherwise held in captivity for more than two weeks as a re- sult of hostilities or
p.000118: occupation, or who have died during any period of detention;
p.000118: b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of
p.000118: information concerning such per- sons if they have died in other circumstances as a result of hostili- ties or
p.000118: occupation.
p.000118: 3. Information concerning persons reported missing pursuant to para- graph 1 and requests for such information
p.000118: shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International
p.000118: Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is
p.000118: not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the
p.000118: conflict shall ensure that such information is also supplied to the Central Tracing Agency.
p.000118: 4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and
p.000118: recover the dead from battlefied areas, including arrangements, if appropriate, for such teams to be accompa- nied by
p.000118: personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of
p.000118: such teams shall be respected and protected while exclusively carrying out these duties.
p.000118:
p.000118: Article 34 — Remains of deceased
...

p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
...

p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
p.000118: 1. Women shall be the object of special respect and shall be protected in particular against rape, forced
p.000118: prostitution and any other form of inde- cent assault.
p.000118: 2. Pregnant women and mothers having dependent infants who are ar- rested, detained or interned for reasons related
p.000118: to the armed conflict, shall have their cases considered with the utmost priority.
p.000118: 3. To the maximum extent feasible, the Parties to the conflict shall en- deavour to avoid the pronouncement of the
p.000118: death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The
p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
...

p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
p.000118: reasons related to the armed con- flict shall be treated humanely in accordance with Article 4 and with paragraphs 1
p.000118: a), c) and d), and 2 b) of this Article.
p.000118: 4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall
p.000118: be taken by those so deciding.
p.000118:
p.000118: Article 6 — Penal prosecutions
p.000118: 1. This Article applies to the prosecution and punishment of criminal of- fences related to the armed conflict.
p.000118: 2. No sentence shall be passed and no penalty shall be executed on a per- son found guilty of an offence except
p.000118: pursuant to a conviction pro- nounced by a court offering the essential guarantees of independence and impartiality. In
p.000118: particular:
...

p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
p.000118: Article 9 — Protection of medical and religious personnel
p.000118: 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the
p.000118: performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their
p.000118: humanitarian mission.
p.000118:
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Political / person under arrest

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p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
...

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p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
...

p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
...

p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
...

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p.000013: Article 13 Discontinuance of protection of civilian medical units 17
p.000013: Article 14 Limitations on requisition of civilian medical units 18
p.000013: Article 15 Protection of civilian medical and religious personnel 18
p.000013: Article 16 General protection of medical duties 19
p.000013: Article 17 Role of the civilian population and of aid societies 19
p.000013: Article 18 Identification
p.000020: 20
p.000020: Article 19 Neutral and other States not Parties to the conflict 21
p.000020: Article 20 Prohibition of reprisals 21
p.000020: SECTION II – Medical transportation 21
p.000020: Article 21 Medical vehicles 21
p.000020:
p.000020: 2 CONTENTS
p.000020: Article 22 Hospital ships and coastal rescue craft 21
p.000020: Article 23 Other medical ships and craft 22
p.000020: Article 24 Protection of medical aircraft 23
p.000020: Article 25 Medical aircraft in areas not controlled by an adverse Party 23
p.000020: Article 26 Medical aircraft in contact or similar zones 23
p.000020: Article 27 Medical aircraft in areas controlled by an adverse Party 24
p.000020: Article 28 Restrictions on operations of medical aircraft 24
p.000020: Article 29 Notifications and agreements concerning medical aircraft 25
p.000020: Article 30 Landing and inspection of medical aircraft 25
p.000020: Article 31 Neutral or other States not Parties to the conflict 26
p.000020: SECTION III – Missing and dead persons 27
p.000020: Article 32 General principle 27
p.000020: Article 33 Missing persons 28
p.000020: Article 34 Remains of deceased 28
p.000020: PART III
p.000020: METHODS AND MEANS OF WARFARE
p.000020: COMbATANT AND PRISONER-OF-WAR STATUS 30
p.000020: SECTION I – Methods and means of warfare 30
p.000020: Article 35 Basic rules
p.000030: 30
p.000030: Article 36 New weapons 30
p.000030: Article 37 Prohibition of perfidy 30
p.000030: Article 38 Recognized emblems 31
p.000030: Article 39 Emblems of nationality 31
p.000030: Article 40 Quarter
p.000031: 31
...

p.000036: Article 61 Definitions and scope 45
p.000036: Article 62 General protection 46
p.000036: Article 63 Civil defence in occupied territories 46
p.000036: Article 64 Civilian civil defence organizations of neutral or other States not Parties to the conflict and
p.000036: international co-ordinating
p.000036: organizations 47
p.000036: Article 65 Cessation of protection 48
p.000036: Article 66 Identification
p.000048: 48
p.000048: Article 67 Members of the armed forces
p.000048: and military units assigned to civil defence organizations 49
p.000048: SECTION II – Relief in favour of the civilian population 51
p.000048: Article 68 Field of application 51
p.000048: Article 69 Basic needs in occupied territories 51
p.000048: Article 70 Relief actions
p.000051: 51
p.000051: Article 71 Personnel participating in relief actions 52
p.000051: SECTION III – Treatment of persons in the power
p.000051: of a Party to the conflict 53
p.000051: CHAPTER I – Field of application and protection of persons and objets 53
p.000051: Article 72 Field of application 53
p.000051: Article 73 Refugees and stateless persons 53
p.000051: Article 74 Reunion of dispersed families 53
p.000051: Article 75 Fundamental guarantees 53
p.000051:
p.000051: 4 CONTENTS
p.000051: CHAPTER II – Measures in favour of women and children 56
p.000051: Article 76 Protection of women 56
p.000051: Article 77 Protection of children 56
p.000051: Article 78 Evacuation of children 57
p.000051: CHAPTER III – Journalists 58
...

p.000118: International Law concern- ing Friendly Relations and Co-operation among States in accordance with the Charter of the
p.000118: United Nations.
p.000118:
p.000118: Article 2 — Definitions
p.000118: For the purposes of this Protocol:
p.000118: a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva
p.000118: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
p.000118: 1949; the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
p.000118: Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949;
p.000118: the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War of 12 August 1949; “the
p.000118: Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
p.000118: b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth
p.000118: in international agree- ments to which the Parties to the conflict are Parties and the gener- ally recognized
p.000118: principles and rules of international law which are applicable to armed conflict;
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 11
p.000118:
p.000118:
p.000118: c) “Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party
p.000118: to the conflict and accepted by the adverse Party and has agreed to carry out the func- tions assigned to a Protecting
p.000118: Power under the Conventions and this Protocol;
p.000118: d) “substitute” means an organization acting in place of a Protecting Power in accordance with Article 5.
p.000118:
p.000118: Article 3 — beginning and end of application
p.000118: Without prejudice to the provisions which are applicable at all times:
p.000118: a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this
p.000118: Protocol;
p.000118: b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict,
p.000118: on the general close of military operations and, in the case of occupied territories, on the termination of the
p.000118: occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment
p.000118: takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of
p.000118: this Protocol until their final release, repatriation or re-establishment.
p.000118:
p.000118: Article 4 — Legal status of the Parties to the conflict
p.000118: The application of the Conventions and of this Protocol, as well as the con- clusion of the agreements provided for
p.000118: therein, shall not affect the legal sta- tus of the Parties to the conflict. Neither the occupation of a territory nor
p.000118: the application of the Conventions and this Protocol shall affect the legal status of the territory in question.
p.000118:
p.000118: Article 5 — Appointment of Protecting Powers and of their substitute
p.000118: 1. It is the duty of the Parties to a conflict from the beginning of that con- flict to secure the supervision and
p.000118: implementation of the Conventions and of this Protocol by the application of the system of Protecting Pow- ers,
p.000118: including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs.
p.000118: Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.
p.000118: 2. From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay
p.000118: designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, like- wise
p.000118: without delay and for the same purpose, permit the activities of a
p.000118:
p.000118: 12 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Protecting Power which has been accepted by it as such after designa- tion by the adverse Party.
p.000118: 3. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in
p.000118: Article 1, the International Com- mittee of the Red Cross, without prejudice to the right of any other impartial
p.000118: humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a
p.000118: view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that
p.000118: purpose it may, inter alia, ask each Party to provide it with a list of at least five States which that Party considers
p.000118: acceptable to act as Protecting Power on its behalf in relation to an adverse Party, and ask each adverse Party to
p.000118: provide a list of at least five States which it would accept as the Protecting Power of the first Party; these lists
p.000118: shall be communicated to the Committee within two weeks after the receipt of the request; it shall compare them and
p.000118: seek the agreement of any proposed State named on both lists.
p.000118: 4. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay
p.000118: an offer which may be made by the International Committee of the Red Cross or by any other organiza- tion which offers
p.000118: all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the
p.000118: result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent
p.000118: of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the opera-
p.000118: tions of the substitute in the performance of its tasks under the Con- ventions and this Protocol.
p.000118: 5. In accordance with Article 4, the designation and acceptance of Pro- tecting Powers for the purpose of applying
p.000118: the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory,
p.000118: including occupied territory.
p.000118: 6. The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a
p.000118: Party’s interests and those of its nationals to a third State in accordance with the rules of international law
p.000118: relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the
p.000118: Conventions and this Protocol.
p.000118: 7. Any subsequent mention in this Protocol of a Protecting Power in- cludes also a substitute.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 13
p.000118:
p.000118:
p.000118: Article 6 — Qualified persons
p.000118: 1. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross
p.000118: (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the
p.000118: Conventions and of this Protocol, and in particular the activities of the Protecting Powers.
p.000118: 2. The recruitment and training of such personnel are within domestic jurisdiction.
p.000118: 3. The International Committee of the Red Cross shall hold at the dis- posal of the High Contracting Parties the
p.000118: lists of persons so trained which the High Contracting Parties may have established and may have transmitted
p.000118: to it for that purpose.
p.000118: 4. The conditions governing the employment of such personnel outside the national territory shall, in each case, be
p.000118: the subject of special agree- ments between the Parties concerned.
p.000118:
p.000118: Article 7 — Meetings
p.000118: The depositary of this Protocol shall convene a meeting of the High Con- tracting Parties, at the request of one or
p.000118: more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems
p.000118: concerning the application of the Conventions and of the Protocol.
p.000118:
p.000118:
p.000118: PART II
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118:
p.000118: SECTION I
p.000118: General protection
p.000118: Article 8 — Terminology
p.000118: For the purposes of this Protocol:
p.000118: a) “wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical
p.000118: or mental disor- der or disability, are in need of medical assistance or care and who refrain from any act of
p.000118: hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of
p.000118:
p.000118: 14 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: immediate medical assistance or care, such as the infirm or expect- ant mothers, and who refrain from any act of
p.000118: hostility;
p.000118: b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a
p.000118: result of misfortune affect- ing them or the vessel or aircraft carrying them and who refrain from any act of
p.000118: hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be
p.000118: considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
p.000118: c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes
p.000118: enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of
p.000118: medical transports. Such assign- ments may be either permanent or temporary. The term includes:
p.000118: i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the
p.000118: First and Second Conventions, and those assigned to civil defence organizations;
p.000118: ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national
p.000118: voluntary aid socie- ties duly recognized and authorized by a Party to the conflict;
p.000118: iii) medical personnel of medical units or medical transports des- cribed in Article 9, paragraph 2;
p.000118: d) “religious personnel” means military or civilian persons, such as chaplains, who are exclusively engaged in the
p.000118: work of their ministry and attached:
p.000118: i) to the armed forces of a Party to the conflict;
p.000118: ii) to medical units or medical transports of a Party to the conflict;
p.000118: iii) to medical units or medical transports described in Article 9, paragraph 2; or
p.000118: iv) to civil defence organizations of a Party to the conflict.
p.000118: The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under
p.000118: sub-para- graph k) apply to them;
p.000118: e) “medical units” means establishments and other units, whether mil- itary or civilian, organized for medical
p.000118: purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment —
p.000118: of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and
p.000118: other similar units, blood transfusion centres, preventive med- icine centres and institutes, medical depots and the
p.000118: medical and
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 15
p.000118:
p.000118:
p.000118: pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
p.000118: f) “medical transportation” means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical
p.000118: personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this
p.000118: Protocol;
p.000118: g) “medical transports” means any means of transportation, whether military or civilian, permanent or temporary,
p.000118: assigned exclusively to medical transportation and under the control of a competent au- thority of a Party to the
p.000118: conflict;
p.000118: h) “medical vehicles” means any medical transports by land;
p.000118: i) “medical ships and craft” means any medical transports by water;
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
p.000118: 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are
p.000118: interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be
p.000118: endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this
p.000118: Article to any medi- cal procedure which is not indicated by the state of health of the person concerned and which is
p.000118: not consistent with generally accepted medical standards which would be applied under similar medical circumstanc- es
p.000118: to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
p.000118: 2. It is, in particular, prohibited to carry out on such persons, even with their consent:
p.000118: a) physical mutilations;
p.000118: b) medical or scientific experiments;
p.000118: c) removal of tissue or organs for transplantation,
p.000118: except where these acts are justified in conformity with the conditions provided for in paragraph 1.
p.000118: 3. Exceptions to the prohibition in paragraph 2 c) may be made only in the case of donations of blood for
p.000118: transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement,
p.000118: and then only for therapeutic purposes. under conditions consistent with generally accepted medical standards and
p.000118: controls de- signed for the benefit of both the donor and the recipient.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 17
p.000118:
p.000118:
p.000118: 4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person
p.000118: who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions
p.000118: in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.
p.000118: 5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal,
p.000118: medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.
p.000118: 6. Each Party to the conflict shall keep a medical record for every dona- tion of blood for transfusion or skin for
p.000118: grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In
p.000118: addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect
p.000118: to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in
p.000118: Article 1. These records shall be available at all times for inspection by the Protecting Power.
p.000118:
p.000118: Article 12 — Protection of medical units
p.000118: 1. Medical units shall be respected and protected at all times and shall not be the object of attack.
p.000118: 2. Paragraph 1 shall apply to civilian medical units, provided that they:
p.000118: a) belong to one of the Parties to the conflict;
p.000118: b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or
p.000118: c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.
p.000118: 3. The Parties to the conflict are invited to notify each other of the loca- tion of their medical units. The
p.000118: absence of such notification shall not exempt any of the Parties from the obligation to comply with the provi- sions of
p.000118: paragraph 1.
p.000118: 4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack.
p.000118: Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against
p.000118: military objectives do not imperil their safety.
p.000118:
...

p.000118: b) that the requisition continues only while such necessity exists; and
p.000118: c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those
p.000118: of any wounded and sick under treatment who are affected by the requisition, con- tinue to be satisfied.
p.000118:
p.000118: Article 15 — Protection of civilian medical and religious personnel
p.000118: 1. Civilian medical personnel shall be respected and protected.
p.000118: 2. If needed, all available help shall be afforded to civilian medical per- sonnel in an area where civilian
p.000118: medical services are disrupted by rea- son of combat activity.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 19
p.000118:
p.000118:
p.000118: 3. The Occupying Power shall afford civilian medical personnel in occu- pied territories every assistance to enable
p.000118: them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that,
p.000118: in the performance of those functions, such per- sonnel shall give priority to the treatment of any person except on
p.000118: med- ical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian
p.000118: mission.
p.000118: 4. Civilian medical personnel shall have access to any place where their services are essential, subject to such
p.000118: supervisory and safety measures as the relevant Party to the conflict may deem necessary.
p.000118: 5. Civilian religious personnel shall be respected and protected. The pro- visions of the Conventions and of this
p.000118: Protocol concerning the protec- tion and identification of medical personnel shall apply equally to such persons.
p.000118:
p.000118: Article 16 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for carrying out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall not be compelled to per- form acts or to carry out work contrary to
p.000118: the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the
p.000118: provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work
p.000118: required by those rules and provisions.
p.000118: 3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse
p.000118: Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded
p.000118: and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the
p.000118: patients con- cerned or to their families. Regulations for the compulsory notification of communicable diseases shall,
p.000118: however, be respected.
p.000118:
p.000118: Article 17 — Role of the civilian population and of aid societies
p.000118: 1. The civilian population shall respect the wounded, sick and ship- wrecked, even if they belong to the
p.000118: adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as
p.000118: national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to
p.000118: collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas.
p.000118:
p.000118: 20 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.
p.000118: 2. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph
p.000118: 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they
p.000118: shall grant both protection and the necessary facili- ties to those who respond to this appeal. If the adverse Party
p.000118: gains or regains control of the area, that Party also shall afford the same protec- tion and facilities for so long as
p.000118: they are needed.
p.000118:
p.000118: Article 18 — Identification
p.000118: 1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and
p.000118: transports are identifiable.
p.000118: 2. Each Party to the conflict shall also endeavour to adopt and to imple- ment methods and procedures which will
p.000118: make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.
p.000118: 3. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical
p.000118: personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card
p.000118: certifying their status.
p.000118: 4. With the consent of the competent authority, medical units and trans- ports shall be marked by the distinctive
p.000118: emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the
p.000118: provisions of the Second Convention.
p.000118: 5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex 1 to
p.000118: this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exception- ally, in
p.000118: the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the
p.000118: distinctive emblem.
p.000118: 6. The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to III of Annex
p.000118: I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and
p.000118: transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and
p.000118: transports specified in that Chapter.
p.000118: 7. This Article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in
p.000118: Article 44 of the First Convention.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 21
p.000118:
p.000118:
p.000118: 8. The provisions of the Conventions and of this Protocol relating to su- pervision of the use of the distinctive
p.000118: emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.
p.000118:
p.000118: Article 19 — Neutral and other States not Parties to the conflict
p.000118: Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons
p.000118: protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that
p.000118: conflict whom they may find.
p.000118:
p.000118: Article 20 — Prohibition of reprisals
p.000118: Reprisals against the persons and objects protected by this Part are prohibited.
p.000118:
p.000118: SECTION II
p.000118: MEDICAL TRANSPORTATION
p.000118: Article 21 — Medical vehicles
p.000118: Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and
p.000118: this Protocol.
p.000118:
p.000118: Article 22 — Hospital ships and coastal rescue craft
p.000118: 1. The provisions of the Conventions relating to:
p.000118: a) vessels described in Articles 22, 24, 25 and 27 of the Second Con- vention,
p.000118: b) their lifeboats and small craft,
p.000118: c) their personnel and crews, and
p.000118: d) the wounded, sick and shipwrecked on board,
p.000118: shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the
p.000118: categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender
p.000118: to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the
p.000118: conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol.
p.000118: 2. The protection provided by the Conventions to vessels described in Ar- ticle 25 of the Second Convention shall
p.000118: extend to hospital ships made available for humanitarian purposes to a Party to the conflict:
p.000118: a) by a neutral or other State which is not a Party to that conflict; or
p.000118:
p.000118: 22 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) by an impartial international humanitarian organization,
p.000118: provided that, in either case, the requirements set out in that Article are complied with.
p.000118: 3. Small craft described in Article 27 of the Second Convention shall be protected even if the notification
p.000118: envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each
p.000118: other of any details of such craft which will facilitate their identi- fication and recognition.
p.000118:
p.000118: Article 23 — Other medical ships and craft
p.000118: 1. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second
p.000118: Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units
p.000118: under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and rec-
p.000118: ognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible
p.000118: comply with the second paragraph of Article 43 of the Second Convention.
p.000118: 2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the
p.000118: surface able immediately to en- force its command may order them to stop, order them off, or make them take a certain
p.000118: course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their
p.000118: medical mission so long as they are needed for the wounded, sick and shipwrecked on board.
p.000118: 3. The protection provided in paragraph 1 shall cease only under the condi- tions set out in Articles 34 and 35 of
p.000118: the Second Convention. A clear re- fusal to obey a command given in accordance with paragraph 2 shall be an act harmful
p.000118: to the enemy under Article 34 of the Second Convention.
p.000118: 4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name,
p.000118: description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the
p.000118: case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and
p.000118: recognition. The adverse Party shall acknowledge receipt of such information.
p.000118: 5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such
p.000118: ships and craft.
p.000118: 6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the
p.000118: categories referred to in Article
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 23
p.000118:
p.000118:
p.000118: 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft.
p.000118: Wounded, sick and ship- wrecked civilians who do not belong to any of the categories mentioned in Article 13 of the
p.000118: Second Convention shall not be subject, at sea, ei- ther to surrender to any Party which is not their own, or to
p.000118: removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own,
p.000118: they shall be covered by the Fourth Convention and by this Protocol.
p.000118:
p.000118: Article 24 — Protection of medical aircraft
p.000118: Medical aircraft shall be respected and protected, subject to the provisions of this Part.
p.000118:
p.000118: Article 25 — Medical aircraft in areas not controlled by an adverse Party
p.000118: In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by
p.000118: an adverse Party, the respect and pro- tection of medical aircraft of a Party to the conflict is not dependent on any
p.000118: agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in
p.000118: these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making
p.000118: flights bringing them within range of surface-to-air weapons systems of the adverse Party.
p.000118:
p.000118: Article 26 — Medical aircraft in contact or similar zones
p.000118: 1. In and over those parts of the contact zone which are physically con- trolled by friendly forces and in and over
p.000118: those areas the physical con- trol of which is not clearly established, protection for medical aircraft can be fully
p.000118: effective only by prior agreement between the competent military authorities of the Parties to the conflict, as
p.000118: provided for in Ar- ticle 29. Although, in the absence of such an agreement, medical air- craft operate at their own
p.000118: risk, they shall nevertheless be respected after they have been recognized as such.
p.000118: 2. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each
p.000118: other, especially where they are exposed to direct fire from the ground.
p.000118:
p.000118: 24 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 27 — Medical aircraft in areas controlled by an adverse Party
p.000118: 1. The medical aircraft of a Party to the conflict shall continue to be pro- tected while flying over land or sea
p.000118: areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from
p.000118: the competent authority of that adverse Party.
p.000118: 2. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in
p.000118: deviation from the terms of, an agree- ment provided for in paragraph 1, either through navigational error or because
p.000118: of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the
p.000118: adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that
p.000118: Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30,
p.000118: para- graph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft
p.000118: time for compliance, before resort- ing to an attack against the aircraft.
p.000118:
p.000118: Article 28 — Restrictions on operations of medical aircraft
p.000118: 1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any
p.000118: military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render
p.000118: military objectives immune from attack.
p.000118: 2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment
p.000118: intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition
p.000118: in Article 8, sub-paragraph f). The carrying on board of the personal effects of the occupants or of equipment intended
p.000118: solely to facilitate navigation, communication, or identification shall not be considered as prohibited.
p.000118: 3. Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and
p.000118: shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to
p.000118: enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.
p.000118: 4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior
p.000118: agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 25
p.000118:
p.000118:
p.000118: Article 29 — Notifications and agreements concerning medical aircraft
p.000118: 1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31
p.000118: shall state the proposed num- ber of medical aircraft, their flight plans and means of identification, and shall be
p.000118: understood to mean that every flight will be carried out in compliance with Article 28.
p.000118: 2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such
p.000118: notification.
p.000118: 3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as
p.000118: rapidly as possible, notify the requesting Party:
p.000118: a) that the request is agreed to;
p.000118: b) that the request is denied; or
p.000118: c) of reasonable alternative proposals to the request. It may also pro- pose a prohibition or restriction of other
p.000118: flights in the area during the time involved. If the Party which submitted the request accepts the alternative
p.000118: proposals, it shall notify the other Party of such ac- ceptance.
p.000118: 4. The Parties shall take the necessary measures to ensure that notifica- tions and agreements can be made rapidly.
p.000118: 5. The Parties shall also take the necessary measures to disseminate rap- idly the substance of any such
p.000118: notifications and agreements to the mili- tary units concerned and shall instruct those units regarding the means of
p.000118: identification that will be used by the medical aircraft in question.
p.000118:
p.000118: Article 30 — Landing and inspection of medical aircraft
p.000118: 1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the
p.000118: physical control of which is not clearly established, may be ordered to land or to alight on water, as appropri- ate,
p.000118: to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.
p.000118: 2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be
p.000118: subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick to be removed from the aircraft unless their removal is essential for the inspection.
p.000118:
p.000118: 26 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the
p.000118: inspection or by the removal.
p.000118: 3. If the inspection discloses that the aircraft:
p.000118: a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
p.000118: b) is not in violation of the conditions prescribed in Article 28, and
p.000118: c) has not flown without or in breach of a prior agreement where such agreement is required, the aircraft and those
p.000118: of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be
p.000118: authorized to continue the flight without de- lay.
p.000118: 4. If the inspection discloses that the aircraft:
p.000118: a) is not a medical aircraft within the meaning of Article 8, sub-para- graph j),
p.000118: b) is in violation of the conditions prescribed in Article 28, or
p.000118: c) has flown without or in breach of a prior agreement where such agreement is required,
p.000118: the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the
p.000118: Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be
p.000118: used thereafter only as a medical aircraft.
p.000118:
p.000118: Article 31 — Neutral or other States not Parties to the conflict
p.000118: 1. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other
p.000118: State not a Party to the conflict. How- ever, with such an agreement, they shall be respected throughout their flight
p.000118: and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight
p.000118: on water, as appropriate.
p.000118: 2. Should a medical aircraft, in the absence of an agreement or in devia- tion from the terms of an agreement, fly
p.000118: over the territory of a neutral or other State not a Party to the conflict, either through navigational error or
p.000118: because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and
p.000118: to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to
p.000118: give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to
p.000118: safeguard its own interests, and, in either case, to allow the aircraft time for compli- ance, before resorting to an
p.000118: attack against the aircraft.
p.000118: 3. If a medical aircraft, either by agreement or in the circumstances men- tioned in paragraph 2, lands or alights
p.000118: on water in the territory of a
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 27
p.000118:
p.000118:
p.000118: neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be
p.000118: subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection.
p.000118: The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by
p.000118: the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the
p.000118: aircraft with its occupants, other than those who must be detained in accordance with the rules of international law
p.000118: applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the
p.000118: continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized
p.000118: and the occupants treated in accordance with paragraph 4.
p.000118: 4. The wounded, sick and shipwrecked disembarked, otherwise than tem- porarily, from a medical aircraft with the
p.000118: consent of the local authori- ties in the territory of a neutral or other State not a Party to the conflict shall,
p.000118: unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required
p.000118: by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in
p.000118: the hostilities. The cost of hospital treat- ment and internment shall be borne by the State to which those persons
p.000118: belong.
p.000118: 5. Neutral or other States not Parties to the conflict shall apply any condi- tions and restrictions on the passage
p.000118: of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the
p.000118: conflict.
p.000118:
p.000118: SECTION III
p.000118: MISSING AND DEAD PERSONS
p.000118: Article 32 — General principle
p.000118: In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict
p.000118: and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted
p.000118: mainly by the right of families to know the fate of their relatives.
p.000118:
p.000118: 28 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 33 — Missing persons
p.000118: 1. As soon as circumstances permit, and at the latest from the end of ac- tive hostilities, each Party to the
p.000118: conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party
p.000118: shall transmit all relevant information concerning such persons in order to facilitate such searches.
p.000118: 2. In order to facilitate the gathering of information pursuant to the pre- ceding paragraph, each Party to the
p.000118: conflict shall, with respect to per- sons who would not receive more favourable consideration under the Conventions and
p.000118: this Protocol:
p.000118: a) record the information specified in Article 138 of the Fourth Con- vention in respect of such persons who have
p.000118: been detained, impris- oned or otherwise held in captivity for more than two weeks as a re- sult of hostilities or
p.000118: occupation, or who have died during any period of detention;
p.000118: b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of
p.000118: information concerning such per- sons if they have died in other circumstances as a result of hostili- ties or
p.000118: occupation.
p.000118: 3. Information concerning persons reported missing pursuant to para- graph 1 and requests for such information
p.000118: shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International
p.000118: Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is
p.000118: not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the
p.000118: conflict shall ensure that such information is also supplied to the Central Tracing Agency.
p.000118: 4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and
p.000118: recover the dead from battlefied areas, including arrangements, if appropriate, for such teams to be accompa- nied by
p.000118: personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of
p.000118: such teams shall be respected and protected while exclusively carrying out these duties.
p.000118:
p.000118: Article 34 — Remains of deceased
p.000118: 1. The remains of persons who have died for reasons related to occupa- tion or in detention resulting from
p.000118: occupation or hostilities and those of persons not nationals of the country in which they have died as a result of
p.000118: hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as
p.000118: provided for in
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 29
p.000118:
p.000118:
p.000118: Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration
p.000118: under the Conven- tions and this Protocol.
p.000118: 2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in
p.000118: whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result
p.000118: of hostilities or during occupation or in detention are situated, shall conclude agreements in order:
p.000118: a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves
p.000118: registration services and to reg- ulate the practical arrangements for such access;
p.000118: b) to protect and maintain such gravesites permanently;
p.000118: c) to facilitate the return of the remains of the deceased and of per- sonal effects to the home country upon its
p.000118: request or, unless that country objects, upon the request of the next of kin.
p.000118: 3. In the absence of the agreements provided for in paragraph 2 b) or c) and if the home country of such deceased
p.000118: is not willing to arrange at its expense for the maintenance of such gravesites, the High Contract- ing Party in whose
p.000118: territory the gravesites are situated may offer to fa- cilitate the return of the remains of the deceased to the home
p.000118: country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from
p.000118: the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws
p.000118: relating to cemeteries and graves.
p.000118: 4. A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be
p.000118: permitted to exhume the remains only:
p.000118: a) in accordance with paragraphs 2 c) and 3, or
p.000118: b) where exhumation is a matter of overriding public necessity, includ- ing cases of medical and investigative
p.000118: necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to
p.000118: the home country of its intention to exhume the remains together with details of the intended place of reinterment.
p.000118:
p.000118: 30 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART III
p.000118: METHODS AND MEANS OF WARFARE COMbATANT AND PRISONER-OF-WAR STATUS
p.000118:
p.000118: SECTION I
p.000118: Methods and means of warfare
p.000118: Article 35 — basic rules
p.000118: 1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not
p.000118: unlimited.
p.000118: 2. It is prohibited to employ weapons, projectiles and material and meth- ods of warfare of a nature to cause
p.000118: superfluous injury or unnecessary suffering.
p.000118: 3. It is prohibited to employ methods or means of warfare which are in- tended, or may be expected, to cause
p.000118: widespread, long-term and severe damage to the natural environment.
p.000118:
p.000118: Article 36 — New weapons
p.000118: In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting
p.000118: Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by
p.000118: this Protocol or by any other rule of international law applica- ble to the High Contracting Party.
p.000118:
p.000118: Article 37 — Prohibition of perfidy
p.000118: 1. It is prohibited to kill, injure or capture an adversary by resort to per- fidy. Acts inviting the confidence of
p.000118: an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of
p.000118: international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The
p.000118: following acts are exam- ples of perfidy:
p.000118: a) the feigning of an intent to negotiate under a flag of truce or of a surrender;
p.000118: b) the feigning of an incapacitation by wounds or sickness;
p.000118: c) the feigning of civilian, non-combatant status; and
p.000118: d) the feigning of protected status by the use of signs, emblems or uni- forms of the United Nations or of neutral or
p.000118: other States not Parties to the conflict.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 31
p.000118:
p.000118:
p.000118: 2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him
p.000118: to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not
p.000118: perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The
p.000118: following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.
p.000118:
p.000118: Article 38 — Recognized emblems
p.000118: 1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and
...

p.000118: including the flag of truce, and the protective emblem of cultural property.
p.000118: 2. It is prohibited to make use of the distinctive emblem of the United Na- tions, except as authorized by that
p.000118: Organization.
p.000118:
p.000118: Article 39 — Emblems of nationality
p.000118: 1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of
p.000118: neutral or other States not Parties to the conflict.
p.000118: 2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while
p.000118: engaging in attacks or in order to shield, favour, protect or impede military operations.
p.000118: 3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing generally recognized rules
p.000118: of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
p.000118:
p.000118: Article 40 — Quarter
p.000118: It is prohibited to order that there shall be no survivors, to threaten an ad- versary therewith or to conduct
p.000118: hostilities on this basis.
p.000118:
p.000118: Article 41 — Safeguard of an enemy hors de combat
p.000118: 1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be
p.000118: made the object of attack.
p.000118: 2. A person is hors de combat if:
p.000118: a) he is in the power of an adverse Party;
p.000118:
p.000118: 32 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) he clearly expresses an intention to surrender; or
p.000118: c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable
p.000118: of defending himself;
p.000118: provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
p.000118: 3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under
p.000118: unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third
p.000118: Convention, they shall be released and all feasible precau- tions shall be taken to ensure their safety.
p.000118:
p.000118: Article 42 — Occupants of aircraft
p.000118: 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
p.000118: 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an
p.000118: aircraft in distress shall be given an opportunity to surrender before being made the object of attack, un- less it is
p.000118: apparent that he is engaging in a hostile act.
p.000118: 3. Airborne troops are not protected by this Article.
p.000118:
p.000118: SECTION II
p.000118: Combatant and prisoner-of-war status
p.000118: Article 43 — Armed forces
p.000118: 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are
p.000118: under a command responsible to that Party for the conduct of its subordinates, even if that Party is rep- resented by a
p.000118: government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal
p.000118: disciplinary system which, inter alia, shall enforce compliance with the rules of in- ternational law applicable in
p.000118: armed conflict.
p.000118: 2. Members of the armed forces of a Party to a conflict (other than medi- cal personnel and chaplains covered by
p.000118: Article 33 of the Third Conven- tion) are combatants, that is to say, they have the right to participate directly in
p.000118: hostilities.
p.000118: 3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces
p.000118: it shall so notify the other Parties to the conflict.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 33
p.000118:
p.000118:
p.000118: Article 44 — Combatants and prisoners of war
p.000118: 1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of
p.000118: war.
p.000118: 2. While all combatants are obliged to comply with the rules of interna- tional law applicable in armed conflict,
p.000118: violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power
p.000118: of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.
p.000118: 3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are
p.000118: obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military
p.000118: operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to
p.000118: the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a
p.000118: combatant, provided that, in such situations, he carries his arms openly:
p.000118: a) during each military engagement, and
p.000118: b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the
p.000118: launching of an attack in which he is to participate.
p.000118: Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of
p.000118: Article 37, paragraph 1 c).
p.000118: 4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the
p.000118: second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, neverthe- less, be given
p.000118: protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this
p.000118: Protocol. This protection includes protections equivalent to those accorded to prison- ers of war by the Third
p.000118: Convention in the case where such a person is tried and punished for any offences he has committed.
p.000118: 5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military
p.000118: operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of
p.000118: his prior activities.
p.000118: 6. This Article is without prejudice to the right of any person to be a pris- oner of war pursuant to Article 4 of
p.000118: the Third Convention.
p.000118: 7. This Article is not intended to change the generally accepted practice of States with respect to the wearing of
p.000118: the uniform by combatants as- signed to the regular, uniformed armed units of a Party to the conflict.
p.000118:
p.000118: 34 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all
p.000118: members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to
p.000118: protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at
p.000118: sea or in other waters.
p.000118:
p.000118: Article 45 — Protection of persons who have taken part in hostilities
p.000118: 1. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a
p.000118: prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war,
p.000118: or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by
p.000118: notifi- cation to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person
p.000118: is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by
p.000118: the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.
p.000118: 2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be
p.000118: tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to
p.000118: prisoner-of-war status before a judicial tribunal and to have that ques- tion adjudicated. Whenever possible under
p.000118: the applicable procedure, this adjudication shall occur before the trial for the offence. The rep- resentatives of
p.000118: the Protecting Power shall be entitled to attend the pro- ceedings in which that question is adjudicated, unless,
p.000118: exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power
p.000118: shall advise the Protecting Power accordingly.
p.000118: 3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not
p.000118: benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to
p.000118: the protection of Article 75 of this Protocol. In oc- cupied territory, any such person, unless he is held as a spy,
p.000118: shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that
p.000118: Convention.
p.000118:
p.000118: Article 46 — Spies
p.000118: 1. Notwithstanding any other provision of the Conventions or of this Pro- tocol, any member of the armed forces of
p.000118: a Party to the conflict who falls into the power of an adverse Party while engaging in espionage
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 35
p.000118:
p.000118:
p.000118: shall not have the right to the status of prisoner of war and may be treated as a spy.
p.000118: 2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled
p.000118: by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if,
p.000118: while so acting, he is in the uniform of his armed forces.
p.000118: 3. A member of the armed forces of a Party to the conflict who is a resi- dent of territory occupied by an adverse
p.000118: Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value
p.000118: within that territory shall not be considered as engag- ing in espionage unless he does so through an act of false
p.000118: pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of
p.000118: prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.
p.000118: 4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an
p.000118: adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of pris- oner
p.000118: of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he
p.000118: belongs.
p.000118:
p.000118: Article 47 — Mercenaries
p.000118: 1. A mercenary shall not have the right to be a combatant or a prisoner of war.
p.000118: 2. A mercenary is any person who:
p.000118: a) is specially recruited locally or abroad in order to fight in an armed conflict;
p.000118: b) does, in fact, take a direct part in the hostilities;
p.000118: c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised,
p.000118: by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to
p.000118: combatants of similar ranks and functions in the armed forces of that Party;
p.000118: d) is neither a national of a Party to the conflict nor a resident of terri- tory controlled by a Party to the
p.000118: conflict;
p.000118: e) is not a member of the armed forces of a Party to the conflict; and
p.000118: f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed
p.000118: forces.
p.000118:
p.000118: 36 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART IV
p.000118: CIVILIAN POPULATION
p.000118:
p.000118: SECTION I
p.000118: General protection against effects of hostilities
p.000118:
p.000118: CHAPTER I
p.000118: basic rule and field of application
p.000118: Article 48 — basic rule
p.000118: In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the
p.000118: conflict shall at all times distinguish be- tween the civilian population and combatants and between civilian objects
p.000118: and military objectives and accordingly shall direct their operations only against military objectives.
p.000118:
p.000118: Article 49 — Definition of attacks and scope of application
p.000118: 1. “Attacks” means acts of violence against the adversary, whether in of- fence or in defence.
p.000118: 2. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted,
p.000118: including the national territory belong- ing to a Party to the conflict but under the control of an adverse Party.
p.000118: 3. The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population,
p.000118: individual civilians or civilian ob- jects on land. They further apply to all attacks from the sea or from the air
p.000118: against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at
p.000118: sea or in the air.
p.000118: 4. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the
p.000118: Fourth Convention, particu- larly in Part II thereof, and in other international agreements binding upon the High
p.000118: Contracting Parties, as well as to other rules of interna- tional law relating to the protection of civilians and
p.000118: civilian objects on land, at sea or in the air against the effects of hostilities.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 37
p.000118:
p.000118:
p.000118: CHAPTER II
p.000118: Civilians and civilian population
p.000118: Article 50 — Definition of civilians and civilian population
p.000118: 1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4 A 1),
p.000118: 2), 3) and 6) of the Third Con- vention and in Article 43 of this Protocol. In case of doubt whether a person is a
p.000118: civilian, that person shall be considered to be a civilian.
p.000118: 2. The civilian population comprises all persons who are civilians.
p.000118: 3. The presence within the civilian population of individuals who do not come within the definition of civilians
p.000118: does not deprive the population of its civilian character.
p.000118:
...

p.000118: shall be presumed not to be so used.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 39
p.000118:
p.000118:
p.000118: Article 53 — Protection of cultural objects and of places of wor- ship
p.000118: Without prejudice to the provisions of the Hague Convention for the Pro- tection of Cultural Property in the Event of
p.000118: Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:
p.000118: a) to commit any acts of hostility directed against the historic monu- ments, works of art or places of worship which
p.000118: constitute the cul- tural or spiritual heritage of peoples;
p.000118: b) to use such objects in support of the military effort;
p.000118: c) to make such objects the object of reprisals.
p.000118:
p.000118: Article 54 — Protection of objects indispensable to the survival of the civilian population
p.000118: 1. Starvation of civilians as a method of warfare is prohibited.
p.000118: 2. It is prohibited to attack, destroy, remove or render useless objects in- dispensable to the survival of the
p.000118: civilian population, such as food- stuffs, agricultural areas for the production of foodstuffs, crops, live- stock,
p.000118: drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their
p.000118: sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve
p.000118: out civilians, to cause them to move away, or for any other motive.
p.000118: 3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse
p.000118: Party:
p.000118: a) as sustenance solely for the members of its armed forces; or
p.000118: b) if not as sustenance, then in direct support of military action, pro- vided, however, that in no event shall
p.000118: actions against these objects be taken which may be expected to leave the civilian population with such inadequate
p.000118: food or water as to cause its starvation or force its movement.
p.000118: 4. These objects shall not be made the object of reprisals.
p.000118: 5. In recognition of the vital requirements of any Party to the conflict in the defence of its national territory
p.000118: against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conflict
p.000118: within such territory under its own control where required by imperative military necessity.
p.000118:
p.000118: 40 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 55 — Protection of the natural environment
p.000118: 1. Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe
p.000118: damage. This protection includes a prohibition of the use of methods or means of warfare which are intend- ed or may be
p.000118: expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the
p.000118: population.
p.000118: 2. Attacks against the natural environment by way of reprisals are prohibited.
p.000118:
p.000118: Article 56 — Protection of works and installations containing dan- gerous forces
p.000118: 1. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating
p.000118: stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may
p.000118: cause the release of dangerous forces and consequent severe losses among the civilian population. Other military
p.000118: objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such
p.000118: attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the
...

p.000118: attacked, all practical precautions shall be taken to avoid the release of the dangerous forces.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 41
p.000118:
p.000118:
p.000118: 4. It is prohibited to make any of the works, installations or military ob- jectives mentioned in paragraph 1 the
p.000118: object of reprisals.
p.000118: 5. The Parties to the conflict shall endeavour to avoid locating any mili- tary objectives in the vicinity of the
p.000118: works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of defending
p.000118: the protected works or installations from attack are permis- sible and shall not themselves be made the object of
p.000118: attack, provided that they are not used in hostilities except for defensive actions neces- sary to respond to attacks
p.000118: against the protected works or installations and that their armament is limited to weapons capable only of repelling
p.000118: hostile action against the protected works or installations.
p.000118: 6. The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements among
p.000118: themselves to provide addition- al protection for objects containing dangerous forces.
p.000118: 7. In order to facilitate the identification of the objects protected by this Article, the Parties to the conflict
p.000118: may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as
p.000118: specified in Article 16* of Annex 1 to this Protocol. The absence of such marking in no way relieves any Party to the
p.000118: conflict of its obli- gations under this Article.
p.000118:
p.000118: CHAPTER IV
p.000118: Precautionary measures
p.000118: Article 57 — Precautions in attack
p.000118: 1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians
p.000118: and civilian objects.
p.000118: 2. With respect to attacks, the following precautions shall be taken:
p.000118: a) those who plan or decide upon an attack shall:
p.000118: i) do everything feasible to verify that the objectives to be attac- ked are neither civilians nor civilian
p.000118: objects and are not sub- ject to special protection but are military objectives within the meaning of paragraph 2 of
p.000118: Article 52 and that it is not prohibi- ted by the provisions of this Protocol to attack them;
p.000118: ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding,
p.000118: and in any event to
p.000118:
p.000118:
p.000118: * The cross-reference to Article 16 of Annex 1 should now be read as the cross-reference to Article 17
p.000118:
p.000118: 42 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects;
p.000118: iii) refrain from deciding to launch any attack which may be ex- pected to cause incidental loss of civilian life,
p.000118: injury to civi- lians, damage to civilian objects, or a combination thereof, which would be excessive in
p.000118: relation to the concrete and direct military advantage anticipated;
p.000118: b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is
p.000118: subject to special pro- tection or that the attack may be expected to cause incidental loss of civilian life, injury to
p.000118: civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete
p.000118: and direct military advantage anticipated;
p.000118: c) effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances
p.000118: do not permit.
p.000118: 3. When a choice is possible between several military objectives for ob- taining a similar military advantage, the
p.000118: objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives
p.000118: and to civilian objects.
p.000118: 4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with
p.000118: its rights and duties under the rules of international law applicable in armed conflict, take all reasonable pre-
p.000118: cautions to avoid losses of civilian lives and damage to civilian objects.
p.000118: 5. No provision of this Article may be construed as authorizing any at- tacks against the civilian population,
p.000118: civilians or civilian objects.
p.000118:
p.000118: Article 58 — Precautions against the effects of attacks
p.000118: The Parties to the conflict shall, to the maximum extent feasible:
p.000118: a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual
p.000118: civilians and civilian objects under their control from the vicinity of military objectives;
p.000118: b) avoid locating military objectives within or near densely populated areas;
p.000118: c) take the other necessary precautions to protect the civilian popula- tion, individual civilians and civilian
p.000118: objects under their control against the dangers resulting from military operations.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 43
p.000118:
p.000118:
p.000118: CHAPTER V
p.000118: Localities and zones under special protection
p.000118: Article 59 — Non-defended localities.
p.000118: 1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.
p.000118: 2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited
p.000118: place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a
p.000118: locality shall fulfil the following conditions:
p.000118: a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
p.000118: b) no hostile use shall be made of fixed military installations or estab- lishments;
p.000118: c) no acts of hostility shall be committed by the authorities or by the population; and
p.000118: d) no activities in support of military operations shall be undertaken.
p.000118: 3. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of
p.000118: police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down
p.000118: in paragraph 2.
p.000118: 4. The declaration made under paragraph 2 shall be addressed to the ad- verse Party and shall define and describe,
p.000118: as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration
p.000118: is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the
p.000118: conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party
p.000118: making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue
p.000118: to enjoy the protection provided by the other provisions of this Protocol and the other rules of international
p.000118: law applicable in armed conflict.
p.000118: 5. The Parties to the conflict may agree on the establishment of non-defended localities even
p.000118: if such localities do not fulfil the con- ditions laid down in paragraph 2. The agreement should define and
p.000118: describe, as precisely as possible, the limits of the non-defended local- ity; if necessary, it may lay down the
p.000118: methods of supervision.
p.000118: 6. The Party which is in control of a locality governed by such an agree- ment shall mark it, so far as possible,
p.000118: by such signs as may be agreed
p.000118:
p.000118: 44 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and
p.000118: limits and on highways.
p.000118: 7. A locality loses its status as a non-defended locality when it ceases to ful- fil the conditions laid down in
p.000118: paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality shall continue to
p.000118: enjoy the protection provided by the other provisions of this Protocol and the other rules of international law
p.000118: applicable in armed conflict.
p.000118:
p.000118: Article 60 — Demilitarized zones
p.000118: 1. It is prohibited for the Parties to the conflict to extend their military operations to zones on which they have
p.000118: conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement.
p.000118: 2. The agreement shall be an express agreement, may be concluded ver- bally or in writing, either directly or
p.000118: through a Protecting Power or any impartial humanitarian organization, and may consist of recipro- cal and concordant
p.000118: declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should
p.000118: define and describe, as precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the
p.000118: methods of supervision.
p.000118: 3. The subject of such an agreement shall normally be any zone which fulfils the following conditions:
p.000118: a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
p.000118: b) no hostile use shall be made of fixed military installations or estab- lishments;
p.000118: c) no acts of hostility shall be committed by the authorities or by the population; and
p.000118: d) any activity linked to the military effort must have ceased.
p.000118: The Parties to the conflict shall agree upon the interpretation to be giv- en to the condition laid down in
p.000118: sub-paragraph d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4.
p.000118: 4. The presence, in this zone, of persons specially protected under the Conventions and this Protocol,
p.000118: and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid
p.000118: down in paragraph 3.
p.000118: 5. The Party which is in control of such a zone shall mark it, so far as pos- sible, by such signs as may be agreed
p.000118: upon with the other Party, which
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 45
p.000118:
p.000118:
p.000118: shall be displayed where they are clearly visible, especially on its perim- eter and limits and on highways.
p.000118: 6. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of
p.000118: them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.
p.000118: 7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the
p.000118: other Party shall be released from its obligations under the agreement conferring upon the zone the status of
p.000118: demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection
p.000118: provided by the other provi- sions of this Protocol and the other rules of international law applicable in armed
p.000118: conflict.
p.000118:
p.000118: CHAPTER VI
p.000118: Civil defence
p.000118: Article 61 — Definitions and scope
p.000118: For the purposes of this Protocol:
p.000118: a) “civil defence” means the performance of some or all of the under- mentioned humanitarian tasks intended to
p.000118: protect the civilian population against the dangers, and to help it to recover from the immediate effects, of
p.000118: hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are:
p.000118: i) warning;
p.000118: ii) evacuation;
p.000118: iii) management of shelters;
p.000118: iv) management of blackout measures;
p.000118: v) rescue;
p.000118: vi) medical services, including first aid, and religious assistance;
p.000118: vii) fire-fighting;
p.000118: viii) detection and marking of danger areas;
p.000118: ix) decontamination and similar protective measures;
p.000118: x) provision of emergency accommodation and supplies;
p.000118: xi) emergency assistance in the restoration and maintenance of order in distressed areas;
p.000118: xii) emergency repair of indispensable public utilities;
p.000118: xiii) emergency disposal of the dead;
p.000118:
p.000118: 46 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: xiv) assistance in the preservation of objects essential for survival;
p.000118: xv) complementary activities necessary to carry out any of the tasks mentioned above, including, but not
p.000118: limited to, planning and organization;
p.000118: b) “civil defence organizations” means those establishments and other units which are organized or authorized by the
p.000118: competent authori- ties of a Party to the conflict to perform any of the tasks mentioned under sub-paragraph a), and
p.000118: which are assigned and devoted exclu- sively to such tasks;
p.000118: c) “personnel” of civil defence organizations means those persons as- signed by a Party to the conflict exclusively
p.000118: to the performance of the tasks mentioned under sub-paragraph a), including personnel assigned by the competent
p.000118: authority of that Party exclusively to the administration of these organizations;
p.000118: d) “matériel” of civil defence organizations means equipment, supplies and transports used by these organizations for
p.000118: the performance of the tasks mentioned under sub-paragraph a).
p.000118:
p.000118: Article 62 — General protection
p.000118: 1. Civilian civil defence organizations and their personnel shall be re- spected and protected, subject to the
p.000118: provisions of this Protocol, partic- ularly the provisions of this Section. They shall be entitled to perform their
p.000118: civil defence tasks except in case of imperative military necessity.
p.000118: 2. The provisions of paragraph 1 shall also apply to civilians who, al- though not members of civilian
p.000118: civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under
p.000118: their control.
p.000118: 3. Buildings and matériel used for civil defence purposes and shelters pro- vided for the civilian population are
p.000118: covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use
p.000118: except by the Party to which they belong.
p.000118:
p.000118: Article 63 — Civil defence in occupied territories
p.000118: 1. In occupied territories, civilian civil defence organizations shall receive from the authorities the
p.000118: facilities necessary for the performance of their tasks. In no circumstances shall their personnel be compelled to
p.000118: perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not
p.000118: change the structure or personnel of such organizations in any way which might jeopardize the
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 47
p.000118:
p.000118:
p.000118: efficient performance of their mission. These organizations shall not be required to give priority to the nationals or
p.000118: interests of that Power.
p.000118: 2. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their
p.000118: tasks in any manner prejudicial to the interests of the civilian population.
p.000118: 3. The Occupying Power may disarm civil defence personnel for reasons of security.
p.000118: 4. The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging
p.000118: to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.
p.000118: 5. Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or
p.000118: divert these resources, subject to the following particular conditions:
p.000118: a) that the buildings or matériel are necessary for other needs of the civilian population; and
p.000118: b) that the requisition or diversion continues only while such necessity exists.
p.000118: 6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the
p.000118: civilian population or needed by such population.
p.000118:
p.000118: Article 64 — Civilian civil defence organizations
p.000118: of neutral or other States not Parties to the conflict and international co-ordinating organizations
p.000118: 1. Articles 62, 63, 65 and 66 shall also apply to the personnel and maté- riel of civilian civil defence
p.000118: organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in
p.000118: Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party.
p.000118: Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no cir-
p.000118: cumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be
p.000118: performed with due regard to the security interests of the Parties to the conflict concerned.
p.000118: 2. The Parties to the conflict receiving the assistance referred to in para- graph 1 and the High Contracting
p.000118: Parties granting it should facilitate international co-ordination of such civil defence actions when appro- priate. In
p.000118: such cases the relevant international organizations are cov- ered by the provisions of this Chapter.
p.000118:
p.000118: 48 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 3. In occupied territories, the Occupying Power may only exclude or re- strict the activities of civilian civil
p.000118: defence organizations of neutral or other States not Parties to the conflict and of international co-ordinat- ing
p.000118: organizations if it can ensure the adequate performance of civil de- fence tasks from its own resources or those of the
p.000118: occupied territory.
p.000118:
p.000118: Article 65 — Cessation of protection
p.000118: 1. The protection to which civilian civil defence organizations, their personnel, buildings, shelters and
p.000118: matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts
p.000118: harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate,
p.000118: a reasonable time-limit, and after such warning has remained unheeded.
p.000118: 2. The following shall not be considered as acts harmful to the enemy:
p.000118: a) that civil defence tasks are carried out under the direction or con- trol of military authorities;
p.000118: b) that civilian civil defence personnel co-operate with military per- sonnel in the performance of civil defence
p.000118: tasks, or that some mili- tary personnel are attached to civilian civil defence organizations;
p.000118: c) that the performance of civil defence tasks may incidentally benefit military victims, particularly those who are
p.000118: hors de combat.
p.000118: 3. It shall also not be considered as an act harmful to the enemy that civil- ian civil defence personnel bear
p.000118: light individual weapons for the pur- pose of maintaining order or for self-defence. However, in areas where land
p.000118: fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate
p.000118: measures to limit these weapons to handguns, such as pistols or revolvers, in order to assist in distinguishing
p.000118: between civil defence personnel and combatants. Al- though civil defence personnel bear other light individual weapons
p.000118: in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such.
p.000118: 4. The formation of civilian civil defence organizations along military lines, and compulsory service in
p.000118: them, shall also not deprive them of the protection conferred by this Chapter.
p.000118:
p.000118: Article 66 — Identification
p.000118: 1. Each Party to the conflict shall endeavour to ensure that its civil de- fence organizations, their personnel,
p.000118: buildings and matériel, are iden- tifiable while they are exclusively devoted to the perfomance of civil
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 49
p.000118:
p.000118:
p.000118: defence tasks. Shelters provided for the civilian population should be similarly identifiable.
p.000118: 2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it
p.000118: possible to recognize civil- ian shelters as well as civil defence personnel, buildings and matériel on which the
p.000118: international distinctive sign of civil defence is displayed.
p.000118: 3. In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil
p.000118: defence personnel should be recog- nizable by the international distinctive sign of civil defence and by an identity
p.000118: card certifying their status.
p.000118: 4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when
p.000118: used for the protection of civil de- fence organizations, their personnel, buildings and matériel and for ci- vilian
p.000118: shelters.
p.000118: 5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for
p.000118: civil defence identification purposes.
p.000118: 6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter v of Annex 1 to this Protocol.
p.000118: 7. In time of peace, the sign described in paragraph 4 may, with the con- sent of the competent national
p.000118: authorities, be used for civil defence identification purposes.
p.000118: 8. The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the
p.000118: display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.
p.000118: 9. The identification of civil defence medical and religious personnel, medical units and medical
p.000118: transports is also governed by Article 18.
p.000118:
p.000118: Article 67 — Members of the armed forces and military units as- signed to civil defence organizations
p.000118: 1. Members of the armed forces and military units assigned to civil de- fence organizations shall be respected and
p.000118: protected, provided that:
p.000118: a) such personnel and such units are permanently assigned and exclu- sively devoted to the performance of any of the
p.000118: tasks mentioned in Article 61;
p.000118: b) if so assigned, such personnel do not perform any other military duties during the conflict;
p.000118:
p.000118: 50 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: c) such personnel are clearly distinguishable from the other members of the armed forces by prominently
p.000118: displaying the international distinctive sign of civil defence, which shall be as large as appropri- ate, and such
p.000118: personnel are provided with the identity card referred to in Chapter v of Annex 1 to this Protocol certifying their
p.000118: status;
p.000118: d) such personnel and such units are equipped only with light indi- vidual weapons for the purpose of maintaining
p.000118: order or for self- defence. The provisions of Article 65, paragraph 3 shall also apply in this case;
p.000118: e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside
p.000118: their civil defence tasks, acts harmful to the adverse Party;
p.000118: f) such personnel and such units perform their civil defence tasks only within the national territory of their Party.
p.000118: The non-observance of the conditions stated in e) above by any member of the armed forces who is bound by the
p.000118: conditions prescribed in a) and
p.000118: b) above is prohibited.
p.000118: 2. Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse
p.000118: Party, be prisoners of war. In oc- cupied territory they may, but only in the interest of the civilian popu- lation of
p.000118: that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is
p.000118: dangerous, they volunteer for such tasks.
p.000118: 3. The buildings and major items of equipment and transports of military units assigned to civil defence
p.000118: organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign
p.000118: shall be as large as appropriate.
p.000118: 4. The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively
p.000118: devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain
p.000118: subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for
p.000118: the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements
p.000118: have been made for adequate provision for the needs of the civilian population.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 51
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Relief in favour of the civilian population
p.000118: Article 68 — Field of application
p.000118: The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to
p.000118: Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
p.000118:
p.000118: Article 69 — basic needs in occupied territories
p.000118: 1. In addition to the duties specified in Article 55 of the Fourth Conven- tion concerning food and medical
p.000118: supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse
p.000118: distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival
p.000118: of the civilian population of the occupied territory and objects necessary for religious worship.
p.000118: 2. Relief actions for the benefit of the civilian population of occupied ter- ritories are governed by Articles 59,
p.000118: 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be
p.000118: implemented without delay.
p.000118:
p.000118: Article 70 — Relief actions
p.000118: 1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied
p.000118: territory, is not adequately provid- ed with the supplies mentioned in Article 69, relief actions which are
p.000118: humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to
p.000118: the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as
p.000118: interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be
p.000118: given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth
p.000118: Convention or under this Protocol, are to be accorded privileged treatment or special protection.
p.000118: 2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded
p.000118: passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such
p.000118: assistance is destined for the civilian population of the ad- verse Party.
p.000118: 3. The Parties to the conflict and each High Contracting Party which al- low the passage of relief consignments,
p.000118: equipment and personnel in accordance with paragraph 2:
p.000118:
p.000118: 52 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) shall have the right to prescribe the technical arrangements, includ- ing search, under which such passage is
p.000118: permitted;
p.000118: b) may make such permission conditional on the distribution of this as- sistance being made under the local
p.000118: supervision of a Protecting Power;
p.000118: c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay
p.000118: their forwarding, ex- cept in cases of urgent necessity in the interest of the civilian popu- lation concerned.
p.000118: 4. The Parties to the conflict shall protect relief consignments and facili- tate their rapid distribution.
p.000118: 5. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective
p.000118: international co-ordination of the relief actions referred to in paragraph 1.
p.000118:
p.000118: Article 71 — Personnel participating in relief actions
p.000118: 1. Where necessary, relief personnel may form part of the assistance pro- vided in any relief action, in particular
p.000118: for the transportation and dis- tribution of relief consignments; the participation of such personnel shall be subject
p.000118: to the approval of the Party in whose territory they will carry out their duties.
p.000118: 2. Such personnel shall be respected and protected.
p.000118: 3. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief
p.000118: personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military
p.000118: necessity may the activities of the relief personnel be limited or their movements temporarily restricted.
p.000118: 4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular
p.000118: they shall take account of the security requirements of the Party in whose territory they are carrying out their
p.000118: duties. The mission of any of the personnel who do not respect these conditions may be terminated.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 53
p.000118:
p.000118:
p.000118: SECTION III
p.000118: Treatment of persons in the power of a party to the conflict
p.000118:
p.000118: CHAPTER I
p.000118: Field of application and protection of perons and objects
p.000118: Article 72 — Field of application
p.000118: The provisions of this Section are additional to the rules concerning humani- tarian protection of civilians and
p.000118: civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and
p.000118: III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human
p.000118: rights during international armed conflict.
p.000118:
p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
...

p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
...

p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
p.000118: evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the
p.000118: evacuation.
p.000118: 2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral
p.000118: education as his parents desire, shall be provided while he is away with the greatest possible continuity.
p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
...

p.000118: Article 81 — Activities of the Red Cross and other humanitarian organizations
p.000118: 1. The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities within
p.000118: their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this
p.000118: Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the
p.000118: Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of
p.000118: the Parties to the conflict concerned.
p.000118: 2. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun)
p.000118: organizations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the
p.000118: conflict, in accordance with the provisions of the Conventions and this Protocol and the Fundamental Principles of the
p.000118: Red Cross as for- mulated by the International Conferences of the Red Cross.
p.000118: 3. The High Contracting Parties and the Parties to the conflict shall fa- cilitate in every possible way the
p.000118: assistance which Red Cross (Red Cres- cent, Red Lion and Sun) organizations and the League of Red Cross Societies1
p.000118: extend to the victims of conflicts in accordance with the provisions of the Conventions and this Protocol and
p.000118: with the Funda- mental Principles of the Red Cross as formulated by the International Conferences of the Red Cross.
p.000118:
p.000118: 1 On 10 February 1992 the Swiss Federal Council, government of the State depositary of the 1949 Geneva Conven-
p.000118: tions, notified all States party to the Conventions that on 28 November 1991 the League of Red Cross and Red Crescent
p.000118: Societies had changed its name to “International Federation of Red Cross and Red Crescent Societies”.
p.000118:
p.000118: 60 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 4. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar
p.000118: to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizations referred to in the
p.000118: Conventions and this Protocol which are duly authorized by the respective Parties to the conflict and which perform
p.000118: their humanitar- ian activities in accordance with the provisions of the Conventions and this Protocol.
p.000118:
p.000118: Article 82 — Legal advisers in armed forces
p.000118: The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that
p.000118: legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application
p.000118: of the Conventions and this Protocol and on the appropriate in- struction to be given to the armed forces on this
p.000118: subject.
p.000118:
p.000118: Article 83 — Dissemination
p.000118: 1. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the
p.000118: Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the
p.000118: study thereof in their programmes of military instruction and to encourage the study thereof by the civilian
p.000118: population, so that those instruments may become known to the armed forces and to the civilian population.
p.000118: 2. Any military or civilian authorities who, in time of armed conflict, as- sume responsibilities in respect of the
p.000118: application of the Conventions and this Protocol shall be fully acquainted with the text thereof.
p.000118:
p.000118: Article 84 — Rules of application
p.000118: The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as
p.000118: appropriate, through the Protect- ing Powers, their official translations of this Protocol, as well as the laws and
p.000118: regulations which they may adopt to ensure its application.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 61
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Repression of breaches of the Conventions and of this Protocol
p.000118: Article 85 — Repression of breaches of this Protocol
p.000118: 1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by
p.000118: this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
p.000118: 2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against
p.000118: persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded,
p.000118: sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious
p.000118: personnel, medi- cal units or medical transports which are under the control of the ad- verse Party and are protected
p.000118: by this Protocol.
p.000118: 3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches
p.000118: of this Protocol, when commit- ted wilfully, in violation of the relevant provisions of this Protocol, and causing
p.000118: death or serious injury to body or health:
p.000118: a) making the civilian population or individual civilians the object of attack;
p.000118: b) launching an indiscriminate attack affecting the civilian popula- tion or civilian objects in the knowledge that
p.000118: such attack will cause excessive loss of life, injury to civilians or damage to civilian ob- jects, as defined in
p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
p.000118: 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following
p.000118: shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions
p.000118: or the Protocol:
p.000118:
p.000118: 62 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) the transfer by the Occupying Power of parts of its own civilian popu- lation into the territory it occupies, or
p.000118: the deportation or transfer of all or parts of the population of the occupied territory within or out- side this
p.000118: territory, in violation of Article 49 of the Fourth Convention;
p.000118: b) unjustifiable delay in the repatriation of prisoners of war or civilians;
p.000118: c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based
p.000118: on racial discrimi- nation;
p.000118: d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural
p.000118: or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example,
p.000118: within the framework of a competent international organization, the object of attack, causing as a result extensive
p.000118: destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53,
p.000118: sub-paragraph b), and when such historic monuments, works of art and places of worship are not located in the immediate
p.000118: proximity of military objectives;
p.000118: e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of
p.000118: fair and regular trial.
p.000118: 5. Without prejudice to the application of the Conventions and of this Proto- col, grave breaches of these
p.000118: instruments shall be regarded as war crimes.
p.000118:
p.000118: Article 86 — Failure to act
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- press grave breaches, and take measures
p.000118: necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act
p.000118: when under a duty to do so.
p.000118: 2. The fact that a breach of the Conventions or of this Protocol was com- mitted by a subordinate does not absolve
p.000118: his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had in- formation which
p.000118: should have enabled them to conclude in the circum- stances at the time, that he was committing or was going to commit
p.000118: such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.
p.000118:
p.000118: Article 87 — Duty of commanders
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- quire military commanders, with
p.000118: respect to members of the armed forces under their command and other persons under their control,
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 63
p.000118:
p.000118:
p.000118: to prevent and, where necessary, to suppress and report to competent authorities breaches of the Conventions and of
p.000118: this Protocol.
p.000118: 2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require
p.000118: that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their
p.000118: command are aware of their obligations under the Conventions and this Protocol.
p.000118: 3. The High Contracting Parties and Parties to the conflict shall require any commander who is aware that
p.000118: subordinates or other persons under his control are going to commit or have committed a breach of the Conven- tions or
p.000118: of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this
p.000118: Protocol, and, where appropri- ate, to initiate disciplinary or penal action against violators thereof.
p.000118:
p.000118: Article 88 — Mutual assistance in criminal matters
p.000118: 1. The High Contracting Parties shall afford one another the greatest measure of assistance in connexion
p.000118: with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.
p.000118: 2. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this
p.000118: Protocol, and when circumstanc- es permit, the High Contracting Parties shall co-operate in the matter of extradition.
p.000118: They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.
p.000118: 3. The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding
p.000118: paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bi- lateral
p.000118: or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal
p.000118: matters.
p.000118:
p.000118: Article 89 — Co-operation
p.000118: In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to
p.000118: act, jointly or individually, in co-operation with the United Nations and in conformity with the United Nations
p.000118: Charter.
p.000118:
p.000118: Article 90 — International Fact-Finding Commission
p.000118: 1. a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of
p.000118: fifteen members of high moral standing and acknowledged impartiality shall be established.
p.000118:
p.000118: 64 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant
p.000118: to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of
p.000118: representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the
p.000118: meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which
p.000118: each of those High Contracting Parties may nominate one person.
p.000118: c) The members of the Commission shall serve in their personal ca- pacity and shall hold office until the election of
p.000118: new members at the ensuing meeting.
p.000118: d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission
p.000118: individually possess the qualifications required and that, in the Commission as a whole, eq- uitable geographical
p.000118: representation is assured.
p.000118: e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions
p.000118: of the preceding sub- paragraphs.
p.000118: f) The depositary shall make available to the Commission the neces- sary administrative facilities for the
p.000118: performance of its functions.
p.000118: 2. a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any
p.000118: other subsequent time, de- clare that they recognize ipso facto and without special agreement, in relation to any other
p.000118: High Contracting Party accepting the same obligation, the competence of the Commission to enquire into al- legations by
p.000118: such other Party, as authorized by this Article.
p.000118: b) The declarations referred to above shall be deposited with the de- positary, which shall transmit copies thereof
p.000118: to the High Contract- ing Parties.
p.000118: c) The Commission shall be competent to:
p.000118: i) enquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other
p.000118: serious violation of the Conventions or of this Protocol;
p.000118: ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this
p.000118: Protocol.
p.000118: d) In other situations, the Commission shall institute an enquiry at the request of a Party to the conflict only with
p.000118: the consent of the other Party or Parties concerned.
p.000118: e) Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of the First Convention,
p.000118: Article 53 of the Second Conven-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 65
p.000118:
p.000118:
p.000118: tion, Article 132 of the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any
p.000118: alleged violation of the Con- ventions and shall extend to any alleged violation of this Protocol.
p.000118: 3. a) Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken by a Chamber
p.000118: consisting of seven members ap- pointed as follows:
p.000118: i) five members of the Commission, not nationals of any Party to the conflict, appointed by the President of the
p.000118: Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to
p.000118: the conflict;
p.000118: ii) two ad hoc members, not nationals of any Party to the conflict, one to be appointed by each side.
p.000118: b) Upon receipt of the request for an enquiry, the President of the Commission shall specify an
p.000118: appropriate time-limit for setting up a Chamber. If any ad hoc member has not been appointed within the time-limit, the
p.000118: President shall immediately appoint such additional member or members of the Commission as may be necessary to complete
p.000118: the membership of the Chamber.
p.000118: 4. a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties to the conflict to
p.000118: assist it and to present evidence. The Chamber may also seek such other evidence as it deems appro- priate and may
p.000118: carry out an investigation of the situation in loco.
p.000118: b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the
p.000118: Commission.
p.000118: c) Each Party shall have the right to challenge such evidence.
p.000118: 5. a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such
p.000118: recommendations as it may deem appropriate.
p.000118: b) If the Chamber is unable to secure sufficient evidence for factual and impartial findings, the Commission shall
p.000118: state the reasons for that inability.
p.000118: c) The Commission shall not report its findings publicly, unless all the Parties to the conflict have requested the
p.000118: Commission to do so.
p.000118: 6. The Commission shall establish its own rules, including rules for the presidency of the Commission and the
p.000118: presidency of the Chamber. Those rules shall ensure that the functions of the President of the Com- mission are
p.000118: exercised at all times and that, in the case of an enquiry, they are exercised by a person who is not a national of a
p.000118: Party to the conflict.
p.000118:
p.000118: 66 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 7. The administrative expenses of the Commission shall be met by contribu- tions from the High Contracting Parties
p.000118: which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict
p.000118: requesting an enquiry shall advance the necessary funds for ex- penses incurred by a Chamber and shall be reimbursed by
p.000118: the Party or Parties against which the allegations are made to the extent of fifty per cent of the costs of the
p.000118: Chamber. Where there are counter-allegations before the Chamber each side shall advance fifty per cent of the necessary
p.000118: funds.
p.000118:
p.000118: Article 91 — Responsibility
p.000118: A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case
p.000118: demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its
p.000118: armed forces.
p.000118:
p.000118: PART VI
p.000118: FINAL PROVISIONS
p.000118: Article 92 — Signature
p.000118: This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final
p.000118: Act and will remain open for a pe- riod of twelve months.
p.000118:
p.000118: Article 93 — Ratification
p.000118: This Protocol shall be ratified as soon as possible. The instruments of ratifi- cation shall be deposited with the
p.000118: Swiss Federal Council, depositary of the Conventions,
p.000118:
p.000118: Article 94 — Accession
p.000118: This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of
p.000118: accession shall be deposited with the depositary.
p.000118:
p.000118: Article 95 — Entry into force
p.000118: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been
p.000118: deposited.
p.000118: 2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force
p.000118: six months after the deposit by such Party of its instrument of ratification or accession.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 67
p.000118:
p.000118:
p.000118: Article 96 — Treaty relations upon entry into force of this Protocol
p.000118: 1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as
p.000118: supplemented by this Protocol.
p.000118: 2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain
p.000118: bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the
p.000118: Parties which are not bound by it, if the latter accepts and applies the provisions thereof.
p.000118: 3. The authority representing a people engaged against a High Contract- ing Party in an armed conflict of the type
p.000118: referred to in Article 1, para- graph 4, may undertake to apply the Conventions and this Protocol in relation to that
p.000118: conflict by means of a unilateral declaration addressed to the depositary. Such declaration shall, upon its receipt by
p.000118: the deposi- tary, have in relation to that conflict the following effects:
p.000118: a) the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with
p.000118: immediate effect;
p.000118: b) the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting
p.000118: Party to the Con- ventions and this Protocol; and
p.000118: c) the Conventions and this Protocol are equally binding upon all Par- ties to the conflict.
p.000118:
p.000118: Article 97 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be
p.000118: communicated to the de- positary, which shall decide, after consultation with all the High Contract- ing Parties and
p.000118: the International Committee of the Red Cross, whether a conference should be convened to consider the proposed
p.000118: amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 98 — Revision of Annex I
p.000118: 1. Not later than four years after the entry into force of this Protocol and thereafter at intervals of not less
p.000118: than four years, the International Com- mittee of the Red Cross shall consult the High Contracting Parties con- cerning
p.000118: Annex 1 to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex
p.000118: 1 and to propose such amendments to it as may appear to be desirable. Unless, within six
p.000118:
p.000118: 68 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object,
p.000118: the International Committee of the Red Cross shall convene the meeting, inviting also ob- servers of appropriate
p.000118: international organizations. Such a meeting shall also be convened by the International Committee of the Red Cross at
p.000118: any time at the request of one third of the High Contracting Parties.
p.000118: 2. The depositary shall convene a conference of the High Contracting Parties and the Parties to the
p.000118: Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the
p.000118: International Committee of the Red Cross or one third of the High Contracting Parties so request.
p.000118: 3. Amendments to Annex 1 may be adopted at such a conference by a two- thirds majority of the High Contracting
p.000118: Parties present and voting.
p.000118: 4. The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to
p.000118: the Conventions. The amendment shall be considered to have been accepted at the end of a period of one year after it
p.000118: has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been
p.000118: communicated to the depositary by not less than one third of the High Contracting Parties.
p.000118: 5. An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months
p.000118: after its acceptance for all High Contracting Parties other than those which have made a decla- ration of
p.000118: non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and
p.000118: the amend- ment shall then enter into force for that Party three months thereafter.
p.000118: 6. The depositary shall notify the High Contracting Parties and the Par- ties to the Conventions of the entry into
p.000118: force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of
p.000118: declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.
p.000118:
p.000118: Article 99 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the de- nunciation shall only take effect one
p.000118: year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is
p.000118: engaged in one of the situations referred to in Article 1, the de- nunciation shall not take effect before the end of
p.000118: the armed conflict or occupation and not, in any case, before operations connected with the
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 69
p.000118:
p.000118:
p.000118: final release, repatriation or re-establishment of the persons protected by the Conventions or this Protocol have been
p.000118: terminated.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118: 3. The denunciation shall have effect only in respect of the denouncing Party.
p.000118: 4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed
p.000118: conflict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes
p.000118: effective.
p.000118:
p.000118: Article 100 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they
p.000118: are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93
p.000118: and 94;
p.000118: b) the date of entry into force of this Protocol under Article 95;
p.000118: c) communications and declarations received under Articles 84, 90 and 97;
p.000118: d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and
p.000118: e) denunciations under Article 99.
p.000118:
p.000118: Article 101 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the deposi- tary to the Secretariat of the
p.000118: United Nations for registration and publica- tion, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and
p.000118: denunciations received by it with re- spect to this Protocol.
p.000118:
p.000118: Article 102 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Conventions.
p.000118:
p.000118: 70 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: ANNEX I*
p.000118: REGULATIONS CONCERNING IDENTIFICATION
p.000118: Article 1 — General provisions
...

p.000118: of the Protocol should:
p.000118: a) bear the distinctive emblem and be of such size that it can be carried in the pocket;
p.000118: b) be as durable as practicable;
p.000118: c) be worded in the national or official language and, in addition and when appropri- ate, in the local language of
p.000118: the region concerned;
p.000118: d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the
p.000118: identity number, if any, of the holder;
p.000118: e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;
p.000118: f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
p.000118:
p.000118: * See the editor’s note at the beginning of this booklet.
p.000118: ** This was formerly Article 1, of which para c) read: “be worded in the national or official language (and may in
p.000118: addition be worded in other languages)”.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 71
p.000118:
p.000118:
p.000118: g) bear the stamp and signature of the competent authority;
p.000118: h) state the date of issue and date of expiry of the card;
p.000118: i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
p.000118: 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far
p.000118: as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the
p.000118: single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen
p.000118: of the model they are us- ing, if such model differs from that shown in Figure 1. The identity card shall be made out,
p.000118: if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards
p.000118: which it has issued.
p.000118: 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity
p.000118: cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
p.000118:
p.000118: Article 3 — Identity card for temporary civilian medical and religious personnel
p.000118: 1. The identity card for temporary civilian medical and religious person- nel should, whenever possible, be similar
p.000118: to that provided for in Article 2 of these Regulations. The Parties to the conflict may be guided by the model shown in
p.000118: Figure 1.
p.000118: 2. When circumstances preclude the provision to temporary civilian medical and religious personnel of
p.000118: identity cards similar to those de- scribed in Article 2 of these Regulations, the said personnel may be provided with
...

p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949,
p.000118: constitute the foundation of res- pect for the human person in cases of armed conflict not of an international
p.000118: character,
p.000118:
p.000118: Recalling furthermore that international instruments relating to human rights offer a basic protection to the human
p.000118: person,
p.000118:
p.000118: Emphasizing the need to ensure a better protection for the victims of those armed conflicts,
p.000118:
p.000118: Recalling that, in cases not covered by the law in force, the human person remains under the protection of the
p.000118: principles of humanity and the dictates of the public conscience,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 84 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: SCOPE OF THIS PROTOCOL
p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 85
p.000118:
p.000118:
p.000118: flict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict
p.000118: occurs.
p.000118:
p.000118: PART II
p.000118: HUMANE TREATMENT
p.000118: Article 4 — Fundamental guarantees
p.000118: 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their
p.000118: liberty has been restricted, are entitled to respect for their person, honour and convictions and reli- gious
p.000118: practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to
p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
...

p.000118:
p.000118: Article 16 — Protection of cultural objects and of places of worship
p.000118: Without prejudice to the provisions of the Hague Convention for the Protec- tion of Cultural Property in the Event of
p.000118: Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monu- ments,
p.000118: works of art or places of worship which constitute the cultural or spir- itual heritage of peoples, and to use them in
p.000118: support of the military effort.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 91
p.000118:
p.000118:
p.000118: Article 17 — Prohibition of forced movement of civilians
p.000118: 1. The displacement of the civilian population shall not be ordered for rea- sons related to the conflict unless
p.000118: the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be
p.000118: carried out, all possible measures shall be taken in order that the civilian population may be received under
p.000118: satisfactory conditions of shelter, hygiene, health, safety and nutrition.
p.000118: 2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.
p.000118:
p.000118: Article 18 — Relief societies and relief actions
p.000118: 1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red
p.000118: Lion and Sun) organizations, may offer their services for the performance of their traditional func- tions in relation
p.000118: to the victims of the armed conflict. The civilian popu- lation may, even on its own initiative, offer to collect and
p.000118: care for the wounded, sick and shipwrecked.
p.000118: 2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its
p.000118: survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an ex-
p.000118: clusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken
p.000118: subject to the con- sent of the High Contracting Party concerned.
p.000118:
p.000118: PART V
p.000118: FINAL PROVISIONS
p.000118: Article 19 — Dissemination
p.000118: This Protocol shall be disseminated as widely as possible.
p.000118:
p.000118: Article 20 — Signature
p.000118: This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final
p.000118: Act and will remain open for a pe- riod of twelve months.
p.000118:
p.000118: 92 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 21 — Ratification
p.000118: This Protocol shall be ratified as soon as possible. The instruments of ratifi- cation shall be deposited with the
p.000118: Swiss Federal Council, depositary of the Conventions.
p.000118:
p.000118: Article 22 — Accession
p.000118: This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of
p.000118: accession shall be deposited with the depositary.
p.000118:
p.000118: Article 23 — Entry into force
p.000118: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been
p.000118: deposited.
p.000118: 2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force
p.000118: six months after the deposit by such Party of its instrument of ratification or accession.
p.000118:
p.000118: Article 24 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be
p.000118: communicated to the de- positary which shall decide, after consultation with all the High Contract- ing Parties and the
p.000118: International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 25 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six
p.000118: months after receipt of the in- strument of denunciation. If, however, on the expiry of six months, the denouncing
p.000118: Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of
p.000118: the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons
p.000118: related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final
p.000118: release.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 93
p.000118:
p.000118:
p.000118: Article 26 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they
p.000118: are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21
p.000118: and 22;
p.000118: b) the date of entry into force of this Protocol under Article 23; and
p.000118: c) communications and declarations received under Article 24.
p.000118:
p.000118: Article 27 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the deposi- tary to the Secretariat of the
p.000118: United Nations for registration and publica- tion, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions
p.000118: received by it with respect to this Protocol.
p.000118:
p.000118: Article 28 — Authentic texts
...

p.000118: distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status.
p.000118: 2. This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground,
p.000118: shall conform to the il- lustration in the Annex to this Protocol. This distinctive emblem is re- ferred to in this
p.000118: Protocol as the “third Protocol emblem”.
p.000118: 3. The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive
p.000118: emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 115
p.000118:
p.000118:
p.000118: 4. The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice
p.000118: to their current emblems, make temporary use of any distinctive emblem referred to in paragraph 1 of this Article where
p.000118: this may enhance protection.
p.000118:
p.000118: Article 3 — Indicative use of the third Protocol emblem
p.000118: 1. National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using
p.000118: the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:
p.000118: a) a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems; or
p.000118: b) another emblem which has been in effective use by a High Contract- ing Party and was the subject of a
p.000118: communication to the other High Contracting Parties and the International Committee of the Red Cross through
p.000118: the depositary prior to the adoption of this Protocol.
p.000118: Incorporation shall conform to the illustration in the Annex to this Protocol.
p.000118: 2. A National Society which chooses to incorporate within the third Pro- tocol emblem another emblem in accordance
p.000118: with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it
p.000118: within its national territory.
p.000118: 3. National Societies may, in accordance with national legislation and in exceptional circumstances and to
p.000118: facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol.
p.000118: 4. This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions
p.000118: and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative
p.000118: purposes in accordance with paragraph 1 of this Article.
p.000118:
p.000118: Article 4 — International Committee of the Red Cross and International Federation of Red Cross and Red Crescent
p.000118: Societies
p.000118: The International Committee of the Red Cross and the International Fed- eration of Red Cross and Red Crescent
p.000118: Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their
p.000118: work, the distinctive emblem referred to in Article 2 of this Protocol.
p.000118:
p.000118: 116 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 5 — Missions under United Nations auspices
...

p.000118: emblem, or of any sign consti- tuting an imitation thereof, to continue such use, provided that the said use shall not
p.000118: be such as would appear, in time of armed conflict, to con- fer the protection of the Geneva Conventions and, where
p.000118: applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption
p.000118: of this Protocol.
p.000118:
p.000118: Article 7 — Dissemination
p.000118: The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this
p.000118: Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their
p.000118: programmes of military instruction and to encourage the study thereof by the civilian population, so that this
p.000118: instrument may become known to the armed forces and to the civilian population.
p.000118:
p.000118: Article 8 — Signature
p.000118: This Protocol shall be open for signature by the Parties to the Geneva Con- ventions on the day of its adoption and
p.000118: will remain open for a period of twelve months.
p.000118:
p.000118: Article 9 — Ratification
p.000118: This Protocol shall be ratified as soon as possible. The instruments of ratifi- cation shall be deposited with the
p.000118: Swiss Federal Council, depositary of the Geneva Conventions and the 1977 Additional Protocols.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 117
p.000118:
p.000118:
p.000118: Article 10 — Accession
p.000118: This Protocol shall be open for accession by any Party to the Geneva Con- ventions which has not signed it. The
p.000118: instruments of accession shall be de- posited with the depositary.
p.000118:
p.000118: Article 11 — Entry into force
p.000118: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been
p.000118: deposited.
p.000118: 2. For each Party to the Geneva Conventions thereafter ratifying or ac- ceding to this Protocol, it shall enter
p.000118: into force six months after the deposit by such Party of its instrument of ratification or accession.
p.000118:
p.000118: Article 12 — Treaty relations upon entry into force of this Protocol
p.000118: 1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as
p.000118: supplemented by this Protocol.
p.000118: 2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain
p.000118: bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the
p.000118: Parties which are not bound by it, if the latter accepts and applies the provisions thereof.
p.000118:
p.000118: Article 13 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Proto- col. The text of any proposed amendment shall
p.000118: be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the
p.000118: International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies,
p.000118: whether a conference should be convened to consider the proposed amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Geneva Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 14 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year
p.000118: after receipt of the instru- ment of denunciation. If, however, on the expiry of that year the de- nouncing Party is
p.000118: engaged in a situation of armed conflict or occupa-
p.000118:
p.000118: 118 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: tion, the denunciation shall not take effect before the end of the armed conflict or occupation.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118: 3. The denunciation shall have effect only in respect of the denouncing Party.
p.000118: 4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed
p.000118: conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this
p.000118: denunciation becomes effective.
p.000118:
p.000118: Article 15 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Par- ties to the Geneva Conventions, whether or
p.000118: not they are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 8,
p.000118: 9 and 10;
p.000118: b) the date of entry into force of this Protocol under Article 11 within ten days of said entry into force;
p.000118: c) communications received under Article 13;
p.000118: d) denunciations under Article 14.
p.000118:
p.000118: Article 16 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the de- positary to the Secretariat of the
p.000118: United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and
p.000118: denunciations received by it with re- spect to this Protocol.
p.000118:
p.000118: Article 17 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Geneva Conventions.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 119
p.000118:
p.000118:
p.000118: ANNEX
p.000118: THIRD PROTOCOL EMbLEM
p.000118: (Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)
p.000118:
p.000118: Article 1 — Distinctive emblem
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
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p.000117: Article 12 Treaty relations upon entry into force of this Protocol 117
p.000117: Article 13 Amendment 117
p.000117: Article 14 Denunciation 117
p.000117: Article 15 Notifications
p.000118: 118
p.000118: Article 16 Registration
p.000118: 118
p.000118: Article 17 Authentic texts 118
p.000118: ANNEX Third Protocol emblem 119
p.000118: Article 1 Distinctive emblem 119
p.000118: Article 2 Indicative use of the third Protocol emblem 119
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 9
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL
p.000118: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION
p.000118: OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS
p.000118: (PROTOCOL I), OF 8 JUNE 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: Proclaiming their earnest wish to see peace prevail among peoples,
p.000118:
p.000118: Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its
p.000118: international relations from the threat or use of force against the sovereignty, territorial integrity or political
p.000118: independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
p.000118:
p.000118: Believing it necessary nevertheless to reaffirm and develop the provisions pro- tecting the victims of armed conflicts
p.000118: and to supplement measures intended to reinforce their application,
p.000118:
p.000118: Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be
p.000118: construed as legitimizing or autho- rizing any act of aggression or any other use of force inconsistent with the
p.000118: Charter of the United Nations,
p.000118:
p.000118: Reaffirming further that the provisions of the Geneva Conventions of 12 Au- gust 1949 and of this Protocol must be
p.000118: fully applied in all circumstances to all persons who are protected by those instruments, without any adverse dis-
p.000118: tinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties
p.000118: to the conflict,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 10 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: GENERAL PROVISIONS
p.000118: Article 1 — General principles and scope of application
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. In cases not covered by this Protocol or by other international agree- ments, civilians and combatants remain
p.000118: under the protection and au- thority of the principles of international law derived from established custom, from the
p.000118: principles of humanity and from the dictates of pub- lic conscience.
...

p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
...

p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 85
p.000118:
p.000118:
...

p.000118: application,
p.000118:
p.000118: Confident that widespread knowledge of that law will contribute to the promotion of humani- tarian ideals and a spirit
p.000118: of peace among nations,
p.000118: 1. Reminds the High Contracting Parties that under the four Geneva Conventions of 1949 they have
p.000118: undertaken to disseminate knowledge of those Conventions as widely as possible, and that the Protocols adopted by the
p.000118: Conference reaffirm and extend that obligation;
p.000118: 2. Invites the signatory States to take all appropriate measures to ensure that knowledge of international
p.000118: humanitarian law applicable in armed conflicts, and of the fundamental principles on which that law is based, is
p.000118: effectively disseminated, particularly by :
p.000118: a) encouraging the authorities concerned to plan and give effect, if necessary with the assistance and advice of the
p.000118: International Committee of the Red Cross, to arrange- ments to teach international humanitarian law, particularly to
p.000118: the armed forces and to appropriate administrative authorities, in a manner suited to national circum- stances;
p.000118: b) undertaking in peacetime the training of suitable persons to teach international hu- manitarian law and to
p.000118: facilitate the application thereof, in accordance with Articles 6 and 82 of the Protocol Additional to the Geneva
p.000118: Conventions of 12 August 1949, and relating to the Protection of victims of International Armed Conflicts (Proto- col
p.000118: I);
p.000118: c) recommending that the appropriate authorities intensify the teaching of interna- tional humanitarian law in
p.000118: universities (faculties of law, political science, medicine, etc.);
p.000118: d) recommending to educational authorities the introduction of courses on the prin- ciples of international
p.000118: humanitarian law in secondary and similar schools;
p.000118: 3. Urges National Red Cross, Red Crescent and Red Lion and Sun Societies to offer their service to the authorities
p.000118: in their own countries with a view to the effective dissemina- tion of knowledge of international humanitarian law;
p.000118: 4. Invites the International Committee of the Red Cross to participate actively in the effort to disseminate
p.000118: knowledge of international humanitarian law by, inter alia:
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 107
p.000118:
p.000118:
p.000118: a) publishing material that will assist in teaching international humanitarian law, and circulating appropriate
p.000118: information for the dissemination of the Geneva Conven- tions and the Protocols,
p.000118: b) organizing, on its own initiative or when requested by Governments or National So- cieties, seminars and courses
p.000118: on international humanitarian law, and co-operating for that purpose with States and appropriate institutions.
p.000118:
p.000118: Fifty-fifth plenary meeting
p.000118: 7 June 1977
p.000118:
p.000118: 108 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: RESOLUTION 22
p.000118: Follow-up regarding prohibition or restriction of use of certain conventional weapons
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977
p.000118:
p.000118: Having met at Geneva for four session, in 1974, 1975, 1976 and 1977, and having adopted new humanitarian rules relating
...

p.000118: necessary for the holding of the Con- ference in 1979.
p.000118:
p.000118: Fifty-seventh plenary meeting
p.000118: 9 June 1977
p.000118:
p.000118: 110 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: RESOLUTION 24
p.000118: Expression of gratitude to the host country
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanita- rian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977,
p.000118:
p.000118: Having been convened at Geneva at the invitation of the Swiss Government,
p.000118:
p.000118: Having held four sessions, in 1974,1975,1976 and 1977, during which it considered two draft Protocols additional to the
p.000118: Geneva Conventions of 12 August 1949, which had been prepared by the International Committee of the Red Cross,
p.000118:
p.000118: Having benefited thoughout its four sessions from the facilities placed at its disposal by the Government of
p.000118: Switzerland and by the authorities of the Republic and Canton and of the City of Geneva,
p.000118:
p.000118: Profoundly appreciative of the hospitality and courtesy accorded to the participants of the Conference by the
p.000118: Government of Switzerland and by the authorities and the people of the Republic and Canton of Geneva and of the City of
p.000118: Geneva,
p.000118:
p.000118: Having concluded its work by the adoption of two Protocols additional to the Geneva Conven- tions of 12 August 1949 and
p.000118: of various resolutions,
p.000118: 1. Expresses its sincere gratitude to the Government of Switzerland for its unfailing sup- port for the work of the
p.000118: Conference and in particular to Mr. Pierre Graber, President of the Conference, Federal Councillor, Head’of the Federal
p.000118: Political Department of the Swiss Confederation, whose wise and firm guidance has contributed so much to the
p.000118: Conference’s success;
p.000118: 2. Expresses its sincere gratitude to the authorities and the people of the Republic and Canton of Geneva and of
p.000118: the City of Geneva for the generous hospitality and courtesy which they showed to the Conference and those
p.000118: participating in it;
p.000118: 3. Pays a tribute to the International Committee of the Red Cross and to its representa- tives and experts who
p.000118: devotedly and patiently advised the Conference on all matters arising in connexion with the draft Protocols and whose
p.000118: attachment to the principles of the Red Cross has served as an inspiration to the Conference;
p.000118: 4. Expresses its appreciation to Ambassador Jean Humbert, Secretary-General of the Con- ference, and to the entire
p.000118: staff of the Conference for the provision of efficient services at all times throughout the four years’ duration of the
p.000118: Conference.
p.000118:
p.000118: Fifty-eighth plenary meeting
p.000118: 9 June 1977
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 111
p.000118:
p.000118:
p.000118: FINAL ACT OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1974-1977.
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Huma- nitarian Law Applicable in Armed
p.000118: Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva (from 20 February to 29 March 1974, from
p.000118: 3 February to 18 April 1975, from 21 April to 11 June 1976 and from 17 March to 10 June 1977). The object of the
p.000118: Conference was to study two draft Additional Protocols prepared, after official and private consultations, by the
...

p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL
p.000118: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE ADOPTION
p.000118: OF AN ADDITIONAL DISTINCTIVE EMbLEM
p.000118: (PROTOCOL III), OF 8 DECEMbER 2005
p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: (PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44
p.000118: of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular
p.000118: Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Pro- tocol II), concerning the use of
p.000118: distinctive emblems,
p.000118:
p.000118: (PP2) Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal
p.000118: character,
p.000118:
p.000118: (PP3) Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to
p.000118: use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable,
p.000118: the Protocols additional thereto,
p.000118:
p.000118: (PP4) Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the
p.000118: Protocols additional thereto derives from their protected status under international law and is not dependent on use of
p.000118: the distinctive emblems, signs or signals,
p.000118:
p.000118: (PP5) Stressing that the distinctive emblems are not intended to have any re- ligious, ethnic, racial, regional or
p.000118: political significance,
p.000118:
p.000118: (PP6) Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems
p.000118: recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto,
p.000118:
p.000118: 114 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: (PP7) Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the
p.000118: indicative use of the distinctive emblems,
p.000118:
p.000118: (PP8) Recalling further that National Societies undertaking activities on the territory of another State must ensure
p.000118: that the emblems they intend to use within the framework of such activities may be used in the country where the
p.000118: activity takes place and in the country or countries of transit,
p.000118:
p.000118: (PP9) Recognizing the difficulties that certain States and National Societies may have with the use of the existing
p.000118: distinctive emblems,
p.000118:
p.000118: (PP10) Noting the determination of the International Committee of the Red Cross, the International Federation of Red
p.000118: Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current
p.000118: names and emblems,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: Article 1 — Respect for and scope of application of this Protocol
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. This Protocol reaffirms and supplements the provisions of the four Ge- neva Conventions of 12 August 1949 (“the
p.000118: Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional
...

Political / stateless persons

Searching for indicator nation:

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p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
p.000118: 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following
p.000118: shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions
p.000118: or the Protocol:
p.000118:
p.000118: 62 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) the transfer by the Occupying Power of parts of its own civilian popu- lation into the territory it occupies, or
p.000118: the deportation or transfer of all or parts of the population of the occupied territory within or out- side this
p.000118: territory, in violation of Article 49 of the Fourth Convention;
p.000118: b) unjustifiable delay in the repatriation of prisoners of war or civilians;
p.000118: c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based
p.000118: on racial discrimi- nation;
p.000118: d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural
p.000118: or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example,
p.000118: within the framework of a competent international organization, the object of attack, causing as a result extensive
p.000118: destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53,
p.000118: sub-paragraph b), and when such historic monuments, works of art and places of worship are not located in the immediate
p.000118: proximity of military objectives;
p.000118: e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of
p.000118: fair and regular trial.
p.000118: 5. Without prejudice to the application of the Conventions and of this Proto- col, grave breaches of these
p.000118: instruments shall be regarded as war crimes.
p.000118:
p.000118: Article 86 — Failure to act
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- press grave breaches, and take measures
p.000118: necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act
p.000118: when under a duty to do so.
p.000118: 2. The fact that a breach of the Conventions or of this Protocol was com- mitted by a subordinate does not absolve
p.000118: his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had in- formation which
...

Searching for indicator stateless:

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p.000036: Article 64 Civilian civil defence organizations of neutral or other States not Parties to the conflict and
p.000036: international co-ordinating
p.000036: organizations 47
p.000036: Article 65 Cessation of protection 48
p.000036: Article 66 Identification
p.000048: 48
p.000048: Article 67 Members of the armed forces
p.000048: and military units assigned to civil defence organizations 49
p.000048: SECTION II – Relief in favour of the civilian population 51
p.000048: Article 68 Field of application 51
p.000048: Article 69 Basic needs in occupied territories 51
p.000048: Article 70 Relief actions
p.000051: 51
p.000051: Article 71 Personnel participating in relief actions 52
p.000051: SECTION III – Treatment of persons in the power
p.000051: of a Party to the conflict 53
p.000051: CHAPTER I – Field of application and protection of persons and objets 53
p.000051: Article 72 Field of application 53
p.000051: Article 73 Refugees and stateless persons 53
p.000051: Article 74 Reunion of dispersed families 53
p.000051: Article 75 Fundamental guarantees 53
p.000051:
p.000051: 4 CONTENTS
p.000051: CHAPTER II – Measures in favour of women and children 56
p.000051: Article 76 Protection of women 56
p.000051: Article 77 Protection of children 56
p.000051: Article 78 Evacuation of children 57
p.000051: CHAPTER III – Journalists 58
p.000051: Article 79 Measures of protection for journalists 58
p.000051: PART V
p.000051: ExECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL 59
p.000051: SECTION I – General Provisions 59
p.000051: Article 80 Measures for execution 59
p.000051: Article 81 Activities of the Red Cross and other humanitarian
...

p.000118: necessity may the activities of the relief personnel be limited or their movements temporarily restricted.
p.000118: 4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular
p.000118: they shall take account of the security requirements of the Party in whose territory they are carrying out their
p.000118: duties. The mission of any of the personnel who do not respect these conditions may be terminated.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 53
p.000118:
p.000118:
p.000118: SECTION III
p.000118: Treatment of persons in the power of a party to the conflict
p.000118:
p.000118: CHAPTER I
p.000118: Field of application and protection of perons and objects
p.000118: Article 72 — Field of application
p.000118: The provisions of this Section are additional to the rules concerning humani- tarian protection of civilians and
p.000118: civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and
p.000118: III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human
p.000118: rights during international armed conflict.
p.000118:
p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
...

Health / Drug Usage

Searching for indicator substance:

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p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 25
p.000118:
p.000118:
p.000118: Article 29 — Notifications and agreements concerning medical aircraft
p.000118: 1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31
p.000118: shall state the proposed num- ber of medical aircraft, their flight plans and means of identification, and shall be
p.000118: understood to mean that every flight will be carried out in compliance with Article 28.
p.000118: 2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such
p.000118: notification.
p.000118: 3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as
p.000118: rapidly as possible, notify the requesting Party:
p.000118: a) that the request is agreed to;
p.000118: b) that the request is denied; or
p.000118: c) of reasonable alternative proposals to the request. It may also pro- pose a prohibition or restriction of other
p.000118: flights in the area during the time involved. If the Party which submitted the request accepts the alternative
p.000118: proposals, it shall notify the other Party of such ac- ceptance.
p.000118: 4. The Parties shall take the necessary measures to ensure that notifica- tions and agreements can be made rapidly.
p.000118: 5. The Parties shall also take the necessary measures to disseminate rap- idly the substance of any such
p.000118: notifications and agreements to the mili- tary units concerned and shall instruct those units regarding the means of
p.000118: identification that will be used by the medical aircraft in question.
p.000118:
p.000118: Article 30 — Landing and inspection of medical aircraft
p.000118: 1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the
p.000118: physical control of which is not clearly established, may be ordered to land or to alight on water, as appropri- ate,
p.000118: to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.
p.000118: 2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be
p.000118: subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick to be removed from the aircraft unless their removal is essential for the inspection.
p.000118:
p.000118: 26 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the
p.000118: inspection or by the removal.
p.000118: 3. If the inspection discloses that the aircraft:
p.000118: a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
...

Health / Mentally Disabled

Searching for indicator disability:

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p.000118: (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the
p.000118: Conventions and of this Protocol, and in particular the activities of the Protecting Powers.
p.000118: 2. The recruitment and training of such personnel are within domestic jurisdiction.
p.000118: 3. The International Committee of the Red Cross shall hold at the dis- posal of the High Contracting Parties the
p.000118: lists of persons so trained which the High Contracting Parties may have established and may have transmitted
p.000118: to it for that purpose.
p.000118: 4. The conditions governing the employment of such personnel outside the national territory shall, in each case, be
p.000118: the subject of special agree- ments between the Parties concerned.
p.000118:
p.000118: Article 7 — Meetings
p.000118: The depositary of this Protocol shall convene a meeting of the High Con- tracting Parties, at the request of one or
p.000118: more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems
p.000118: concerning the application of the Conventions and of the Protocol.
p.000118:
p.000118:
p.000118: PART II
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118:
p.000118: SECTION I
p.000118: General protection
p.000118: Article 8 — Terminology
p.000118: For the purposes of this Protocol:
p.000118: a) “wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical
p.000118: or mental disor- der or disability, are in need of medical assistance or care and who refrain from any act of
p.000118: hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of
p.000118:
p.000118: 14 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: immediate medical assistance or care, such as the infirm or expect- ant mothers, and who refrain from any act of
p.000118: hostility;
p.000118: b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a
p.000118: result of misfortune affect- ing them or the vessel or aircraft carrying them and who refrain from any act of
p.000118: hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be
p.000118: considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
p.000118: c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes
p.000118: enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of
p.000118: medical transports. Such assign- ments may be either permanent or temporary. The term includes:
p.000118: i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the
p.000118: First and Second Conventions, and those assigned to civil defence organizations;
p.000118: ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national
...

Health / Mentally Incapacitated

Searching for indicator incapable:

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p.000118: neutral or other States not Parties to the conflict.
p.000118: 2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while
p.000118: engaging in attacks or in order to shield, favour, protect or impede military operations.
p.000118: 3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing generally recognized rules
p.000118: of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
p.000118:
p.000118: Article 40 — Quarter
p.000118: It is prohibited to order that there shall be no survivors, to threaten an ad- versary therewith or to conduct
p.000118: hostilities on this basis.
p.000118:
p.000118: Article 41 — Safeguard of an enemy hors de combat
p.000118: 1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be
p.000118: made the object of attack.
p.000118: 2. A person is hors de combat if:
p.000118: a) he is in the power of an adverse Party;
p.000118:
p.000118: 32 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) he clearly expresses an intention to surrender; or
p.000118: c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable
p.000118: of defending himself;
p.000118: provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
p.000118: 3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under
p.000118: unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third
p.000118: Convention, they shall be released and all feasible precau- tions shall be taken to ensure their safety.
p.000118:
p.000118: Article 42 — Occupants of aircraft
p.000118: 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
p.000118: 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an
p.000118: aircraft in distress shall be given an opportunity to surrender before being made the object of attack, un- less it is
p.000118: apparent that he is engaging in a hostile act.
p.000118: 3. Airborne troops are not protected by this Article.
p.000118:
p.000118: SECTION II
p.000118: Combatant and prisoner-of-war status
p.000118: Article 43 — Armed forces
p.000118: 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are
...

Health / Motherhood/Family

Searching for indicator family:

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p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
...

p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
...

p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
p.000118: Article 79 — Measures of protection for journalists
p.000118: 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as
p.000118: civilians within the meaning of Article 50, paragraph 1.
p.000118: 2. They shall be protected as such under the Conventions and this Proto- col, provided that they take no action
p.000118: adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to
p.000118: the armed forces to the status provided for in Article 4 A
p.000118: 4) of the Third Convention.
...

p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
...

Health / Physically Disabled

Searching for indicator physically:

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p.000118: recognition. The adverse Party shall acknowledge receipt of such information.
p.000118: 5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such
p.000118: ships and craft.
p.000118: 6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the
p.000118: categories referred to in Article
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 23
p.000118:
p.000118:
p.000118: 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft.
p.000118: Wounded, sick and ship- wrecked civilians who do not belong to any of the categories mentioned in Article 13 of the
p.000118: Second Convention shall not be subject, at sea, ei- ther to surrender to any Party which is not their own, or to
p.000118: removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own,
p.000118: they shall be covered by the Fourth Convention and by this Protocol.
p.000118:
p.000118: Article 24 — Protection of medical aircraft
p.000118: Medical aircraft shall be respected and protected, subject to the provisions of this Part.
p.000118:
p.000118: Article 25 — Medical aircraft in areas not controlled by an adverse Party
p.000118: In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by
p.000118: an adverse Party, the respect and pro- tection of medical aircraft of a Party to the conflict is not dependent on any
p.000118: agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in
p.000118: these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making
p.000118: flights bringing them within range of surface-to-air weapons systems of the adverse Party.
p.000118:
p.000118: Article 26 — Medical aircraft in contact or similar zones
p.000118: 1. In and over those parts of the contact zone which are physically con- trolled by friendly forces and in and over
p.000118: those areas the physical con- trol of which is not clearly established, protection for medical aircraft can be fully
p.000118: effective only by prior agreement between the competent military authorities of the Parties to the conflict, as
p.000118: provided for in Ar- ticle 29. Although, in the absence of such an agreement, medical air- craft operate at their own
p.000118: risk, they shall nevertheless be respected after they have been recognized as such.
p.000118: 2. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each
p.000118: other, especially where they are exposed to direct fire from the ground.
p.000118:
p.000118: 24 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 27 — Medical aircraft in areas controlled by an adverse Party
p.000118: 1. The medical aircraft of a Party to the conflict shall continue to be pro- tected while flying over land or sea
p.000118: areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from
p.000118: the competent authority of that adverse Party.
p.000118: 2. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in
p.000118: deviation from the terms of, an agree- ment provided for in paragraph 1, either through navigational error or because
p.000118: of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the
p.000118: adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that
p.000118: Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30,
p.000118: para- graph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft
p.000118: time for compliance, before resort- ing to an attack against the aircraft.
p.000118:
p.000118: Article 28 — Restrictions on operations of medical aircraft
p.000118: 1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any
p.000118: military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render
p.000118: military objectives immune from attack.
p.000118: 2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment
p.000118: intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition
...

p.000118: understood to mean that every flight will be carried out in compliance with Article 28.
p.000118: 2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such
p.000118: notification.
p.000118: 3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as
p.000118: rapidly as possible, notify the requesting Party:
p.000118: a) that the request is agreed to;
p.000118: b) that the request is denied; or
p.000118: c) of reasonable alternative proposals to the request. It may also pro- pose a prohibition or restriction of other
p.000118: flights in the area during the time involved. If the Party which submitted the request accepts the alternative
p.000118: proposals, it shall notify the other Party of such ac- ceptance.
p.000118: 4. The Parties shall take the necessary measures to ensure that notifica- tions and agreements can be made rapidly.
p.000118: 5. The Parties shall also take the necessary measures to disseminate rap- idly the substance of any such
p.000118: notifications and agreements to the mili- tary units concerned and shall instruct those units regarding the means of
p.000118: identification that will be used by the medical aircraft in question.
p.000118:
p.000118: Article 30 — Landing and inspection of medical aircraft
p.000118: 1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the
p.000118: physical control of which is not clearly established, may be ordered to land or to alight on water, as appropri- ate,
p.000118: to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.
p.000118: 2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be
p.000118: subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick to be removed from the aircraft unless their removal is essential for the inspection.
p.000118:
p.000118: 26 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the
p.000118: inspection or by the removal.
p.000118: 3. If the inspection discloses that the aircraft:
p.000118: a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
p.000118: b) is not in violation of the conditions prescribed in Article 28, and
p.000118: c) has not flown without or in breach of a prior agreement where such agreement is required, the aircraft and those
p.000118: of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be
...

Health / Physically Ill

Searching for indicator sick:

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p.000009: annexes thereto comprise or refer to Articles 3, 6, 7, 8, 9, 10 and 11 of the
p.000009: original version of Annex I; these provisions are now Articles 4, 7, 8, 9, 10,
p.000009: 11 and 12 respectively.
p.000009: Article 56 of Protocol I contains a reference to Article 16 of Annex I, which is now Article 17.
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: PROTOCOLS ADDITIONAL
p.000009: TO THE GENEVA CONVENTIONS
p.000009: OF 12 AUGUST 1949
p.000009:
p.000009:
p.000009:
p.000009: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 1
p.000009:
p.000009:
p.000009:
p.000009: Contents
p.000009:
p.000009: PROTOCOL ADDITIONAL
p.000009: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
p.000009: AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I), OF 8 JUNE 1977
p.000009: Preamble
p.000009: 9
p.000009: PART I
p.000009: GENERAL PROVISIONS 10
p.000009: Article 1 General principles and scope of application 10
p.000009: Article 2 Definitions
p.000010: 10
p.000010: Article 3 Beginning and end of application 11
p.000010: Article 4 Legal status of the Parties to the conflict 11
p.000010: Article 5 Appointment of Protecting Powers and of their substitute 11
p.000010: Article 6 Qualified persons 13
p.000010: Article 7 Meetings
p.000013: 13
p.000013: PART II
p.000013: WOUNDED, SICk AND SHIPWRECkED 13
p.000013: SECTION I – General protection 13
p.000013: Article 8 Terminology 13
p.000013: Article 9 Field of application 15
p.000013: Article 10 Protection and care 16
p.000013: Article 11 Protection of persons 16
p.000013: Article 12 Protection of medical units 17
p.000013: Article 13 Discontinuance of protection of civilian medical units 17
p.000013: Article 14 Limitations on requisition of civilian medical units 18
p.000013: Article 15 Protection of civilian medical and religious personnel 18
p.000013: Article 16 General protection of medical duties 19
p.000013: Article 17 Role of the civilian population and of aid societies 19
p.000013: Article 18 Identification
p.000020: 20
...

p.000077: Article 17 International special sign 80
p.000077: ANNEX II Identity card for journalists on dangerous
p.000077: professional missions 81
p.000077:
p.000077: 6 CONTENTS
p.000077:
p.000077:
p.000077:
p.000077:
p.000077: PROTOCOL ADDITIONAL
p.000077: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED
p.000077: CONFLICTS (PROTOCOL II), OF 8 JUNE 1977
p.000077: Preamble
p.000083: 83
p.000083: PART I
p.000083: SCOPE OF THIS PROTOCOL 84
p.000083: Article 1 Material field of application 84
p.000083: Article 2 Personal field of application 84
p.000083: Article 3 Non-intervention 84
p.000083: PART II
p.000083: HUMANE TREATMENT 85
p.000083: Article 4 Fundamental guarantees 85
p.000083: Article 5 Persons whose liberty has been restricted 86
p.000083: Article 6 Penal prosecutions 87
p.000083: PART III
p.000083: WOUNDED, SICk AND SHIPWRECkED 88
p.000083: Article 7 Protection and care 88
p.000083: Article 8 Search
p.000088: 88
p.000088: Article 9 Protection of medical and religious personnel 88
p.000088: Article 10 General protection of medical duties 89
p.000088: Article 11 Protection of medical units and transports 89
p.000088: Article 12 The distinctive emblem 89
p.000088: PART IV
p.000088: CIVILIAN POPULATION 90
p.000088: Article 13 Protection of the civilian population 90
p.000088: Article 14 Protection of objects indispensable to the survival
p.000088: of the civilian population 90
p.000088: Article 15 Protection of works and installations containing
p.000088: dangerous forces 90
...

p.000118: Article 1 — General principles and scope of application
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. In cases not covered by this Protocol or by other international agree- ments, civilians and combatants remain
p.000118: under the protection and au- thority of the principles of international law derived from established custom, from the
p.000118: principles of humanity and from the dictates of pub- lic conscience.
p.000118: 3. This Protocol, which supplements the Geneva Conventions of 12 Au- gust 1949 for the protection of war victims,
p.000118: shall apply in the situations referred to in Article 2 common to those Conventions.
p.000118: 4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting
p.000118: against colonial domination and alien occupation and against racist régimes in the exercise of their right of
p.000118: self-determination, as enshrined in the Charter of the United Na- tions and the Declaration on Principles of
p.000118: International Law concern- ing Friendly Relations and Co-operation among States in accordance with the Charter of the
p.000118: United Nations.
p.000118:
p.000118: Article 2 — Definitions
p.000118: For the purposes of this Protocol:
p.000118: a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva
p.000118: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
p.000118: 1949; the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
p.000118: Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949;
p.000118: the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War of 12 August 1949; “the
p.000118: Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
p.000118: b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth
p.000118: in international agree- ments to which the Parties to the conflict are Parties and the gener- ally recognized
p.000118: principles and rules of international law which are applicable to armed conflict;
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 11
p.000118:
p.000118:
p.000118: c) “Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party
p.000118: to the conflict and accepted by the adverse Party and has agreed to carry out the func- tions assigned to a Protecting
p.000118: Power under the Conventions and this Protocol;
p.000118: d) “substitute” means an organization acting in place of a Protecting Power in accordance with Article 5.
p.000118:
p.000118: Article 3 — beginning and end of application
p.000118: Without prejudice to the provisions which are applicable at all times:
p.000118: a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this
p.000118: Protocol;
...

p.000118: relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the
p.000118: Conventions and this Protocol.
p.000118: 7. Any subsequent mention in this Protocol of a Protecting Power in- cludes also a substitute.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 13
p.000118:
p.000118:
p.000118: Article 6 — Qualified persons
p.000118: 1. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross
p.000118: (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the
p.000118: Conventions and of this Protocol, and in particular the activities of the Protecting Powers.
p.000118: 2. The recruitment and training of such personnel are within domestic jurisdiction.
p.000118: 3. The International Committee of the Red Cross shall hold at the dis- posal of the High Contracting Parties the
p.000118: lists of persons so trained which the High Contracting Parties may have established and may have transmitted
p.000118: to it for that purpose.
p.000118: 4. The conditions governing the employment of such personnel outside the national territory shall, in each case, be
p.000118: the subject of special agree- ments between the Parties concerned.
p.000118:
p.000118: Article 7 — Meetings
p.000118: The depositary of this Protocol shall convene a meeting of the High Con- tracting Parties, at the request of one or
p.000118: more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems
p.000118: concerning the application of the Conventions and of the Protocol.
p.000118:
p.000118:
p.000118: PART II
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118:
p.000118: SECTION I
p.000118: General protection
p.000118: Article 8 — Terminology
p.000118: For the purposes of this Protocol:
p.000118: a) “wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical
p.000118: or mental disor- der or disability, are in need of medical assistance or care and who refrain from any act of
p.000118: hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of
p.000118:
p.000118: 14 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: immediate medical assistance or care, such as the infirm or expect- ant mothers, and who refrain from any act of
p.000118: hostility;
p.000118: b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a
p.000118: result of misfortune affect- ing them or the vessel or aircraft carrying them and who refrain from any act of
p.000118: hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be
p.000118: considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
p.000118: c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes
p.000118: enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of
p.000118: medical transports. Such assign- ments may be either permanent or temporary. The term includes:
p.000118: i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the
p.000118: First and Second Conventions, and those assigned to civil defence organizations;
p.000118: ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national
p.000118: voluntary aid socie- ties duly recognized and authorized by a Party to the conflict;
p.000118: iii) medical personnel of medical units or medical transports des- cribed in Article 9, paragraph 2;
p.000118: d) “religious personnel” means military or civilian persons, such as chaplains, who are exclusively engaged in the
p.000118: work of their ministry and attached:
p.000118: i) to the armed forces of a Party to the conflict;
p.000118: ii) to medical units or medical transports of a Party to the conflict;
p.000118: iii) to medical units or medical transports described in Article 9, paragraph 2; or
p.000118: iv) to civil defence organizations of a Party to the conflict.
p.000118: The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under
p.000118: sub-para- graph k) apply to them;
p.000118: e) “medical units” means establishments and other units, whether mil- itary or civilian, organized for medical
p.000118: purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment —
p.000118: of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and
p.000118: other similar units, blood transfusion centres, preventive med- icine centres and institutes, medical depots and the
p.000118: medical and
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 15
p.000118:
p.000118:
p.000118: pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
p.000118: f) “medical transportation” means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical
p.000118: personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this
p.000118: Protocol;
p.000118: g) “medical transports” means any means of transportation, whether military or civilian, permanent or temporary,
p.000118: assigned exclusively to medical transportation and under the control of a competent au- thority of a Party to the
p.000118: conflict;
p.000118: h) “medical vehicles” means any medical transports by land;
p.000118: i) “medical ships and craft” means any medical transports by water;
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
p.000118: 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are
p.000118: interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be
p.000118: endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this
p.000118: Article to any medi- cal procedure which is not indicated by the state of health of the person concerned and which is
p.000118: not consistent with generally accepted medical standards which would be applied under similar medical circumstanc- es
p.000118: to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
p.000118: 2. It is, in particular, prohibited to carry out on such persons, even with their consent:
p.000118: a) physical mutilations;
p.000118: b) medical or scientific experiments;
p.000118: c) removal of tissue or organs for transplantation,
...

p.000118: c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.
p.000118: 3. The Parties to the conflict are invited to notify each other of the loca- tion of their medical units. The
p.000118: absence of such notification shall not exempt any of the Parties from the obligation to comply with the provi- sions of
p.000118: paragraph 1.
p.000118: 4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack.
p.000118: Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against
p.000118: military objectives do not imperil their safety.
p.000118:
p.000118: Article 13 — Discontinuance of protection of civilian medical units
p.000118: 1. The protection to which civilian medical units are entitled shall not cease unless they are used to
p.000118: commit, outside their humanitarian
p.000118:
p.000118: 18 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting,
p.000118: whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.
p.000118: 2. The following shall not be considered as acts harmful to the enemy:
p.000118: a) that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the
p.000118: wounded and sick in their charge;
p.000118: b) that the unit is guarded by a picket or by sentries or by an escort;
p.000118: c) that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are
p.000118: found in the units;
p.000118: d) that members of the armed forces or other combatants are in the unit for medical reasons.
p.000118:
p.000118: Article 14 — Limitations on requisition of civilian medical units
p.000118: 1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied
p.000118: territory continue to be satisfied.
p.000118: 2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or
p.000118: the services of their personnel, so long as these resources are necessary for the provision of adequate medical
p.000118: services for the civilian population and for the continuing medical care of any wounded and sick already under
p.000118: treatment.
p.000118: 3. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the
p.000118: said resources, subject to the following particular conditions:
p.000118: a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members
p.000118: of the armed forces of the Occupying Power or of prisoners of war;
p.000118: b) that the requisition continues only while such necessity exists; and
p.000118: c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those
p.000118: of any wounded and sick under treatment who are affected by the requisition, con- tinue to be satisfied.
p.000118:
p.000118: Article 15 — Protection of civilian medical and religious personnel
p.000118: 1. Civilian medical personnel shall be respected and protected.
p.000118: 2. If needed, all available help shall be afforded to civilian medical per- sonnel in an area where civilian
p.000118: medical services are disrupted by rea- son of combat activity.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 19
p.000118:
p.000118:
p.000118: 3. The Occupying Power shall afford civilian medical personnel in occu- pied territories every assistance to enable
p.000118: them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that,
p.000118: in the performance of those functions, such per- sonnel shall give priority to the treatment of any person except on
p.000118: med- ical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian
p.000118: mission.
p.000118: 4. Civilian medical personnel shall have access to any place where their services are essential, subject to such
p.000118: supervisory and safety measures as the relevant Party to the conflict may deem necessary.
p.000118: 5. Civilian religious personnel shall be respected and protected. The pro- visions of the Conventions and of this
p.000118: Protocol concerning the protec- tion and identification of medical personnel shall apply equally to such persons.
p.000118:
p.000118: Article 16 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for carrying out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall not be compelled to per- form acts or to carry out work contrary to
p.000118: the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the
p.000118: provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work
p.000118: required by those rules and provisions.
p.000118: 3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse
p.000118: Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded
p.000118: and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the
p.000118: patients con- cerned or to their families. Regulations for the compulsory notification of communicable diseases shall,
p.000118: however, be respected.
p.000118:
p.000118: Article 17 — Role of the civilian population and of aid societies
p.000118: 1. The civilian population shall respect the wounded, sick and ship- wrecked, even if they belong to the
p.000118: adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as
p.000118: national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to
p.000118: collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas.
p.000118:
p.000118: 20 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.
p.000118: 2. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph
p.000118: 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they
p.000118: shall grant both protection and the necessary facili- ties to those who respond to this appeal. If the adverse Party
p.000118: gains or regains control of the area, that Party also shall afford the same protec- tion and facilities for so long as
p.000118: they are needed.
p.000118:
p.000118: Article 18 — Identification
p.000118: 1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and
p.000118: transports are identifiable.
p.000118: 2. Each Party to the conflict shall also endeavour to adopt and to imple- ment methods and procedures which will
p.000118: make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.
p.000118: 3. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical
p.000118: personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card
p.000118: certifying their status.
p.000118: 4. With the consent of the competent authority, medical units and trans- ports shall be marked by the distinctive
p.000118: emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the
p.000118: provisions of the Second Convention.
...

p.000118: transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and
p.000118: transports specified in that Chapter.
p.000118: 7. This Article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in
p.000118: Article 44 of the First Convention.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 21
p.000118:
p.000118:
p.000118: 8. The provisions of the Conventions and of this Protocol relating to su- pervision of the use of the distinctive
p.000118: emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.
p.000118:
p.000118: Article 19 — Neutral and other States not Parties to the conflict
p.000118: Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons
p.000118: protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that
p.000118: conflict whom they may find.
p.000118:
p.000118: Article 20 — Prohibition of reprisals
p.000118: Reprisals against the persons and objects protected by this Part are prohibited.
p.000118:
p.000118: SECTION II
p.000118: MEDICAL TRANSPORTATION
p.000118: Article 21 — Medical vehicles
p.000118: Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and
p.000118: this Protocol.
p.000118:
p.000118: Article 22 — Hospital ships and coastal rescue craft
p.000118: 1. The provisions of the Conventions relating to:
p.000118: a) vessels described in Articles 22, 24, 25 and 27 of the Second Con- vention,
p.000118: b) their lifeboats and small craft,
p.000118: c) their personnel and crews, and
p.000118: d) the wounded, sick and shipwrecked on board,
p.000118: shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the
p.000118: categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender
p.000118: to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the
p.000118: conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol.
p.000118: 2. The protection provided by the Conventions to vessels described in Ar- ticle 25 of the Second Convention shall
p.000118: extend to hospital ships made available for humanitarian purposes to a Party to the conflict:
p.000118: a) by a neutral or other State which is not a Party to that conflict; or
p.000118:
p.000118: 22 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) by an impartial international humanitarian organization,
p.000118: provided that, in either case, the requirements set out in that Article are complied with.
p.000118: 3. Small craft described in Article 27 of the Second Convention shall be protected even if the notification
p.000118: envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each
p.000118: other of any details of such craft which will facilitate their identi- fication and recognition.
p.000118:
p.000118: Article 23 — Other medical ships and craft
p.000118: 1. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second
p.000118: Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units
p.000118: under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and rec-
p.000118: ognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible
p.000118: comply with the second paragraph of Article 43 of the Second Convention.
p.000118: 2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the
p.000118: surface able immediately to en- force its command may order them to stop, order them off, or make them take a certain
p.000118: course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their
p.000118: medical mission so long as they are needed for the wounded, sick and shipwrecked on board.
p.000118: 3. The protection provided in paragraph 1 shall cease only under the condi- tions set out in Articles 34 and 35 of
p.000118: the Second Convention. A clear re- fusal to obey a command given in accordance with paragraph 2 shall be an act harmful
p.000118: to the enemy under Article 34 of the Second Convention.
p.000118: 4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name,
p.000118: description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the
p.000118: case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and
p.000118: recognition. The adverse Party shall acknowledge receipt of such information.
p.000118: 5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such
p.000118: ships and craft.
p.000118: 6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the
p.000118: categories referred to in Article
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 23
p.000118:
p.000118:
p.000118: 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft.
p.000118: Wounded, sick and ship- wrecked civilians who do not belong to any of the categories mentioned in Article 13 of the
p.000118: Second Convention shall not be subject, at sea, ei- ther to surrender to any Party which is not their own, or to
p.000118: removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own,
p.000118: they shall be covered by the Fourth Convention and by this Protocol.
p.000118:
p.000118: Article 24 — Protection of medical aircraft
p.000118: Medical aircraft shall be respected and protected, subject to the provisions of this Part.
p.000118:
p.000118: Article 25 — Medical aircraft in areas not controlled by an adverse Party
p.000118: In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by
p.000118: an adverse Party, the respect and pro- tection of medical aircraft of a Party to the conflict is not dependent on any
p.000118: agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in
p.000118: these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making
...

p.000118: adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that
p.000118: Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30,
p.000118: para- graph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft
p.000118: time for compliance, before resort- ing to an attack against the aircraft.
p.000118:
p.000118: Article 28 — Restrictions on operations of medical aircraft
p.000118: 1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any
p.000118: military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render
p.000118: military objectives immune from attack.
p.000118: 2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment
p.000118: intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition
p.000118: in Article 8, sub-paragraph f). The carrying on board of the personal effects of the occupants or of equipment intended
p.000118: solely to facilitate navigation, communication, or identification shall not be considered as prohibited.
p.000118: 3. Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and
p.000118: shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to
p.000118: enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.
p.000118: 4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior
p.000118: agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 25
p.000118:
p.000118:
p.000118: Article 29 — Notifications and agreements concerning medical aircraft
p.000118: 1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31
p.000118: shall state the proposed num- ber of medical aircraft, their flight plans and means of identification, and shall be
p.000118: understood to mean that every flight will be carried out in compliance with Article 28.
p.000118: 2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such
p.000118: notification.
p.000118: 3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as
p.000118: rapidly as possible, notify the requesting Party:
p.000118: a) that the request is agreed to;
p.000118: b) that the request is denied; or
p.000118: c) of reasonable alternative proposals to the request. It may also pro- pose a prohibition or restriction of other
p.000118: flights in the area during the time involved. If the Party which submitted the request accepts the alternative
p.000118: proposals, it shall notify the other Party of such ac- ceptance.
p.000118: 4. The Parties shall take the necessary measures to ensure that notifica- tions and agreements can be made rapidly.
p.000118: 5. The Parties shall also take the necessary measures to disseminate rap- idly the substance of any such
p.000118: notifications and agreements to the mili- tary units concerned and shall instruct those units regarding the means of
p.000118: identification that will be used by the medical aircraft in question.
p.000118:
p.000118: Article 30 — Landing and inspection of medical aircraft
p.000118: 1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the
p.000118: physical control of which is not clearly established, may be ordered to land or to alight on water, as appropri- ate,
p.000118: to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.
p.000118: 2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be
p.000118: subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick to be removed from the aircraft unless their removal is essential for the inspection.
p.000118:
p.000118: 26 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the
p.000118: inspection or by the removal.
p.000118: 3. If the inspection discloses that the aircraft:
p.000118: a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
p.000118: b) is not in violation of the conditions prescribed in Article 28, and
p.000118: c) has not flown without or in breach of a prior agreement where such agreement is required, the aircraft and those
p.000118: of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be
p.000118: authorized to continue the flight without de- lay.
p.000118: 4. If the inspection discloses that the aircraft:
p.000118: a) is not a medical aircraft within the meaning of Article 8, sub-para- graph j),
p.000118: b) is in violation of the conditions prescribed in Article 28, or
p.000118: c) has flown without or in breach of a prior agreement where such agreement is required,
p.000118: the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the
p.000118: Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be
p.000118: used thereafter only as a medical aircraft.
p.000118:
p.000118: Article 31 — Neutral or other States not Parties to the conflict
p.000118: 1. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other
p.000118: State not a Party to the conflict. How- ever, with such an agreement, they shall be respected throughout their flight
p.000118: and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight
p.000118: on water, as appropriate.
p.000118: 2. Should a medical aircraft, in the absence of an agreement or in devia- tion from the terms of an agreement, fly
p.000118: over the territory of a neutral or other State not a Party to the conflict, either through navigational error or
p.000118: because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and
p.000118: to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to
p.000118: give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to
p.000118: safeguard its own interests, and, in either case, to allow the aircraft time for compli- ance, before resorting to an
p.000118: attack against the aircraft.
p.000118: 3. If a medical aircraft, either by agreement or in the circumstances men- tioned in paragraph 2, lands or alights
p.000118: on water in the territory of a
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 27
p.000118:
p.000118:
p.000118: neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be
p.000118: subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be
p.000118: commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and
p.000118: sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection.
p.000118: The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by
p.000118: the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the
p.000118: aircraft with its occupants, other than those who must be detained in accordance with the rules of international law
p.000118: applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the
p.000118: continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized
p.000118: and the occupants treated in accordance with paragraph 4.
p.000118: 4. The wounded, sick and shipwrecked disembarked, otherwise than tem- porarily, from a medical aircraft with the
p.000118: consent of the local authori- ties in the territory of a neutral or other State not a Party to the conflict shall,
p.000118: unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required
p.000118: by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in
p.000118: the hostilities. The cost of hospital treat- ment and internment shall be borne by the State to which those persons
p.000118: belong.
p.000118: 5. Neutral or other States not Parties to the conflict shall apply any condi- tions and restrictions on the passage
p.000118: of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the
p.000118: conflict.
p.000118:
p.000118: SECTION III
p.000118: MISSING AND DEAD PERSONS
p.000118: Article 32 — General principle
p.000118: In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict
p.000118: and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted
p.000118: mainly by the right of families to know the fate of their relatives.
p.000118:
p.000118: 28 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 33 — Missing persons
p.000118: 1. As soon as circumstances permit, and at the latest from the end of ac- tive hostilities, each Party to the
...

p.000118: Convention in the case where such a person is tried and punished for any offences he has committed.
p.000118: 5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military
p.000118: operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of
p.000118: his prior activities.
p.000118: 6. This Article is without prejudice to the right of any person to be a pris- oner of war pursuant to Article 4 of
p.000118: the Third Convention.
p.000118: 7. This Article is not intended to change the generally accepted practice of States with respect to the wearing of
p.000118: the uniform by combatants as- signed to the regular, uniformed armed units of a Party to the conflict.
p.000118:
p.000118: 34 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all
p.000118: members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to
p.000118: protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at
p.000118: sea or in other waters.
p.000118:
p.000118: Article 45 — Protection of persons who have taken part in hostilities
p.000118: 1. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a
p.000118: prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war,
p.000118: or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by
p.000118: notifi- cation to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person
p.000118: is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by
p.000118: the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.
p.000118: 2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be
p.000118: tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to
p.000118: prisoner-of-war status before a judicial tribunal and to have that ques- tion adjudicated. Whenever possible under
...

p.000118: population, so that those instruments may become known to the armed forces and to the civilian population.
p.000118: 2. Any military or civilian authorities who, in time of armed conflict, as- sume responsibilities in respect of the
p.000118: application of the Conventions and this Protocol shall be fully acquainted with the text thereof.
p.000118:
p.000118: Article 84 — Rules of application
p.000118: The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as
p.000118: appropriate, through the Protect- ing Powers, their official translations of this Protocol, as well as the laws and
p.000118: regulations which they may adopt to ensure its application.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 61
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Repression of breaches of the Conventions and of this Protocol
p.000118: Article 85 — Repression of breaches of this Protocol
p.000118: 1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by
p.000118: this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
p.000118: 2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against
p.000118: persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded,
p.000118: sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious
p.000118: personnel, medi- cal units or medical transports which are under the control of the ad- verse Party and are protected
p.000118: by this Protocol.
p.000118: 3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches
p.000118: of this Protocol, when commit- ted wilfully, in violation of the relevant provisions of this Protocol, and causing
p.000118: death or serious injury to body or health:
p.000118: a) making the civilian population or individual civilians the object of attack;
p.000118: b) launching an indiscriminate attack affecting the civilian popula- tion or civilian objects in the knowledge that
p.000118: such attack will cause excessive loss of life, injury to civilians or damage to civilian ob- jects, as defined in
p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
...

p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
...

p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
p.000118: Article 9 — Protection of medical and religious personnel
p.000118: 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the
p.000118: performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their
p.000118: humanitarian mission.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 89
p.000118:
p.000118:
p.000118: 2. In the performance of their duties medical personnel may not be re- quired to give priority to any person except
p.000118: on medical grounds.
p.000118:
p.000118: Article 10 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for having car- ried out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall neither be compelled to per- form acts or to carry out work contrary
p.000118: to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules de- signed for the
p.000118: benefit of the wounded and sick, or this Protocol.
p.000118: 3. The professional obligations of persons engaged in medical activities regarding information which they may
p.000118: acquire concerning the wound- ed and sick under their care shall, subject to national law, be respected.
p.000118: 4. Subject to national law, no person engaged in medical activities may be penalized in any way for refusing or
p.000118: failing to give information con- cerning the wounded and sick who are, or who have been, under his care.
p.000118:
p.000118: Article 11 — Protection of medical units and transports
p.000118: 1. Medical units and transports shall be respected and protected at all times and shall not be the object of
p.000118: attack.
p.000118: 2. The protection to which medical units and transports are entitled shall not cease unless they are used to commit
p.000118: hostile acts, outside their hu- manitarian function. Protection may, however, cease only after a warn- ing has been
p.000118: given setting, whenever appropriate, a reasonable time- limit, and after such warning has remained unheeded.
p.000118:
p.000118: Article 12 — The distinctive emblem
p.000118: Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red
p.000118: lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical
p.000118: transports. It shall be respected in all circumstances. It shall not be used improperly.
p.000118:
p.000118: 90 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART IV
p.000118: CIVILIAN POPULATION
p.000118: Article 13 — Protection of the civilian population
p.000118: 1. The civilian population and individual civilians shall enjoy general protection against the dangers
...

p.000118: Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monu- ments,
p.000118: works of art or places of worship which constitute the cultural or spir- itual heritage of peoples, and to use them in
p.000118: support of the military effort.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 91
p.000118:
p.000118:
p.000118: Article 17 — Prohibition of forced movement of civilians
p.000118: 1. The displacement of the civilian population shall not be ordered for rea- sons related to the conflict unless
p.000118: the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be
p.000118: carried out, all possible measures shall be taken in order that the civilian population may be received under
p.000118: satisfactory conditions of shelter, hygiene, health, safety and nutrition.
p.000118: 2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.
p.000118:
p.000118: Article 18 — Relief societies and relief actions
p.000118: 1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red
p.000118: Lion and Sun) organizations, may offer their services for the performance of their traditional func- tions in relation
p.000118: to the victims of the armed conflict. The civilian popu- lation may, even on its own initiative, offer to collect and
p.000118: care for the wounded, sick and shipwrecked.
p.000118: 2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its
p.000118: survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an ex-
p.000118: clusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken
p.000118: subject to the con- sent of the High Contracting Party concerned.
p.000118:
p.000118: PART V
p.000118: FINAL PROVISIONS
p.000118: Article 19 — Dissemination
p.000118: This Protocol shall be disseminated as widely as possible.
p.000118:
p.000118: Article 20 — Signature
p.000118: This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final
p.000118: Act and will remain open for a pe- riod of twelve months.
p.000118:
p.000118: 92 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 21 — Ratification
p.000118: This Protocol shall be ratified as soon as possible. The instruments of ratifi- cation shall be deposited with the
p.000118: Swiss Federal Council, depositary of the Conventions.
p.000118:
p.000118: Article 22 — Accession
p.000118: This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of
p.000118: accession shall be deposited with the depositary.
p.000118:
p.000118: Article 23 — Entry into force
p.000118: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been
p.000118: deposited.
p.000118: 2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force
...

Health / Pregnant

Searching for indicator pregnant:

(return to top)
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
p.000118: 1. Women shall be the object of special respect and shall be protected in particular against rape, forced
p.000118: prostitution and any other form of inde- cent assault.
p.000118: 2. Pregnant women and mothers having dependent infants who are ar- rested, detained or interned for reasons related
p.000118: to the armed conflict, shall have their cases considered with the utmost priority.
p.000118: 3. To the maximum extent feasible, the Parties to the conflict shall en- deavour to avoid the pronouncement of the
p.000118: death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The
p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
...

p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
...

Health / Unconscious People

Searching for indicator unconscious:

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p.000118: Organization.
p.000118:
p.000118: Article 39 — Emblems of nationality
p.000118: 1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of
p.000118: neutral or other States not Parties to the conflict.
p.000118: 2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while
p.000118: engaging in attacks or in order to shield, favour, protect or impede military operations.
p.000118: 3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing generally recognized rules
p.000118: of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
p.000118:
p.000118: Article 40 — Quarter
p.000118: It is prohibited to order that there shall be no survivors, to threaten an ad- versary therewith or to conduct
p.000118: hostilities on this basis.
p.000118:
p.000118: Article 41 — Safeguard of an enemy hors de combat
p.000118: 1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be
p.000118: made the object of attack.
p.000118: 2. A person is hors de combat if:
p.000118: a) he is in the power of an adverse Party;
p.000118:
p.000118: 32 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) he clearly expresses an intention to surrender; or
p.000118: c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable
p.000118: of defending himself;
p.000118: provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
p.000118: 3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under
p.000118: unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third
p.000118: Convention, they shall be released and all feasible precau- tions shall be taken to ensure their safety.
p.000118:
p.000118: Article 42 — Occupants of aircraft
p.000118: 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
p.000118: 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an
p.000118: aircraft in distress shall be given an opportunity to surrender before being made the object of attack, un- less it is
p.000118: apparent that he is engaging in a hostile act.
p.000118: 3. Airborne troops are not protected by this Article.
p.000118:
p.000118: SECTION II
p.000118: Combatant and prisoner-of-war status
p.000118: Article 43 — Armed forces
...

Health / ill

Searching for indicator ill:

(return to top)
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
p.000118: Article 9 — Protection of medical and religious personnel
p.000118: 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the
p.000118: performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their
p.000118: humanitarian mission.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 89
p.000118:
p.000118:
p.000118: 2. In the performance of their duties medical personnel may not be re- quired to give priority to any person except
p.000118: on medical grounds.
p.000118:
p.000118: Article 10 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for having car- ried out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall neither be compelled to per- form acts or to carry out work contrary
p.000118: to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules de- signed for the
p.000118: benefit of the wounded and sick, or this Protocol.
p.000118: 3. The professional obligations of persons engaged in medical activities regarding information which they may
...

Social / Access to Social Goods

Searching for indicator access:

(return to top)
p.000118: of the armed forces of the Occupying Power or of prisoners of war;
p.000118: b) that the requisition continues only while such necessity exists; and
p.000118: c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those
p.000118: of any wounded and sick under treatment who are affected by the requisition, con- tinue to be satisfied.
p.000118:
p.000118: Article 15 — Protection of civilian medical and religious personnel
p.000118: 1. Civilian medical personnel shall be respected and protected.
p.000118: 2. If needed, all available help shall be afforded to civilian medical per- sonnel in an area where civilian
p.000118: medical services are disrupted by rea- son of combat activity.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 19
p.000118:
p.000118:
p.000118: 3. The Occupying Power shall afford civilian medical personnel in occu- pied territories every assistance to enable
p.000118: them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that,
p.000118: in the performance of those functions, such per- sonnel shall give priority to the treatment of any person except on
p.000118: med- ical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian
p.000118: mission.
p.000118: 4. Civilian medical personnel shall have access to any place where their services are essential, subject to such
p.000118: supervisory and safety measures as the relevant Party to the conflict may deem necessary.
p.000118: 5. Civilian religious personnel shall be respected and protected. The pro- visions of the Conventions and of this
p.000118: Protocol concerning the protec- tion and identification of medical personnel shall apply equally to such persons.
p.000118:
p.000118: Article 16 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for carrying out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall not be compelled to per- form acts or to carry out work contrary to
p.000118: the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the
p.000118: provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work
p.000118: required by those rules and provisions.
p.000118: 3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse
p.000118: Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded
...

p.000118: 4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and
p.000118: recover the dead from battlefied areas, including arrangements, if appropriate, for such teams to be accompa- nied by
p.000118: personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of
p.000118: such teams shall be respected and protected while exclusively carrying out these duties.
p.000118:
p.000118: Article 34 — Remains of deceased
p.000118: 1. The remains of persons who have died for reasons related to occupa- tion or in detention resulting from
p.000118: occupation or hostilities and those of persons not nationals of the country in which they have died as a result of
p.000118: hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as
p.000118: provided for in
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 29
p.000118:
p.000118:
p.000118: Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration
p.000118: under the Conven- tions and this Protocol.
p.000118: 2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in
p.000118: whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result
p.000118: of hostilities or during occupation or in detention are situated, shall conclude agreements in order:
p.000118: a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves
p.000118: registration services and to reg- ulate the practical arrangements for such access;
p.000118: b) to protect and maintain such gravesites permanently;
p.000118: c) to facilitate the return of the remains of the deceased and of per- sonal effects to the home country upon its
p.000118: request or, unless that country objects, upon the request of the next of kin.
p.000118: 3. In the absence of the agreements provided for in paragraph 2 b) or c) and if the home country of such deceased
p.000118: is not willing to arrange at its expense for the maintenance of such gravesites, the High Contract- ing Party in whose
p.000118: territory the gravesites are situated may offer to fa- cilitate the return of the remains of the deceased to the home
p.000118: country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from
p.000118: the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws
p.000118: relating to cemeteries and graves.
p.000118: 4. A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be
p.000118: permitted to exhume the remains only:
p.000118: a) in accordance with paragraphs 2 c) and 3, or
p.000118: b) where exhumation is a matter of overriding public necessity, includ- ing cases of medical and investigative
...

Social / Age

Searching for indicator age:

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p.000118: 1. Women shall be the object of special respect and shall be protected in particular against rape, forced
p.000118: prostitution and any other form of inde- cent assault.
p.000118: 2. Pregnant women and mothers having dependent infants who are ar- rested, detained or interned for reasons related
p.000118: to the armed conflict, shall have their cases considered with the utmost priority.
p.000118: 3. To the maximum extent feasible, the Parties to the conflict shall en- deavour to avoid the pronouncement of the
p.000118: death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The
p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
p.000118: evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the
p.000118: evacuation.
p.000118: 2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral
p.000118: education as his parents desire, shall be provided while he is away with the greatest possible continuity.
p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
...

p.000118: transports and installations protected un- der the Geneva Conventions and the Protocol.
p.000118: 2. These rules do not in and of themselves establish the right to protection. This right is governed by the
p.000118: relevant articles in the Conventions and the Protocol.
p.000118: 3. The competent authorities may, subject to the relevant provisions of the Geneva Con- ventions and the Protocol,
p.000118: at all times regulate the use, display, illumination and de- tectability of the distinctive emblems and signals.
p.000118: 4. The High Contracting Parties and in particular the Parties to the conflict are invited at all times to agree
p.000118: upon additional or other signals, means or systems which enhance the possibility of identification and take full
p.000118: advantage of technological developments in this field.
p.000118:
p.000118: CHAPTER I
p.000118: Identity cards
p.000118: Article 2 — Identity card for permanent civilian medical and religious personnel**
p.000118: 1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3,
p.000118: of the Protocol should:
p.000118: a) bear the distinctive emblem and be of such size that it can be carried in the pocket;
p.000118: b) be as durable as practicable;
p.000118: c) be worded in the national or official language and, in addition and when appropri- ate, in the local language of
p.000118: the region concerned;
p.000118: d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the
p.000118: identity number, if any, of the holder;
p.000118: e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;
p.000118: f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
p.000118:
p.000118: * See the editor’s note at the beginning of this booklet.
p.000118: ** This was formerly Article 1, of which para c) read: “be worded in the national or official language (and may in
p.000118: addition be worded in other languages)”.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 71
p.000118:
p.000118:
p.000118: g) bear the stamp and signature of the competent authority;
p.000118: h) state the date of issue and date of expiry of the card;
p.000118: i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
p.000118: 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far
p.000118: as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the
p.000118: single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen
p.000118: of the model they are us- ing, if such model differs from that shown in Figure 1. The identity card shall be made out,
p.000118: if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards
p.000118: which it has issued.
p.000118: 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity
p.000118: cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
p.000118:
p.000118: Article 3 — Identity card for temporary civilian medical and religious personnel
p.000118: 1. The identity card for temporary civilian medical and religious person- nel should, whenever possible, be similar
p.000118: to that provided for in Article 2 of these Regulations. The Parties to the conflict may be guided by the model shown in
p.000118: Figure 1.
p.000118: 2. When circumstances preclude the provision to temporary civilian medical and religious personnel of
p.000118: identity cards similar to those de- scribed in Article 2 of these Regulations, the said personnel may be provided with
p.000118: a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as
p.000118: temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive
p.000118: emblem. The certificate should mention the holder’s name and date of birth (or if that is not available, his age at the
p.000118: time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his
p.000118: thumbprint, or both.
p.000118:
p.000118: 72 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 1: Model of identity card (format: 74 mm x 105 mm)
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 73
p.000118:
p.000118:
p.000118: CHAPTER II
p.000118: The distinctive emblem
p.000118: Article 4 — Shape
p.000118: The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes
p.000118: of the cross, the crescent or the lion and sun*, the High Con- tracting Parties may be guided by the models shown in
p.000118: Figure 2.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 2: Distinctive emblems in red on a white ground
p.000118:
p.000118:
p.000118:
p.000118: Article 5 — Use
p.000118: 1. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or in any other way
p.000118: appropriate to the lay of the land, so that it is visible from as many directions and from as far away as possible, and
p.000118: in particular from the air.
...

p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
p.000118: a) they shall receive an education, including religious and moral edu- cation, in keeping with the wishes of their
p.000118: parents, or in the absence of parents, of those responsible for their care;
p.000118: b) all appropriate steps shall be taken to facilitate the reunion of fami- lies temporarily separated;
p.000118: c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups
p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
...

p.000118: particular:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
...

Social / Child

Searching for indicator child:

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p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
p.000118: evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the
p.000118: evacuation.
p.000118: 2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral
p.000118: education as his parents desire, shall be provided while he is away with the greatest possible continuity.
p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
p.000118: Article 79 — Measures of protection for journalists
p.000118: 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as
p.000118: civilians within the meaning of Article 50, paragraph 1.
p.000118: 2. They shall be protected as such under the Conventions and this Proto- col, provided that they take no action
p.000118: adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to
p.000118: the armed forces to the status provided for in Article 4 A
p.000118: 4) of the Third Convention.
p.000118: 3. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be
p.000118: issued by the government of the State of which the journalist is a national or in whose territory he resides or in
p.000118: which the news medium employing him is located, shall attest to his status as a journalist.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 59
p.000118:
p.000118:
p.000118: PART V
p.000118: ExECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
p.000118:
p.000118: SECTION I
p.000118: General provisions
p.000118: Article 80 — Measures for execution
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall with- out delay take all necessary measures
p.000118: for the execution of their obliga- tions under the Conventions and this Protocol.
p.000118: 2. The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure
...

Searching for indicator children:

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p.000048: 48
p.000048: Article 67 Members of the armed forces
p.000048: and military units assigned to civil defence organizations 49
p.000048: SECTION II – Relief in favour of the civilian population 51
p.000048: Article 68 Field of application 51
p.000048: Article 69 Basic needs in occupied territories 51
p.000048: Article 70 Relief actions
p.000051: 51
p.000051: Article 71 Personnel participating in relief actions 52
p.000051: SECTION III – Treatment of persons in the power
p.000051: of a Party to the conflict 53
p.000051: CHAPTER I – Field of application and protection of persons and objets 53
p.000051: Article 72 Field of application 53
p.000051: Article 73 Refugees and stateless persons 53
p.000051: Article 74 Reunion of dispersed families 53
p.000051: Article 75 Fundamental guarantees 53
p.000051:
p.000051: 4 CONTENTS
p.000051: CHAPTER II – Measures in favour of women and children 56
p.000051: Article 76 Protection of women 56
p.000051: Article 77 Protection of children 56
p.000051: Article 78 Evacuation of children 57
p.000051: CHAPTER III – Journalists 58
p.000051: Article 79 Measures of protection for journalists 58
p.000051: PART V
p.000051: ExECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL 59
p.000051: SECTION I – General Provisions 59
p.000051: Article 80 Measures for execution 59
p.000051: Article 81 Activities of the Red Cross and other humanitarian
p.000051: organizations 59
p.000051: Article 82 Legal advisers in armed forces 60
p.000051: Article 83 Dissemination 60
p.000051: Article 84 Rules of application 60
p.000051: SECTION II – Repression of breaches of the Conventions
p.000051: and of this Protocol 61
p.000051: Article 85 Repression of breaches of this Protocol 61
p.000051: Article 86 Failure to act
p.000062: 62
p.000062: Article 87 Duty of commanders 62
...

p.000118: Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
p.000118:
p.000118: Article 69 — basic needs in occupied territories
p.000118: 1. In addition to the duties specified in Article 55 of the Fourth Conven- tion concerning food and medical
p.000118: supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse
p.000118: distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival
p.000118: of the civilian population of the occupied territory and objects necessary for religious worship.
p.000118: 2. Relief actions for the benefit of the civilian population of occupied ter- ritories are governed by Articles 59,
p.000118: 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be
p.000118: implemented without delay.
p.000118:
p.000118: Article 70 — Relief actions
p.000118: 1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied
p.000118: territory, is not adequately provid- ed with the supplies mentioned in Article 69, relief actions which are
p.000118: humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to
p.000118: the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as
p.000118: interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be
p.000118: given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth
p.000118: Convention or under this Protocol, are to be accorded privileged treatment or special protection.
p.000118: 2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded
p.000118: passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such
p.000118: assistance is destined for the civilian population of the ad- verse Party.
p.000118: 3. The Parties to the conflict and each High Contracting Party which al- low the passage of relief consignments,
p.000118: equipment and personnel in accordance with paragraph 2:
p.000118:
p.000118: 52 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) shall have the right to prescribe the technical arrangements, includ- ing search, under which such passage is
p.000118: permitted;
p.000118: b) may make such permission conditional on the distribution of this as- sistance being made under the local
p.000118: supervision of a Protecting Power;
p.000118: c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay
p.000118: their forwarding, ex- cept in cases of urgent necessity in the interest of the civilian popu- lation concerned.
p.000118: 4. The Parties to the conflict shall protect relief consignments and facili- tate their rapid distribution.
...

p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
p.000118: 1. Women shall be the object of special respect and shall be protected in particular against rape, forced
p.000118: prostitution and any other form of inde- cent assault.
p.000118: 2. Pregnant women and mothers having dependent infants who are ar- rested, detained or interned for reasons related
p.000118: to the armed conflict, shall have their cases considered with the utmost priority.
p.000118: 3. To the maximum extent feasible, the Parties to the conflict shall en- deavour to avoid the pronouncement of the
p.000118: death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The
p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
p.000118: fifteen years take a direct part in hos- tilities and fall into the power of an adverse Party, they shall continue
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 57
p.000118:
p.000118:
p.000118: to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
p.000118: 4. If arrested, detained or interned for reasons related to the armed con- flict, children shall be held in
p.000118: quarters separate from the quarters of adults, except where families are accommodated as family units as pro- vided in
p.000118: Article 75, paragraph 5.
p.000118: 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
p.000118: attained the age of eighteen years at the time the offence was committed.
p.000118:
p.000118: Article 78 — Evacuation of children
p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
p.000118: evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the
p.000118: evacuation.
p.000118: 2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral
p.000118: education as his parents desire, shall be provided while he is away with the greatest possible continuity.
p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
...

p.000118:
p.000118:
p.000118: flict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict
p.000118: occurs.
p.000118:
p.000118: PART II
p.000118: HUMANE TREATMENT
p.000118: Article 4 — Fundamental guarantees
p.000118: 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their
p.000118: liberty has been restricted, are entitled to respect for their person, honour and convictions and reli- gious
p.000118: practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to
p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
p.000118: a) they shall receive an education, including religious and moral edu- cation, in keeping with the wishes of their
p.000118: parents, or in the absence of parents, of those responsible for their care;
p.000118: b) all appropriate steps shall be taken to facilitate the reunion of fami- lies temporarily separated;
p.000118: c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups
p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
...

p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
...

Social / Ethnicity

Searching for indicator ethnic:

(return to top)
p.000118: In witness whereof, the representatives have signed this Final Act.
p.000118:
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 113
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL
p.000118: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE ADOPTION
p.000118: OF AN ADDITIONAL DISTINCTIVE EMbLEM
p.000118: (PROTOCOL III), OF 8 DECEMbER 2005
p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: (PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44
p.000118: of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular
p.000118: Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Pro- tocol II), concerning the use of
p.000118: distinctive emblems,
p.000118:
p.000118: (PP2) Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal
p.000118: character,
p.000118:
p.000118: (PP3) Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to
p.000118: use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable,
p.000118: the Protocols additional thereto,
p.000118:
p.000118: (PP4) Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the
p.000118: Protocols additional thereto derives from their protected status under international law and is not dependent on use of
p.000118: the distinctive emblems, signs or signals,
p.000118:
p.000118: (PP5) Stressing that the distinctive emblems are not intended to have any re- ligious, ethnic, racial, regional or
p.000118: political significance,
p.000118:
p.000118: (PP6) Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems
p.000118: recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto,
p.000118:
p.000118: 114 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: (PP7) Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the
p.000118: indicative use of the distinctive emblems,
p.000118:
p.000118: (PP8) Recalling further that National Societies undertaking activities on the territory of another State must ensure
p.000118: that the emblems they intend to use within the framework of such activities may be used in the country where the
p.000118: activity takes place and in the country or countries of transit,
p.000118:
p.000118: (PP9) Recognizing the difficulties that certain States and National Societies may have with the use of the existing
p.000118: distinctive emblems,
p.000118:
p.000118: (PP10) Noting the determination of the International Committee of the Red Cross, the International Federation of Red
p.000118: Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current
p.000118: names and emblems,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: Article 1 — Respect for and scope of application of this Protocol
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. This Protocol reaffirms and supplements the provisions of the four Ge- neva Conventions of 12 August 1949 (“the
...

Social / Incarcerated

Searching for indicator liberty:

(return to top)
p.000077: CHAPTER V – Civil defence 77
p.000077: Article 15 Identity card
p.000077: 77
p.000077: Article 16 International distinctive sign 79
p.000077: CHAPTER VI – Works and installations containing dangerous forces 80
p.000077: Article 17 International special sign 80
p.000077: ANNEX II Identity card for journalists on dangerous
p.000077: professional missions 81
p.000077:
p.000077: 6 CONTENTS
p.000077:
p.000077:
p.000077:
p.000077:
p.000077: PROTOCOL ADDITIONAL
p.000077: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED
p.000077: CONFLICTS (PROTOCOL II), OF 8 JUNE 1977
p.000077: Preamble
p.000083: 83
p.000083: PART I
p.000083: SCOPE OF THIS PROTOCOL 84
p.000083: Article 1 Material field of application 84
p.000083: Article 2 Personal field of application 84
p.000083: Article 3 Non-intervention 84
p.000083: PART II
p.000083: HUMANE TREATMENT 85
p.000083: Article 4 Fundamental guarantees 85
p.000083: Article 5 Persons whose liberty has been restricted 86
p.000083: Article 6 Penal prosecutions 87
p.000083: PART III
p.000083: WOUNDED, SICk AND SHIPWRECkED 88
p.000083: Article 7 Protection and care 88
p.000083: Article 8 Search
p.000088: 88
p.000088: Article 9 Protection of medical and religious personnel 88
p.000088: Article 10 General protection of medical duties 89
p.000088: Article 11 Protection of medical units and transports 89
p.000088: Article 12 The distinctive emblem 89
p.000088: PART IV
p.000088: CIVILIAN POPULATION 90
p.000088: Article 13 Protection of the civilian population 90
p.000088: Article 14 Protection of objects indispensable to the survival
p.000088: of the civilian population 90
...

p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
p.000118: 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are
p.000118: interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be
p.000118: endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this
p.000118: Article to any medi- cal procedure which is not indicated by the state of health of the person concerned and which is
p.000118: not consistent with generally accepted medical standards which would be applied under similar medical circumstanc- es
p.000118: to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
p.000118: 2. It is, in particular, prohibited to carry out on such persons, even with their consent:
p.000118: a) physical mutilations;
p.000118: b) medical or scientific experiments;
p.000118: c) removal of tissue or organs for transplantation,
p.000118: except where these acts are justified in conformity with the conditions provided for in paragraph 1.
p.000118: 3. Exceptions to the prohibition in paragraph 2 c) may be made only in the case of donations of blood for
p.000118: transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement,
p.000118: and then only for therapeutic purposes. under conditions consistent with generally accepted medical standards and
p.000118: controls de- signed for the benefit of both the donor and the recipient.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 17
p.000118:
p.000118:
p.000118: 4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person
p.000118: who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions
p.000118: in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.
p.000118: 5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal,
p.000118: medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.
p.000118: 6. Each Party to the conflict shall keep a medical record for every dona- tion of blood for transfusion or skin for
p.000118: grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In
p.000118: addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect
p.000118: to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in
p.000118: Article 1. These records shall be available at all times for inspection by the Protecting Power.
p.000118:
p.000118: Article 12 — Protection of medical units
p.000118: 1. Medical units shall be respected and protected at all times and shall not be the object of attack.
p.000118: 2. Paragraph 1 shall apply to civilian medical units, provided that they:
p.000118: a) belong to one of the Parties to the conflict;
p.000118: b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or
p.000118: c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.
p.000118: 3. The Parties to the conflict are invited to notify each other of the loca- tion of their medical units. The
p.000118: absence of such notification shall not exempt any of the Parties from the obligation to comply with the provi- sions of
p.000118: paragraph 1.
p.000118: 4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack.
p.000118: Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against
p.000118: military objectives do not imperil their safety.
p.000118:
p.000118: Article 13 — Discontinuance of protection of civilian medical units
p.000118: 1. The protection to which civilian medical units are entitled shall not cease unless they are used to
p.000118: commit, outside their humanitarian
p.000118:
...

p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
...

p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 85
p.000118:
p.000118:
p.000118: flict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict
p.000118: occurs.
p.000118:
p.000118: PART II
p.000118: HUMANE TREATMENT
p.000118: Article 4 — Fundamental guarantees
p.000118: 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their
p.000118: liberty has been restricted, are entitled to respect for their person, honour and convictions and reli- gious
p.000118: practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to
p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
p.000118: a) they shall receive an education, including religious and moral edu- cation, in keeping with the wishes of their
p.000118: parents, or in the absence of parents, of those responsible for their care;
p.000118: b) all appropriate steps shall be taken to facilitate the reunion of fami- lies temporarily separated;
p.000118: c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups
p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
p.000118: reasons related to the armed con- flict shall be treated humanely in accordance with Article 4 and with paragraphs 1
p.000118: a), c) and d), and 2 b) of this Article.
p.000118: 4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall
p.000118: be taken by those so deciding.
p.000118:
p.000118: Article 6 — Penal prosecutions
p.000118: 1. This Article applies to the prosecution and punishment of criminal of- fences related to the armed conflict.
p.000118: 2. No sentence shall be passed and no penalty shall be executed on a per- son found guilty of an offence except
p.000118: pursuant to a conviction pro- nounced by a court offering the essential guarantees of independence and impartiality. In
p.000118: particular:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
p.000118: Article 9 — Protection of medical and religious personnel
p.000118: 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the
...

p.000118:
p.000118: Article 23 — Entry into force
p.000118: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been
p.000118: deposited.
p.000118: 2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force
p.000118: six months after the deposit by such Party of its instrument of ratification or accession.
p.000118:
p.000118: Article 24 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be
p.000118: communicated to the de- positary which shall decide, after consultation with all the High Contract- ing Parties and the
p.000118: International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 25 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six
p.000118: months after receipt of the in- strument of denunciation. If, however, on the expiry of six months, the denouncing
p.000118: Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of
p.000118: the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons
p.000118: related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final
p.000118: release.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 93
p.000118:
p.000118:
p.000118: Article 26 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they
p.000118: are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21
p.000118: and 22;
p.000118: b) the date of entry into force of this Protocol under Article 23; and
p.000118: c) communications and declarations received under Article 24.
p.000118:
p.000118: Article 27 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the deposi- tary to the Secretariat of the
p.000118: United Nations for registration and publica- tion, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions
p.000118: received by it with respect to this Protocol.
p.000118:
p.000118: Article 28 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Conventions.
p.000118:
p.000118:
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p.000118: operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to
p.000118: the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a
p.000118: combatant, provided that, in such situations, he carries his arms openly:
p.000118: a) during each military engagement, and
p.000118: b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the
p.000118: launching of an attack in which he is to participate.
p.000118: Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of
p.000118: Article 37, paragraph 1 c).
p.000118: 4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the
p.000118: second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, neverthe- less, be given
p.000118: protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this
p.000118: Protocol. This protection includes protections equivalent to those accorded to prison- ers of war by the Third
p.000118: Convention in the case where such a person is tried and punished for any offences he has committed.
p.000118: 5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military
p.000118: operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of
p.000118: his prior activities.
p.000118: 6. This Article is without prejudice to the right of any person to be a pris- oner of war pursuant to Article 4 of
p.000118: the Third Convention.
p.000118: 7. This Article is not intended to change the generally accepted practice of States with respect to the wearing of
p.000118: the uniform by combatants as- signed to the regular, uniformed armed units of a Party to the conflict.
p.000118:
p.000118: 34 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all
p.000118: members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to
p.000118: protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at
p.000118: sea or in other waters.
p.000118:
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p.000077: Article 15 Identity card
p.000077: 77
p.000077: Article 16 International distinctive sign 79
p.000077: CHAPTER VI – Works and installations containing dangerous forces 80
p.000077: Article 17 International special sign 80
p.000077: ANNEX II Identity card for journalists on dangerous
p.000077: professional missions 81
p.000077:
p.000077: 6 CONTENTS
p.000077:
p.000077:
p.000077:
p.000077:
p.000077: PROTOCOL ADDITIONAL
p.000077: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED
p.000077: CONFLICTS (PROTOCOL II), OF 8 JUNE 1977
p.000077: Preamble
p.000083: 83
p.000083: PART I
p.000083: SCOPE OF THIS PROTOCOL 84
p.000083: Article 1 Material field of application 84
p.000083: Article 2 Personal field of application 84
p.000083: Article 3 Non-intervention 84
p.000083: PART II
p.000083: HUMANE TREATMENT 85
p.000083: Article 4 Fundamental guarantees 85
p.000083: Article 5 Persons whose liberty has been restricted 86
p.000083: Article 6 Penal prosecutions 87
p.000083: PART III
p.000083: WOUNDED, SICk AND SHIPWRECkED 88
p.000083: Article 7 Protection and care 88
p.000083: Article 8 Search
p.000088: 88
p.000088: Article 9 Protection of medical and religious personnel 88
p.000088: Article 10 General protection of medical duties 89
p.000088: Article 11 Protection of medical units and transports 89
p.000088: Article 12 The distinctive emblem 89
p.000088: PART IV
p.000088: CIVILIAN POPULATION 90
p.000088: Article 13 Protection of the civilian population 90
p.000088: Article 14 Protection of objects indispensable to the survival
p.000088: of the civilian population 90
p.000088: Article 15 Protection of works and installations containing
...

p.000118: b) may make such permission conditional on the distribution of this as- sistance being made under the local
p.000118: supervision of a Protecting Power;
p.000118: c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay
p.000118: their forwarding, ex- cept in cases of urgent necessity in the interest of the civilian popu- lation concerned.
p.000118: 4. The Parties to the conflict shall protect relief consignments and facili- tate their rapid distribution.
p.000118: 5. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective
p.000118: international co-ordination of the relief actions referred to in paragraph 1.
p.000118:
p.000118: Article 71 — Personnel participating in relief actions
p.000118: 1. Where necessary, relief personnel may form part of the assistance pro- vided in any relief action, in particular
p.000118: for the transportation and dis- tribution of relief consignments; the participation of such personnel shall be subject
p.000118: to the approval of the Party in whose territory they will carry out their duties.
p.000118: 2. Such personnel shall be respected and protected.
p.000118: 3. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief
p.000118: personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military
p.000118: necessity may the activities of the relief personnel be limited or their movements temporarily restricted.
p.000118: 4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular
p.000118: they shall take account of the security requirements of the Party in whose territory they are carrying out their
p.000118: duties. The mission of any of the personnel who do not respect these conditions may be terminated.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 53
p.000118:
p.000118:
p.000118: SECTION III
p.000118: Treatment of persons in the power of a party to the conflict
p.000118:
p.000118: CHAPTER I
p.000118: Field of application and protection of perons and objects
p.000118: Article 72 — Field of application
p.000118: The provisions of this Section are additional to the rules concerning humani- tarian protection of civilians and
p.000118: civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and
p.000118: III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human
p.000118: rights during international armed conflict.
p.000118:
p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
...

p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
...

p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 85
p.000118:
p.000118:
p.000118: flict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict
p.000118: occurs.
p.000118:
p.000118: PART II
p.000118: HUMANE TREATMENT
p.000118: Article 4 — Fundamental guarantees
p.000118: 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their
p.000118: liberty has been restricted, are entitled to respect for their person, honour and convictions and reli- gious
p.000118: practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to
p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
p.000118: a) they shall receive an education, including religious and moral edu- cation, in keeping with the wishes of their
p.000118: parents, or in the absence of parents, of those responsible for their care;
p.000118: b) all appropriate steps shall be taken to facilitate the reunion of fami- lies temporarily separated;
p.000118: c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups
p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
p.000118: reasons related to the armed con- flict shall be treated humanely in accordance with Article 4 and with paragraphs 1
p.000118: a), c) and d), and 2 b) of this Article.
p.000118: 4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall
p.000118: be taken by those so deciding.
p.000118:
p.000118: Article 6 — Penal prosecutions
p.000118: 1. This Article applies to the prosecution and punishment of criminal of- fences related to the armed conflict.
p.000118: 2. No sentence shall be passed and no penalty shall be executed on a per- son found guilty of an offence except
p.000118: pursuant to a conviction pro- nounced by a court offering the essential guarantees of independence and impartiality. In
p.000118: particular:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
...

p.000118: 2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force
p.000118: six months after the deposit by such Party of its instrument of ratification or accession.
p.000118:
p.000118: Article 24 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be
p.000118: communicated to the de- positary which shall decide, after consultation with all the High Contract- ing Parties and the
p.000118: International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 25 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six
p.000118: months after receipt of the in- strument of denunciation. If, however, on the expiry of six months, the denouncing
p.000118: Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of
p.000118: the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons
p.000118: related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final
p.000118: release.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 93
p.000118:
p.000118:
p.000118: Article 26 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they
p.000118: are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21
p.000118: and 22;
p.000118: b) the date of entry into force of this Protocol under Article 23; and
p.000118: c) communications and declarations received under Article 24.
p.000118:
p.000118: Article 27 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the deposi- tary to the Secretariat of the
p.000118: United Nations for registration and publica- tion, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions
p.000118: received by it with respect to this Protocol.
p.000118:
p.000118: Article 28 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Conventions.
p.000118:
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 95
p.000118:
p.000118:
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p.000118: conflict;
p.000118: h) “medical vehicles” means any medical transports by land;
p.000118: i) “medical ships and craft” means any medical transports by water;
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
...

p.000118: rights during international armed conflict.
p.000118:
p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
...

p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
p.000118: Article 79 — Measures of protection for journalists
p.000118: 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as
p.000118: civilians within the meaning of Article 50, paragraph 1.
p.000118: 2. They shall be protected as such under the Conventions and this Proto- col, provided that they take no action
p.000118: adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to
...

p.000118: ANNEX I*
p.000118: REGULATIONS CONCERNING IDENTIFICATION
p.000118: Article 1 — General provisions
p.000118: 1. The regulations concerning identification in this Annex implement the relevant provi- sions of the Geneva
p.000118: Conventions and the Protocol; they are intended to facilitate the identification of personnel, material, units,
p.000118: transports and installations protected un- der the Geneva Conventions and the Protocol.
p.000118: 2. These rules do not in and of themselves establish the right to protection. This right is governed by the
p.000118: relevant articles in the Conventions and the Protocol.
p.000118: 3. The competent authorities may, subject to the relevant provisions of the Geneva Con- ventions and the Protocol,
p.000118: at all times regulate the use, display, illumination and de- tectability of the distinctive emblems and signals.
p.000118: 4. The High Contracting Parties and in particular the Parties to the conflict are invited at all times to agree
p.000118: upon additional or other signals, means or systems which enhance the possibility of identification and take full
p.000118: advantage of technological developments in this field.
p.000118:
p.000118: CHAPTER I
p.000118: Identity cards
p.000118: Article 2 — Identity card for permanent civilian medical and religious personnel**
p.000118: 1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3,
p.000118: of the Protocol should:
p.000118: a) bear the distinctive emblem and be of such size that it can be carried in the pocket;
p.000118: b) be as durable as practicable;
p.000118: c) be worded in the national or official language and, in addition and when appropri- ate, in the local language of
p.000118: the region concerned;
p.000118: d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the
p.000118: identity number, if any, of the holder;
p.000118: e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;
p.000118: f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
p.000118:
p.000118: * See the editor’s note at the beginning of this booklet.
p.000118: ** This was formerly Article 1, of which para c) read: “be worded in the national or official language (and may in
p.000118: addition be worded in other languages)”.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 71
p.000118:
p.000118:
p.000118: g) bear the stamp and signature of the competent authority;
p.000118: h) state the date of issue and date of expiry of the card;
p.000118: i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
p.000118: 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far
p.000118: as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the
p.000118: single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen
p.000118: of the model they are us- ing, if such model differs from that shown in Figure 1. The identity card shall be made out,
p.000118: if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards
p.000118: which it has issued.
p.000118: 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity
p.000118: cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
p.000118:
p.000118: Article 3 — Identity card for temporary civilian medical and religious personnel
p.000118: 1. The identity card for temporary civilian medical and religious person- nel should, whenever possible, be similar
p.000118: to that provided for in Article 2 of these Regulations. The Parties to the conflict may be guided by the model shown in
p.000118: Figure 1.
p.000118: 2. When circumstances preclude the provision to temporary civilian medical and religious personnel of
p.000118: identity cards similar to those de- scribed in Article 2 of these Regulations, the said personnel may be provided with
p.000118: a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as
p.000118: temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive
...

p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 84 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: SCOPE OF THIS PROTOCOL
p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
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p.000118: military operations. To give effect to this protection, the following rules, which are additional to other ap- plicable
p.000118: rules of international law, shall be observed in all circumstances.
p.000118: 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or
p.000118: threats of violence the primary pur- pose of which is to spread terror among the civilian population are prohibited.
p.000118: 3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct
p.000118: part in hostilities.
p.000118: 4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
p.000118: a) those which are not directed at a specific military objective;
p.000118: b) those which employ a method or means of combat which cannot be directed at a specific military objective; or
p.000118: c) those which employ a method or means of combat the effects of which cannot be limited as required by this
p.000118: Protocol;
p.000118: and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects
p.000118: without distinction.
p.000118: 5. Among others, the following types of attacks are to be considered as indiscriminate:
p.000118: a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly
p.000118: separated and distinct military objectives located in a city, town, village or other area con- taining a similar
p.000118: concentration of civilians or civilian objects; and
p.000118:
p.000118: 38 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian
p.000118: objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage
p.000118: anticipated.
p.000118: 6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
p.000118: 7. The presence or movements of the civilian population or individual ci- vilians shall not be used to render
p.000118: certain points or areas immune from military operations, in particular in attempts to shield military objec- tives from
p.000118: attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement
p.000118: of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to
p.000118: shield military operations.
p.000118: 8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations
...

p.000118: c) be worded in the national or official language and, in addition and when appropri- ate, in the local language of
p.000118: the region concerned;
p.000118: d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the
p.000118: identity number, if any, of the holder;
p.000118: e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;
p.000118: f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
p.000118:
p.000118: * See the editor’s note at the beginning of this booklet.
p.000118: ** This was formerly Article 1, of which para c) read: “be worded in the national or official language (and may in
p.000118: addition be worded in other languages)”.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 71
p.000118:
p.000118:
p.000118: g) bear the stamp and signature of the competent authority;
p.000118: h) state the date of issue and date of expiry of the card;
p.000118: i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
p.000118: 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far
p.000118: as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the
p.000118: single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen
p.000118: of the model they are us- ing, if such model differs from that shown in Figure 1. The identity card shall be made out,
p.000118: if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards
p.000118: which it has issued.
p.000118: 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity
p.000118: cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
p.000118:
p.000118: Article 3 — Identity card for temporary civilian medical and religious personnel
p.000118: 1. The identity card for temporary civilian medical and religious person- nel should, whenever possible, be similar
p.000118: to that provided for in Article 2 of these Regulations. The Parties to the conflict may be guided by the model shown in
p.000118: Figure 1.
p.000118: 2. When circumstances preclude the provision to temporary civilian medical and religious personnel of
p.000118: identity cards similar to those de- scribed in Article 2 of these Regulations, the said personnel may be provided with
p.000118: a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as
p.000118: temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive
...

p.000118: Conference.
p.000118:
p.000118: Article 9 — Electronic identification
p.000118: 1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chi- cago Convention on
p.000118: International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow
p.000118: the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be
p.000118: es- tablished by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting
p.000118: in agreement or alone, in accordance with procedures to be recom- mended by the International Civil Aviation
p.000118: Organization.
p.000118:
p.000118: 76 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 2. Protected medical transports may, for their identification and location, use standard aeronautical radar
p.000118: transponders and/or maritime search and rescue radar transponders.
p.000118: It should be possible for protected medical transports to be identified by other vessels or aircraft equipped with
p.000118: secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the
p.000118: medical transports.
p.000118: The code transmitted by the medical transport transponder should be assigned to that transport by the competent
p.000118: authorities and notified to all the Parties to the conflict.
p.000118: 3. It should be possible for medical transports to be identified by submarines by the ap- propriate underwater
p.000118: acoustic signals transmitted by the medical transports.
p.000118: The underwater acoustic signal shall consist of the call sign (or any other recognized means of identification of
p.000118: medical transport) of the ship preceded by the single group YYY transmitted in morse on an appropriate acoustic
p.000118: frequency, e.g. 5kHz.
p.000118: Parties to a conflict wishing to use the underwater acoustic identification signal de- scribed above shall inform the
p.000118: Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm
p.000118: the frequency to be em- ployed.
p.000118: 4. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic
p.000118: system for the identification of medical vehicles, and medical ships and craft.
p.000118:
p.000118: CHAPTER IV
p.000118: Communications
p.000118: Article 10 — Radiocommunications
p.000118: 1. The urgency signal and the distinctive signal provided for in Article 8 may precede ap- propriate
p.000118: radiocommunications by medical units and transports in the application of the procedures carried out under Articles 22,
p.000118: 23 and 25 to 31 of the Protocol.
p.000118: 2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Sec- tion III, No. 3214) of
p.000118: the ITU Radio Regulations may also transmit their communica- tions by satellite systems, in accordance with the
p.000118: provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite Services.
p.000118:
p.000118: Article 11 — Use of international codes
p.000118: Medical units and transports may also use the codes and signals laid down by the Interna- tional Telecommunication
p.000118: Union, the International Civil Aviation Organization and the International Maritime Organization. These codes and
p.000118: signals shall be used in accordance with the standards, practices and procedures established by these Organizations.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 77
...

p.000118:
p.000118: Article 9 — Electronic identification
p.000118: 1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chi- cago Convention on
p.000118: International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow
p.000118: the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 97
p.000118:
p.000118:
p.000118: established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in
p.000118: agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organization.
p.000118: 2. Protected medical transports may, for their identification and location, use standard aeronautical radar
p.000118: transponders and/or maritime search and rescue radar transponders.
p.000118: It should be possible for protected medical transports to be identified by other vessels or aircraft equipped with
p.000118: secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the
p.000118: medical transports.
p.000118: The code transmitted by the medical transport transponder should be assigned to that transport by the competent
p.000118: authorities and notified to all the Parties to the conflict.
p.000118: 3. It should be possible for medical transports to be identified by submarines by the ap- propriate underwater
p.000118: acoustic signals transmitted by the medical transports.
p.000118: The underwater acoustic signal shall consist of the call sign (or any other recognized means of identification of
p.000118: medical transport) of the ship preceded by the single group YYY transmitted in morse on an appropriate acoustic
p.000118: frequency, e.g. 5kHz.
p.000118: Parties to a conflict wishing to use the underwater acoustic identification signal de- scribed above shall inform the
p.000118: Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm
p.000118: the frequency to be em- ployed.
p.000118: 4. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic
p.000118: system for the identification of medical vehicles, and medical ships and craft.
p.000118:
p.000118: 98 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: RESOLUTION 18
p.000118: Use of visual signalling for identification of medical transports protected under the Geneva Conventions of 1949 and
p.000118: under the protocol additional to the Geneva Conventions of 12 august 1949, and relating to the protection of victims of
p.000118: international armed conflicts (Protocol I)
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977,
p.000118:
p.000118: Considering that:
p.000118: a) in order to avoid attacks upon them there is a need for the improved visual identifi- cation of medical
p.000118: transports,
p.000118: b) this Conference has agreed to the use of a flashing blue light as a means of visual iden- tification to be
p.000118: employed only by aircraft exclusively engaged in medical transport,1
p.000118: c) by special agreement, Parties to a conflict may reserve the use of a flashing blue light for the identification of
p.000118: medical vehicles and medical ships and craft, but, in the absence of such agreement, the use of such signals for other
...

p.000118: Radio Conference.
p.000118:
p.000118: Article 9 — Electronic identification
p.000118: 1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chi- cago Convention on
p.000118: International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow
p.000118: the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be
p.000118: es- tablished by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting
p.000118: in agreement or alone, in accordance with procedures to be recom- mended by the International Civil Aviation
p.000118: Organization.
p.000118: 2. Protected medical transports may, for their identification and location, use standard aeronautical radar
p.000118: transponders and/or maritime search and rescue radar transponders.
p.000118:
p.000118: 104 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: It should be possible for protected medical transports to be identified by other vessels or aircraft equipped with
p.000118: secondary surveillance radar by means of a code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the
p.000118: medical transports.
p.000118: The code transmitted by the medical transport transponder should be assigned to that transport by the competent
p.000118: authorities and notified to all the Parties to the conflict.
p.000118: 3. It should be possible for medical transports to be identified by submarines by the ap- propriate underwater
p.000118: acoustic signals transmitted by the medical transports.
p.000118: The underwater acoustic signal shall consist of the call sign (or any other recog- nized means of
p.000118: identification of medical transport) of the ship preceded by the single group YYY transmitted in morse on an
p.000118: appropriate acoustic frequency, e.g. 5kHz.
p.000118: Parties to a conflict wishing to use the underwater acoustic identification signal described above shall inform the
p.000118: Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm
p.000118: the frequency to be employed.
p.000118: 4. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic
p.000118: system for the identification of medical vehicles, and medical ships and craft.
p.000118:
p.000118: Article 10 — Radiocommunications
p.000118: 1. The urgency signal and the distinctive signal provided for in Article 8 may precede ap- propriate
p.000118: radiocommunications by medical units and transports in the application of the procedures carried out under Articles 22,
p.000118: 23 and 25 to 31 of the Protocol.
p.000118: 2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Sec- tion III, No. 3214) of
p.000118: the ITU Radio Regulations may also transmit their communica- tions by satellite systems, in accordance with the
p.000118: provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite Services.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 105
p.000118:
p.000118:
p.000118: RESOLUTION 20
p.000118: Protection of cultural property
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanita- rian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977,
p.000118:
...

Social / Mothers

Searching for indicator mothers:

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p.000118: lists of persons so trained which the High Contracting Parties may have established and may have transmitted
p.000118: to it for that purpose.
p.000118: 4. The conditions governing the employment of such personnel outside the national territory shall, in each case, be
p.000118: the subject of special agree- ments between the Parties concerned.
p.000118:
p.000118: Article 7 — Meetings
p.000118: The depositary of this Protocol shall convene a meeting of the High Con- tracting Parties, at the request of one or
p.000118: more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems
p.000118: concerning the application of the Conventions and of the Protocol.
p.000118:
p.000118:
p.000118: PART II
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118:
p.000118: SECTION I
p.000118: General protection
p.000118: Article 8 — Terminology
p.000118: For the purposes of this Protocol:
p.000118: a) “wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical
p.000118: or mental disor- der or disability, are in need of medical assistance or care and who refrain from any act of
p.000118: hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of
p.000118:
p.000118: 14 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: immediate medical assistance or care, such as the infirm or expect- ant mothers, and who refrain from any act of
p.000118: hostility;
p.000118: b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a
p.000118: result of misfortune affect- ing them or the vessel or aircraft carrying them and who refrain from any act of
p.000118: hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be
p.000118: considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
p.000118: c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes
p.000118: enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of
p.000118: medical transports. Such assign- ments may be either permanent or temporary. The term includes:
p.000118: i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the
p.000118: First and Second Conventions, and those assigned to civil defence organizations;
p.000118: ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national
p.000118: voluntary aid socie- ties duly recognized and authorized by a Party to the conflict;
p.000118: iii) medical personnel of medical units or medical transports des- cribed in Article 9, paragraph 2;
...

p.000118: Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
p.000118:
p.000118: Article 69 — basic needs in occupied territories
p.000118: 1. In addition to the duties specified in Article 55 of the Fourth Conven- tion concerning food and medical
p.000118: supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse
p.000118: distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival
p.000118: of the civilian population of the occupied territory and objects necessary for religious worship.
p.000118: 2. Relief actions for the benefit of the civilian population of occupied ter- ritories are governed by Articles 59,
p.000118: 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be
p.000118: implemented without delay.
p.000118:
p.000118: Article 70 — Relief actions
p.000118: 1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied
p.000118: territory, is not adequately provid- ed with the supplies mentioned in Article 69, relief actions which are
p.000118: humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to
p.000118: the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as
p.000118: interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be
p.000118: given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth
p.000118: Convention or under this Protocol, are to be accorded privileged treatment or special protection.
p.000118: 2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded
p.000118: passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such
p.000118: assistance is destined for the civilian population of the ad- verse Party.
p.000118: 3. The Parties to the conflict and each High Contracting Party which al- low the passage of relief consignments,
p.000118: equipment and personnel in accordance with paragraph 2:
p.000118:
p.000118: 52 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) shall have the right to prescribe the technical arrangements, includ- ing search, under which such passage is
p.000118: permitted;
p.000118: b) may make such permission conditional on the distribution of this as- sistance being made under the local
p.000118: supervision of a Protecting Power;
p.000118: c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay
p.000118: their forwarding, ex- cept in cases of urgent necessity in the interest of the civilian popu- lation concerned.
p.000118: 4. The Parties to the conflict shall protect relief consignments and facili- tate their rapid distribution.
p.000118: 5. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective
...

p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
p.000118: 56 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: which they are accused constitute grave breaches of the Conven- tions or of this Protocol.
p.000118: 8. No provision of this Article may be construed as limiting or infring- ing any other more favourable provision
p.000118: granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
p.000118:
p.000118: CHAPTER II
p.000118: Measures in favour of women and children
p.000118: Article 76 — Protection of women
p.000118: 1. Women shall be the object of special respect and shall be protected in particular against rape, forced
p.000118: prostitution and any other form of inde- cent assault.
p.000118: 2. Pregnant women and mothers having dependent infants who are ar- rested, detained or interned for reasons related
p.000118: to the armed conflict, shall have their cases considered with the utmost priority.
p.000118: 3. To the maximum extent feasible, the Parties to the conflict shall en- deavour to avoid the pronouncement of the
p.000118: death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The
p.000118: death penalty for such offences shall not be executed on such women.
p.000118:
p.000118: Article 77 — Protection of children
p.000118: 1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The
p.000118: Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any
p.000118: other reason.
p.000118: 2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the
p.000118: age of fifteen years do not take a di- rect part in hostilities and, in particular, they shall refrain from recruit-
p.000118: ing them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who
p.000118: have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
p.000118: are oldest.
p.000118: 3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of
...

p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
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Social / Occupation

Searching for indicator occupation:

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p.000118: construed as legitimizing or autho- rizing any act of aggression or any other use of force inconsistent with the
p.000118: Charter of the United Nations,
p.000118:
p.000118: Reaffirming further that the provisions of the Geneva Conventions of 12 Au- gust 1949 and of this Protocol must be
p.000118: fully applied in all circumstances to all persons who are protected by those instruments, without any adverse dis-
p.000118: tinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties
p.000118: to the conflict,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 10 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: GENERAL PROVISIONS
p.000118: Article 1 — General principles and scope of application
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. In cases not covered by this Protocol or by other international agree- ments, civilians and combatants remain
p.000118: under the protection and au- thority of the principles of international law derived from established custom, from the
p.000118: principles of humanity and from the dictates of pub- lic conscience.
p.000118: 3. This Protocol, which supplements the Geneva Conventions of 12 Au- gust 1949 for the protection of war victims,
p.000118: shall apply in the situations referred to in Article 2 common to those Conventions.
p.000118: 4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting
p.000118: against colonial domination and alien occupation and against racist régimes in the exercise of their right of
p.000118: self-determination, as enshrined in the Charter of the United Na- tions and the Declaration on Principles of
p.000118: International Law concern- ing Friendly Relations and Co-operation among States in accordance with the Charter of the
p.000118: United Nations.
p.000118:
p.000118: Article 2 — Definitions
p.000118: For the purposes of this Protocol:
p.000118: a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva
p.000118: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
p.000118: 1949; the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
p.000118: Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949;
p.000118: the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War of 12 August 1949; “the
p.000118: Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
p.000118: b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth
p.000118: in international agree- ments to which the Parties to the conflict are Parties and the gener- ally recognized
p.000118: principles and rules of international law which are applicable to armed conflict;
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 11
p.000118:
p.000118:
p.000118: c) “Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party
p.000118: to the conflict and accepted by the adverse Party and has agreed to carry out the func- tions assigned to a Protecting
p.000118: Power under the Conventions and this Protocol;
p.000118: d) “substitute” means an organization acting in place of a Protecting Power in accordance with Article 5.
p.000118:
p.000118: Article 3 — beginning and end of application
p.000118: Without prejudice to the provisions which are applicable at all times:
p.000118: a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this
p.000118: Protocol;
p.000118: b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict,
p.000118: on the general close of military operations and, in the case of occupied territories, on the termination of the
p.000118: occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment
p.000118: takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of
p.000118: this Protocol until their final release, repatriation or re-establishment.
p.000118:
p.000118: Article 4 — Legal status of the Parties to the conflict
p.000118: The application of the Conventions and of this Protocol, as well as the con- clusion of the agreements provided for
p.000118: therein, shall not affect the legal sta- tus of the Parties to the conflict. Neither the occupation of a territory nor
p.000118: the application of the Conventions and this Protocol shall affect the legal status of the territory in question.
p.000118:
p.000118: Article 5 — Appointment of Protecting Powers and of their substitute
p.000118: 1. It is the duty of the Parties to a conflict from the beginning of that con- flict to secure the supervision and
p.000118: implementation of the Conventions and of this Protocol by the application of the system of Protecting Pow- ers,
p.000118: including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs.
p.000118: Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.
p.000118: 2. From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay
p.000118: designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, like- wise
p.000118: without delay and for the same purpose, permit the activities of a
p.000118:
p.000118: 12 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Protecting Power which has been accepted by it as such after designa- tion by the adverse Party.
p.000118: 3. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in
p.000118: Article 1, the International Com- mittee of the Red Cross, without prejudice to the right of any other impartial
p.000118: humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a
p.000118: view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that
...

p.000118: conflict.
p.000118:
p.000118: SECTION III
p.000118: MISSING AND DEAD PERSONS
p.000118: Article 32 — General principle
p.000118: In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict
p.000118: and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted
p.000118: mainly by the right of families to know the fate of their relatives.
p.000118:
p.000118: 28 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 33 — Missing persons
p.000118: 1. As soon as circumstances permit, and at the latest from the end of ac- tive hostilities, each Party to the
p.000118: conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party
p.000118: shall transmit all relevant information concerning such persons in order to facilitate such searches.
p.000118: 2. In order to facilitate the gathering of information pursuant to the pre- ceding paragraph, each Party to the
p.000118: conflict shall, with respect to per- sons who would not receive more favourable consideration under the Conventions and
p.000118: this Protocol:
p.000118: a) record the information specified in Article 138 of the Fourth Con- vention in respect of such persons who have
p.000118: been detained, impris- oned or otherwise held in captivity for more than two weeks as a re- sult of hostilities or
p.000118: occupation, or who have died during any period of detention;
p.000118: b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of
p.000118: information concerning such per- sons if they have died in other circumstances as a result of hostili- ties or
p.000118: occupation.
p.000118: 3. Information concerning persons reported missing pursuant to para- graph 1 and requests for such information
p.000118: shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International
p.000118: Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is
p.000118: not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the
p.000118: conflict shall ensure that such information is also supplied to the Central Tracing Agency.
p.000118: 4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and
p.000118: recover the dead from battlefied areas, including arrangements, if appropriate, for such teams to be accompa- nied by
p.000118: personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of
p.000118: such teams shall be respected and protected while exclusively carrying out these duties.
p.000118:
p.000118: Article 34 — Remains of deceased
p.000118: 1. The remains of persons who have died for reasons related to occupa- tion or in detention resulting from
p.000118: occupation or hostilities and those of persons not nationals of the country in which they have died as a result of
p.000118: hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as
p.000118: provided for in
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 29
p.000118:
p.000118:
p.000118: Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration
p.000118: under the Conven- tions and this Protocol.
p.000118: 2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in
p.000118: whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result
p.000118: of hostilities or during occupation or in detention are situated, shall conclude agreements in order:
p.000118: a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves
p.000118: registration services and to reg- ulate the practical arrangements for such access;
p.000118: b) to protect and maintain such gravesites permanently;
p.000118: c) to facilitate the return of the remains of the deceased and of per- sonal effects to the home country upon its
p.000118: request or, unless that country objects, upon the request of the next of kin.
p.000118: 3. In the absence of the agreements provided for in paragraph 2 b) or c) and if the home country of such deceased
p.000118: is not willing to arrange at its expense for the maintenance of such gravesites, the High Contract- ing Party in whose
p.000118: territory the gravesites are situated may offer to fa- cilitate the return of the remains of the deceased to the home
p.000118: country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from
p.000118: the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws
p.000118: relating to cemeteries and graves.
p.000118: 4. A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be
...

p.000118: 5. No provision of this Article may be construed as authorizing any at- tacks against the civilian population,
p.000118: civilians or civilian objects.
p.000118:
p.000118: Article 58 — Precautions against the effects of attacks
p.000118: The Parties to the conflict shall, to the maximum extent feasible:
p.000118: a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual
p.000118: civilians and civilian objects under their control from the vicinity of military objectives;
p.000118: b) avoid locating military objectives within or near densely populated areas;
p.000118: c) take the other necessary precautions to protect the civilian popula- tion, individual civilians and civilian
p.000118: objects under their control against the dangers resulting from military operations.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 43
p.000118:
p.000118:
p.000118: CHAPTER V
p.000118: Localities and zones under special protection
p.000118: Article 59 — Non-defended localities.
p.000118: 1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.
p.000118: 2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited
p.000118: place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a
p.000118: locality shall fulfil the following conditions:
p.000118: a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
p.000118: b) no hostile use shall be made of fixed military installations or estab- lishments;
p.000118: c) no acts of hostility shall be committed by the authorities or by the population; and
p.000118: d) no activities in support of military operations shall be undertaken.
p.000118: 3. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of
p.000118: police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down
p.000118: in paragraph 2.
p.000118: 4. The declaration made under paragraph 2 shall be addressed to the ad- verse Party and shall define and describe,
p.000118: as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration
p.000118: is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the
p.000118: conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party
p.000118: making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue
...

p.000118: has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been
p.000118: communicated to the depositary by not less than one third of the High Contracting Parties.
p.000118: 5. An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months
p.000118: after its acceptance for all High Contracting Parties other than those which have made a decla- ration of
p.000118: non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and
p.000118: the amend- ment shall then enter into force for that Party three months thereafter.
p.000118: 6. The depositary shall notify the High Contracting Parties and the Par- ties to the Conventions of the entry into
p.000118: force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of
p.000118: declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.
p.000118:
p.000118: Article 99 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the de- nunciation shall only take effect one
p.000118: year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is
p.000118: engaged in one of the situations referred to in Article 1, the de- nunciation shall not take effect before the end of
p.000118: the armed conflict or occupation and not, in any case, before operations connected with the
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 69
p.000118:
p.000118:
p.000118: final release, repatriation or re-establishment of the persons protected by the Conventions or this Protocol have been
p.000118: terminated.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118: 3. The denunciation shall have effect only in respect of the denouncing Party.
p.000118: 4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed
p.000118: conflict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes
p.000118: effective.
p.000118:
p.000118: Article 100 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they
p.000118: are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93
p.000118: and 94;
p.000118: b) the date of entry into force of this Protocol under Article 95;
p.000118: c) communications and declarations received under Articles 84, 90 and 97;
p.000118: d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and
p.000118: e) denunciations under Article 99.
p.000118:
p.000118: Article 101 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the deposi- tary to the Secretariat of the
...

p.000118: supplemented by this Protocol.
p.000118: 2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain
p.000118: bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the
p.000118: Parties which are not bound by it, if the latter accepts and applies the provisions thereof.
p.000118:
p.000118: Article 13 — Amendment
p.000118: 1. Any High Contracting Party may propose amendments to this Proto- col. The text of any proposed amendment shall
p.000118: be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the
p.000118: International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies,
p.000118: whether a conference should be convened to consider the proposed amendment.
p.000118: 2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the
p.000118: Geneva Conventions, whether or not they are signatories of this Protocol.
p.000118:
p.000118: Article 14 — Denunciation
p.000118: 1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year
p.000118: after receipt of the instru- ment of denunciation. If, however, on the expiry of that year the de- nouncing Party is
p.000118: engaged in a situation of armed conflict or occupa-
p.000118:
p.000118: 118 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: tion, the denunciation shall not take effect before the end of the armed conflict or occupation.
p.000118: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
p.000118: Contracting Parties.
p.000118: 3. The denunciation shall have effect only in respect of the denouncing Party.
p.000118: 4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed
p.000118: conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this
p.000118: denunciation becomes effective.
p.000118:
p.000118: Article 15 — Notifications
p.000118: The depositary shall inform the High Contracting Parties as well as the Par- ties to the Geneva Conventions, whether or
p.000118: not they are signatories of this Protocol, of:
p.000118: a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 8,
p.000118: 9 and 10;
p.000118: b) the date of entry into force of this Protocol under Article 11 within ten days of said entry into force;
p.000118: c) communications received under Article 13;
p.000118: d) denunciations under Article 14.
p.000118:
p.000118: Article 16 — Registration
p.000118: 1. After its entry into force, this Protocol shall be transmitted by the de- positary to the Secretariat of the
p.000118: United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
p.000118: 2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and
p.000118: denunciations received by it with re- spect to this Protocol.
p.000118:
p.000118: Article 17 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Geneva Conventions.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 119
p.000118:
p.000118:
p.000118: ANNEX
p.000118: THIRD PROTOCOL EMbLEM
p.000118: (Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)
p.000118:
p.000118: Article 1 — Distinctive emblem
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Social / Police Officer

Searching for indicator police:

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p.000118: objects under their control against the dangers resulting from military operations.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 43
p.000118:
p.000118:
p.000118: CHAPTER V
p.000118: Localities and zones under special protection
p.000118: Article 59 — Non-defended localities.
p.000118: 1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.
p.000118: 2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited
p.000118: place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a
p.000118: locality shall fulfil the following conditions:
p.000118: a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
p.000118: b) no hostile use shall be made of fixed military installations or estab- lishments;
p.000118: c) no acts of hostility shall be committed by the authorities or by the population; and
p.000118: d) no activities in support of military operations shall be undertaken.
p.000118: 3. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of
p.000118: police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down
p.000118: in paragraph 2.
p.000118: 4. The declaration made under paragraph 2 shall be addressed to the ad- verse Party and shall define and describe,
p.000118: as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration
p.000118: is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the
p.000118: conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party
p.000118: making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue
p.000118: to enjoy the protection provided by the other provisions of this Protocol and the other rules of international
p.000118: law applicable in armed conflict.
p.000118: 5. The Parties to the conflict may agree on the establishment of non-defended localities even
p.000118: if such localities do not fulfil the con- ditions laid down in paragraph 2. The agreement should define and
p.000118: describe, as precisely as possible, the limits of the non-defended local- ity; if necessary, it may lay down the
p.000118: methods of supervision.
p.000118: 6. The Party which is in control of a locality governed by such an agree- ment shall mark it, so far as possible,
p.000118: by such signs as may be agreed
p.000118:
p.000118: 44 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
...

p.000118: conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement.
p.000118: 2. The agreement shall be an express agreement, may be concluded ver- bally or in writing, either directly or
p.000118: through a Protecting Power or any impartial humanitarian organization, and may consist of recipro- cal and concordant
p.000118: declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should
p.000118: define and describe, as precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the
p.000118: methods of supervision.
p.000118: 3. The subject of such an agreement shall normally be any zone which fulfils the following conditions:
p.000118: a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
p.000118: b) no hostile use shall be made of fixed military installations or estab- lishments;
p.000118: c) no acts of hostility shall be committed by the authorities or by the population; and
p.000118: d) any activity linked to the military effort must have ceased.
p.000118: The Parties to the conflict shall agree upon the interpretation to be giv- en to the condition laid down in
p.000118: sub-paragraph d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4.
p.000118: 4. The presence, in this zone, of persons specially protected under the Conventions and this Protocol,
p.000118: and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid
p.000118: down in paragraph 3.
p.000118: 5. The Party which is in control of such a zone shall mark it, so far as pos- sible, by such signs as may be agreed
p.000118: upon with the other Party, which
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 45
p.000118:
p.000118:
p.000118: shall be displayed where they are clearly visible, especially on its perim- eter and limits and on highways.
p.000118: 6. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of
p.000118: them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.
p.000118: 7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the
p.000118: other Party shall be released from its obligations under the agreement conferring upon the zone the status of
p.000118: demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection
p.000118: provided by the other provi- sions of this Protocol and the other rules of international law applicable in armed
p.000118: conflict.
p.000118:
p.000118: CHAPTER VI
p.000118: Civil defence
p.000118: Article 61 — Definitions and scope
p.000118: For the purposes of this Protocol:
p.000118: a) “civil defence” means the performance of some or all of the under- mentioned humanitarian tasks intended to
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Social / Presence of Coercion

Searching for indicator coerce:

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p.000118: provisions of this Protocol, partic- ularly the provisions of this Section. They shall be entitled to perform their
p.000118: civil defence tasks except in case of imperative military necessity.
p.000118: 2. The provisions of paragraph 1 shall also apply to civilians who, al- though not members of civilian
p.000118: civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under
p.000118: their control.
p.000118: 3. Buildings and matériel used for civil defence purposes and shelters pro- vided for the civilian population are
p.000118: covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use
p.000118: except by the Party to which they belong.
p.000118:
p.000118: Article 63 — Civil defence in occupied territories
p.000118: 1. In occupied territories, civilian civil defence organizations shall receive from the authorities the
p.000118: facilities necessary for the performance of their tasks. In no circumstances shall their personnel be compelled to
p.000118: perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not
p.000118: change the structure or personnel of such organizations in any way which might jeopardize the
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 47
p.000118:
p.000118:
p.000118: efficient performance of their mission. These organizations shall not be required to give priority to the nationals or
p.000118: interests of that Power.
p.000118: 2. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their
p.000118: tasks in any manner prejudicial to the interests of the civilian population.
p.000118: 3. The Occupying Power may disarm civil defence personnel for reasons of security.
p.000118: 4. The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging
p.000118: to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.
p.000118: 5. Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or
p.000118: divert these resources, subject to the following particular conditions:
p.000118: a) that the buildings or matériel are necessary for other needs of the civilian population; and
p.000118: b) that the requisition or diversion continues only while such necessity exists.
p.000118: 6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the
p.000118: civilian population or needed by such population.
p.000118:
p.000118: Article 64 — Civilian civil defence organizations
p.000118: of neutral or other States not Parties to the conflict and international co-ordinating organizations
p.000118: 1. Articles 62, 63, 65 and 66 shall also apply to the personnel and maté- riel of civilian civil defence
p.000118: organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in
p.000118: Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party.
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Social / Property Ownership

Searching for indicator home:

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p.000118:
p.000118: Article 34 — Remains of deceased
p.000118: 1. The remains of persons who have died for reasons related to occupa- tion or in detention resulting from
p.000118: occupation or hostilities and those of persons not nationals of the country in which they have died as a result of
p.000118: hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as
p.000118: provided for in
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 29
p.000118:
p.000118:
p.000118: Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration
p.000118: under the Conven- tions and this Protocol.
p.000118: 2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in
p.000118: whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result
p.000118: of hostilities or during occupation or in detention are situated, shall conclude agreements in order:
p.000118: a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves
p.000118: registration services and to reg- ulate the practical arrangements for such access;
p.000118: b) to protect and maintain such gravesites permanently;
p.000118: c) to facilitate the return of the remains of the deceased and of per- sonal effects to the home country upon its
p.000118: request or, unless that country objects, upon the request of the next of kin.
p.000118: 3. In the absence of the agreements provided for in paragraph 2 b) or c) and if the home country of such deceased
p.000118: is not willing to arrange at its expense for the maintenance of such gravesites, the High Contract- ing Party in whose
p.000118: territory the gravesites are situated may offer to fa- cilitate the return of the remains of the deceased to the home
p.000118: country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from
p.000118: the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws
p.000118: relating to cemeteries and graves.
p.000118: 4. A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be
p.000118: permitted to exhume the remains only:
p.000118: a) in accordance with paragraphs 2 c) and 3, or
p.000118: b) where exhumation is a matter of overriding public necessity, includ- ing cases of medical and investigative
p.000118: necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to
p.000118: the home country of its intention to exhume the remains together with details of the intended place of reinterment.
p.000118:
p.000118: 30 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART III
p.000118: METHODS AND MEANS OF WARFARE COMbATANT AND PRISONER-OF-WAR STATUS
p.000118:
p.000118: SECTION I
p.000118: Methods and means of warfare
p.000118: Article 35 — basic rules
p.000118: 1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not
p.000118: unlimited.
p.000118: 2. It is prohibited to employ weapons, projectiles and material and meth- ods of warfare of a nature to cause
p.000118: superfluous injury or unnecessary suffering.
p.000118: 3. It is prohibited to employ methods or means of warfare which are in- tended, or may be expected, to cause
p.000118: widespread, long-term and severe damage to the natural environment.
p.000118:
p.000118: Article 36 — New weapons
p.000118: In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting
p.000118: Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by
p.000118: this Protocol or by any other rule of international law applica- ble to the High Contracting Party.
p.000118:
p.000118: Article 37 — Prohibition of perfidy
p.000118: 1. It is prohibited to kill, injure or capture an adversary by resort to per- fidy. Acts inviting the confidence of
p.000118: an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of
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Searching for indicator property:

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p.000092: Article 26 Notifications
p.000093: 93
p.000093: Article 27 Registration
p.000093: 93
p.000093: Article 28 Authentic texts 93
p.000093:
p.000093:
p.000093:
p.000093: RESOLUTIONS
p.000093: ADOPTED AT THE FOURTH SESSION OF THE DIPLOMATIC CONFERENCE
p.000093: Resolution 17 Use of certain electronic and visual means of identification by medical aircraft protected under the
p.000093: Geneva Conventions of 1949 and under the protocol additional to the Geneva Conventions
p.000093: of 12 august 1949, and relating to the protection of victims international armed conflicts (Protocol I)
p.000095: 95
p.000095: Resolution 18 Use of visual signalling for identification of medical transports protected under the Geneva Conventions
p.000095: of 1949 and under the protocol additional to the Geneva Conventions of 12 august 1949, and relating to the protection
p.000095: of victims of international
p.000095: armed conflicts (Protocol I) 98
p.000095: Resolution 19 Use of radiocommunications for announcing and identifying medical transports protected under the Geneva
p.000095: Conventions of 1949 and under the protocol additional to the Geneva Conventions of 12 august 1949, and relating to the
p.000095: protection
p.000095: of victims international armed conflicts (Protocol i) 101
p.000095: Resolution 20 Protection of cultural property 105
p.000095: Resolution 21 Dissemination of knowledge of International Humanitarian
p.000095: Law applicable in armed conflicts 106
p.000095: Resolution 22 Follow-up regarding prohibition or restriction of use
p.000095: of certain conventional weapons 108
p.000095: Resolution 24 Expression of gratitude to the host country 110
p.000095: FINAL ACT OF THE DIPLOMATIC CONFERENCE OF GENEvA OF 1974-1977 111
p.000095:
p.000095: 8 CONTENTS
p.000095:
p.000095:
p.000095:
p.000095:
p.000095: PROTOCOL ADDITIONAL
p.000095: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE ADOPTION OF AN ADDITIONAL
p.000095: DISTINCTIVE EMbLEM (PROTOCOL III), OF 8 DECEMbER 2005
p.000095: Preamble
p.000113: 113
p.000113: Article 1 Respect for and scope of application of this Protocol 114
p.000113: Article 2 Distinctive emblems 114
p.000113: Article 3 Indicative use of the third Protocol emblem 115
p.000113: Article 4 International Committee of the Red Cross and International Federation of Red Cross and Red Crescent
p.000113: Societies 115
p.000113: Article 5 Missions under United Nations auspices 116
p.000113: Article 6 Prevention and repression of misuse 116
p.000113: Article 7 Dissemination 116
p.000113: Article 8 Signature
p.000116: 116
p.000116: Article 9 Ratification
p.000116: 116
...

p.000118: international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The
p.000118: following acts are exam- ples of perfidy:
p.000118: a) the feigning of an intent to negotiate under a flag of truce or of a surrender;
p.000118: b) the feigning of an incapacitation by wounds or sickness;
p.000118: c) the feigning of civilian, non-combatant status; and
p.000118: d) the feigning of protected status by the use of signs, emblems or uni- forms of the United Nations or of neutral or
p.000118: other States not Parties to the conflict.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 31
p.000118:
p.000118:
p.000118: 2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him
p.000118: to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not
p.000118: perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The
p.000118: following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.
p.000118:
p.000118: Article 38 — Recognized emblems
p.000118: 1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and
p.000118: sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to
p.000118: misuse deliberately in an armed conflict other interna- tionally recognized protective emblems, signs or signals,
p.000118: including the flag of truce, and the protective emblem of cultural property.
p.000118: 2. It is prohibited to make use of the distinctive emblem of the United Na- tions, except as authorized by that
p.000118: Organization.
p.000118:
p.000118: Article 39 — Emblems of nationality
p.000118: 1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of
p.000118: neutral or other States not Parties to the conflict.
p.000118: 2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while
p.000118: engaging in attacks or in order to shield, favour, protect or impede military operations.
p.000118: 3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing generally recognized rules
p.000118: of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
p.000118:
p.000118: Article 40 — Quarter
p.000118: It is prohibited to order that there shall be no survivors, to threaten an ad- versary therewith or to conduct
p.000118: hostilities on this basis.
p.000118:
p.000118: Article 41 — Safeguard of an enemy hors de combat
p.000118: 1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be
p.000118: made the object of attack.
p.000118: 2. A person is hors de combat if:
p.000118: a) he is in the power of an adverse Party;
p.000118:
p.000118: 32 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: b) he clearly expresses an intention to surrender; or
...

p.000118: Civilian objects
p.000118: Article 52 — General protection of civilian objects
p.000118: 1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are
p.000118: not military objectives as defined in paragraph 2.
p.000118: 2. Attacks shall be limited strictly to military objectives. In so far as ob- jects are concerned, military
p.000118: objectives are limited to those objects which by their nature, location, purpose or use make an effective con-
p.000118: tribution to military action and whose total or partial destruction, cap- ture or neutralization, in the circumstances
p.000118: ruling at the time, offers a definite military advantage.
p.000118: 3. In case of doubt whether an object which is normally dedicated to ci- vilian purposes, such as a place of
p.000118: worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it
p.000118: shall be presumed not to be so used.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 39
p.000118:
p.000118:
p.000118: Article 53 — Protection of cultural objects and of places of wor- ship
p.000118: Without prejudice to the provisions of the Hague Convention for the Pro- tection of Cultural Property in the Event of
p.000118: Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:
p.000118: a) to commit any acts of hostility directed against the historic monu- ments, works of art or places of worship which
p.000118: constitute the cul- tural or spiritual heritage of peoples;
p.000118: b) to use such objects in support of the military effort;
p.000118: c) to make such objects the object of reprisals.
p.000118:
p.000118: Article 54 — Protection of objects indispensable to the survival of the civilian population
p.000118: 1. Starvation of civilians as a method of warfare is prohibited.
p.000118: 2. It is prohibited to attack, destroy, remove or render useless objects in- dispensable to the survival of the
p.000118: civilian population, such as food- stuffs, agricultural areas for the production of foodstuffs, crops, live- stock,
p.000118: drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their
p.000118: sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve
p.000118: out civilians, to cause them to move away, or for any other motive.
p.000118: 3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse
p.000118: Party:
p.000118: a) as sustenance solely for the members of its armed forces; or
p.000118: b) if not as sustenance, then in direct support of military action, pro- vided, however, that in no event shall
...

p.000118: 3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part
p.000118: in hostilities.
p.000118:
p.000118: Article 14 — Protection of objects indispensable to the survival of the civilian population
p.000118: Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or
p.000118: render useless, for that purpose, ob- jects indispensable to the survival of the civilian population, such as food-
p.000118: stuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and
p.000118: supplies and irrigation works.
p.000118:
p.000118: Article 15 — Protection of works and installations containing dangerous forces
p.000118: Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations,
p.000118: shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the
p.000118: release of dangerous forces and consequent severe losses among the civilian population.
p.000118:
p.000118: Article 16 — Protection of cultural objects and of places of worship
p.000118: Without prejudice to the provisions of the Hague Convention for the Protec- tion of Cultural Property in the Event of
p.000118: Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monu- ments,
p.000118: works of art or places of worship which constitute the cultural or spir- itual heritage of peoples, and to use them in
p.000118: support of the military effort.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 91
p.000118:
p.000118:
p.000118: Article 17 — Prohibition of forced movement of civilians
p.000118: 1. The displacement of the civilian population shall not be ordered for rea- sons related to the conflict unless
p.000118: the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be
p.000118: carried out, all possible measures shall be taken in order that the civilian population may be received under
p.000118: satisfactory conditions of shelter, hygiene, health, safety and nutrition.
p.000118: 2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.
p.000118:
p.000118: Article 18 — Relief societies and relief actions
p.000118: 1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red
p.000118: Lion and Sun) organizations, may offer their services for the performance of their traditional func- tions in relation
p.000118: to the victims of the armed conflict. The civilian popu- lation may, even on its own initiative, offer to collect and
p.000118: care for the wounded, sick and shipwrecked.
...

p.000118: The underwater acoustic signal shall consist of the call sign (or any other recog- nized means of
p.000118: identification of medical transport) of the ship preceded by the single group YYY transmitted in morse on an
p.000118: appropriate acoustic frequency, e.g. 5kHz.
p.000118: Parties to a conflict wishing to use the underwater acoustic identification signal described above shall inform the
p.000118: Parties concerned of the signal as soon as possible, and shall, when notifying the use of their hospital ships, confirm
p.000118: the frequency to be employed.
p.000118: 4. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic
p.000118: system for the identification of medical vehicles, and medical ships and craft.
p.000118:
p.000118: Article 10 — Radiocommunications
p.000118: 1. The urgency signal and the distinctive signal provided for in Article 8 may precede ap- propriate
p.000118: radiocommunications by medical units and transports in the application of the procedures carried out under Articles 22,
p.000118: 23 and 25 to 31 of the Protocol.
p.000118: 2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Sec- tion III, No. 3214) of
p.000118: the ITU Radio Regulations may also transmit their communica- tions by satellite systems, in accordance with the
p.000118: provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite Services.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 105
p.000118:
p.000118:
p.000118: RESOLUTION 20
p.000118: Protection of cultural property
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanita- rian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977,
p.000118:
p.000118: Welcoming the adoption of Article 53 relating to the protection of cultural objects and places of worship as defined in
p.000118: the said Article, contained in the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I),
p.000118:
p.000118: Acknowledging that the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its
p.000118: Additional Protocol, signed at The Hague on 14 May 1954, consti- tutes an instrument of paramount importance for the
p.000118: international protection of the cultural heritage of all mankind against the effects of armed conflict and that the
p.000118: application of this Convention will in no way be prejudiced by the adoption of the Article referred to in the preceding
p.000118: paragraph,
p.000118:
p.000118: Urges States which have not yet done so to become Parties to the aforementioned Convention.
p.000118:
p.000118: Fifty-fifth plenary meeting
p.000118: 7 June 1977
p.000118:
p.000118: 106 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: RESOLUTION 21
p.000118: Dissemination of knowledge of International Humanitarian Law applicable in armed conflicts
p.000118:
p.000118: The Diplomatic Conference on the Reaffirmation and Development of International Humanita- rian Law Applicable in Armed
p.000118: Conflicts, Geneva, 1974-1977,
p.000118:
p.000118: Convinced that a sound knowledge of international humanitarian law is an essential factor for its effective
p.000118: application,
p.000118:
p.000118: Confident that widespread knowledge of that law will contribute to the promotion of humani- tarian ideals and a spirit
p.000118: of peace among nations,
p.000118: 1. Reminds the High Contracting Parties that under the four Geneva Conventions of 1949 they have
p.000118: undertaken to disseminate knowledge of those Conventions as widely as possible, and that the Protocols adopted by the
p.000118: Conference reaffirm and extend that obligation;
p.000118: 2. Invites the signatory States to take all appropriate measures to ensure that knowledge of international
...

Social / Racial Minority

Searching for indicator race:

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p.000118: conflict;
p.000118: h) “medical vehicles” means any medical transports by land;
p.000118: i) “medical ships and craft” means any medical transports by water;
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
...

p.000118: rights during international armed conflict.
p.000118:
p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
...

p.000118: principles of humanity and the dictates of the public conscience,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 84 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: SCOPE OF THIS PROTOCOL
p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
...

Searching for indicator racial:

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p.000118: such attack will cause excessive loss of life, injury to civilians or damage to civilian ob- jects, as defined in
p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
p.000118: 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following
p.000118: shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions
p.000118: or the Protocol:
p.000118:
p.000118: 62 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: a) the transfer by the Occupying Power of parts of its own civilian popu- lation into the territory it occupies, or
p.000118: the deportation or transfer of all or parts of the population of the occupied territory within or out- side this
p.000118: territory, in violation of Article 49 of the Fourth Convention;
p.000118: b) unjustifiable delay in the repatriation of prisoners of war or civilians;
p.000118: c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based
p.000118: on racial discrimi- nation;
p.000118: d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural
p.000118: or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example,
p.000118: within the framework of a competent international organization, the object of attack, causing as a result extensive
p.000118: destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53,
p.000118: sub-paragraph b), and when such historic monuments, works of art and places of worship are not located in the immediate
p.000118: proximity of military objectives;
p.000118: e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of
p.000118: fair and regular trial.
p.000118: 5. Without prejudice to the application of the Conventions and of this Proto- col, grave breaches of these
p.000118: instruments shall be regarded as war crimes.
p.000118:
p.000118: Article 86 — Failure to act
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall re- press grave breaches, and take measures
p.000118: necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act
p.000118: when under a duty to do so.
p.000118: 2. The fact that a breach of the Conventions or of this Protocol was com- mitted by a subordinate does not absolve
p.000118: his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had in- formation which
...

p.000118:
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 113
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL
p.000118: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE ADOPTION
p.000118: OF AN ADDITIONAL DISTINCTIVE EMbLEM
p.000118: (PROTOCOL III), OF 8 DECEMbER 2005
p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: (PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44
p.000118: of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular
p.000118: Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Pro- tocol II), concerning the use of
p.000118: distinctive emblems,
p.000118:
p.000118: (PP2) Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal
p.000118: character,
p.000118:
p.000118: (PP3) Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to
p.000118: use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable,
p.000118: the Protocols additional thereto,
p.000118:
p.000118: (PP4) Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the
p.000118: Protocols additional thereto derives from their protected status under international law and is not dependent on use of
p.000118: the distinctive emblems, signs or signals,
p.000118:
p.000118: (PP5) Stressing that the distinctive emblems are not intended to have any re- ligious, ethnic, racial, regional or
p.000118: political significance,
p.000118:
p.000118: (PP6) Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems
p.000118: recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto,
p.000118:
p.000118: 114 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: (PP7) Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the
p.000118: indicative use of the distinctive emblems,
p.000118:
p.000118: (PP8) Recalling further that National Societies undertaking activities on the territory of another State must ensure
p.000118: that the emblems they intend to use within the framework of such activities may be used in the country where the
p.000118: activity takes place and in the country or countries of transit,
p.000118:
p.000118: (PP9) Recognizing the difficulties that certain States and National Societies may have with the use of the existing
p.000118: distinctive emblems,
p.000118:
p.000118: (PP10) Noting the determination of the International Committee of the Red Cross, the International Federation of Red
p.000118: Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current
p.000118: names and emblems,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: Article 1 — Respect for and scope of application of this Protocol
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. This Protocol reaffirms and supplements the provisions of the four Ge- neva Conventions of 12 August 1949 (“the
...

Searching for indicator racist:

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p.000118: Charter of the United Nations,
p.000118:
p.000118: Reaffirming further that the provisions of the Geneva Conventions of 12 Au- gust 1949 and of this Protocol must be
p.000118: fully applied in all circumstances to all persons who are protected by those instruments, without any adverse dis-
p.000118: tinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties
p.000118: to the conflict,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 10 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: GENERAL PROVISIONS
p.000118: Article 1 — General principles and scope of application
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. In cases not covered by this Protocol or by other international agree- ments, civilians and combatants remain
p.000118: under the protection and au- thority of the principles of international law derived from established custom, from the
p.000118: principles of humanity and from the dictates of pub- lic conscience.
p.000118: 3. This Protocol, which supplements the Geneva Conventions of 12 Au- gust 1949 for the protection of war victims,
p.000118: shall apply in the situations referred to in Article 2 common to those Conventions.
p.000118: 4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting
p.000118: against colonial domination and alien occupation and against racist régimes in the exercise of their right of
p.000118: self-determination, as enshrined in the Charter of the United Na- tions and the Declaration on Principles of
p.000118: International Law concern- ing Friendly Relations and Co-operation among States in accordance with the Charter of the
p.000118: United Nations.
p.000118:
p.000118: Article 2 — Definitions
p.000118: For the purposes of this Protocol:
p.000118: a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva
p.000118: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August
p.000118: 1949; the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
p.000118: Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949;
p.000118: the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War of 12 August 1949; “the
p.000118: Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
p.000118: b) “rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth
p.000118: in international agree- ments to which the Parties to the conflict are Parties and the gener- ally recognized
p.000118: principles and rules of international law which are applicable to armed conflict;
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 11
p.000118:
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Social / Religion

Searching for indicator belief:

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p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
...

p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
...

p.000118:
p.000118: PART I
p.000118: SCOPE OF THIS PROTOCOL
p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 85
p.000118:
p.000118:
...

Searching for indicator conviction:

(return to top)
p.000118: 118
p.000118: Article 16 Registration
p.000118: 118
p.000118: Article 17 Authentic texts 118
p.000118: ANNEX Third Protocol emblem 119
p.000118: Article 1 Distinctive emblem 119
p.000118: Article 2 Indicative use of the third Protocol emblem 119
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 9
p.000118:
p.000118:
p.000118: PROTOCOL ADDITIONAL
p.000118: TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION
p.000118: OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS
p.000118: (PROTOCOL I), OF 8 JUNE 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PREAMbLE
p.000118: The High Contracting Parties,
p.000118:
p.000118: Proclaiming their earnest wish to see peace prevail among peoples,
p.000118:
p.000118: Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its
p.000118: international relations from the threat or use of force against the sovereignty, territorial integrity or political
p.000118: independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
p.000118:
p.000118: Believing it necessary nevertheless to reaffirm and develop the provisions pro- tecting the victims of armed conflicts
p.000118: and to supplement measures intended to reinforce their application,
p.000118:
p.000118: Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be
p.000118: construed as legitimizing or autho- rizing any act of aggression or any other use of force inconsistent with the
p.000118: Charter of the United Nations,
p.000118:
p.000118: Reaffirming further that the provisions of the Geneva Conventions of 12 Au- gust 1949 and of this Protocol must be
p.000118: fully applied in all circumstances to all persons who are protected by those instruments, without any adverse dis-
p.000118: tinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties
p.000118: to the conflict,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: 10 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: GENERAL PROVISIONS
p.000118: Article 1 — General principles and scope of application
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. In cases not covered by this Protocol or by other international agree- ments, civilians and combatants remain
p.000118: under the protection and au- thority of the principles of international law derived from established custom, from the
p.000118: principles of humanity and from the dictates of pub- lic conscience.
p.000118: 3. This Protocol, which supplements the Geneva Conventions of 12 Au- gust 1949 for the protection of war victims,
p.000118: shall apply in the situations referred to in Article 2 common to those Conventions.
p.000118: 4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting
...

p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
p.000118: the armed conflict except pur- suant to a conviction pronounced by an impartial and regularly con- stituted court
p.000118: respecting the generally recognized principles of regular judicial procedure, which include the following:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be accused or convicted of a criminal offence on ac- count of any act or omission which did not
p.000118: constitute a criminal offence under the national or international law to which he was sub- ject at the time when it was
p.000118: committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence
p.000118: was committed; if, after the commission of the of-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 55
p.000118:
p.000118:
p.000118: fence, provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt;
p.000118: g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to
p.000118: obtain the atten- dance and examination of witnesses on his behalf under the same conditions as witnesses against him;
p.000118: h) no one shall be prosecuted or punished by the same Party for an of- fence in respect of which a final judgement
p.000118: acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
p.000118: i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
p.000118: j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within
p.000118: which they may be exercised.
p.000118: 5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in
p.000118: quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
p.000118: where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as
p.000118: family units.
p.000118: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the
p.000118: protection provided by this Article until final release, repatriation or re-establishment, even after the end of the
p.000118: armed conflict.
p.000118: 7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes
p.000118: against humanity, the follow- ing principles shall apply:
p.000118: a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance
p.000118: with the applicable rules of international law; and
p.000118: b) any such persons who do not benefit from more favourable treat- ment under the Conventions or this Protocol shall
p.000118: be accorded the treatment provided by this Article, whether or not the crimes of
p.000118:
...

p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
p.000118: Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not
p.000118: indicated by the state of health of the person concerned, and which is not consistent with the generally accepted
p.000118: medical stan- dards applied to free persons under similar medical circumstances.
p.000118: 3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for
p.000118: reasons related to the armed con- flict shall be treated humanely in accordance with Article 4 and with paragraphs 1
p.000118: a), c) and d), and 2 b) of this Article.
p.000118: 4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall
p.000118: be taken by those so deciding.
p.000118:
p.000118: Article 6 — Penal prosecutions
p.000118: 1. This Article applies to the prosecution and punishment of criminal of- fences related to the armed conflict.
p.000118: 2. No sentence shall be passed and no penalty shall be executed on a per- son found guilty of an offence except
p.000118: pursuant to a conviction pro- nounced by a court offering the essential guarantees of independence and impartiality. In
p.000118: particular:
p.000118: a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged
p.000118: against him and shall afford the accused before and during his trial all necessary rights and means of defence;
p.000118: b) no one shall be convicted of an offence except on the basis of indi- vidual penal responsibility;
p.000118: c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a
p.000118: criminal offence, under the law, at the time when it was committed; nor shall a heavier pen- alty be imposed than that
p.000118: which was applicable at the time when the criminal offence was committed; if, after the commission of the offence,
p.000118: provision is made by law for the imposition of a lighter pen- alty, the offender shall benefit thereby;
p.000118: d) anyone charged with an offence is presumed innocent until proved guilty according to law;
p.000118:
p.000118: 88 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: e) anyone charged with an offence shall have the right to be tried in his presence;
p.000118: f) no one shall be compelled to testify against himself or to confess guilt.
p.000118: 3. A convicted person shall be advised on conviction of his judicial and other remedies and of the
p.000118: time-limits within which they may be exercised.
p.000118: 4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the
p.000118: offence and shall not be car- ried out on pregnant women or mothers of young children.
p.000118: 5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to
p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
...

Searching for indicator religion:

(return to top)
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
p.000118: c) by an impartial international humanitarian organization.
p.000118:
p.000118: Article 10 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, to whichever Party they be- long, shall be respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medical care and attention required by their condition. There shall be no
p.000118: distinction among them founded on any grounds other than medi- cal ones.
p.000118:
p.000118: Article 11 — Protection of persons
...

p.000118: Article 73 — Refugees and stateless persons
p.000118: Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant
p.000118: international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or
p.000118: State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all
p.000118: circumstances and without any adverse distinction.
p.000118:
p.000118: Article 74 — Reunion of dispersed families
p.000118: The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of
p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
...

p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
p.000118: h) the child’s nationality;
p.000118: i) the child’s native language, and any other languages he speaks;
p.000118: j) the address of the child’s family;
p.000118: k) any identification number for the child;
p.000118: l) the child’s state of health;
p.000118: m) the child’s blood group;
p.000118: n) any distinguishing features;
p.000118: o) the date on which and the place where the child was found;
p.000118: p) the date on which and the place from which the child left the country;
p.000118: q) the child’s religion, if any;
p.000118: r) the child’s present address in the receiving country;
p.000118: s) should the child die before his return, the date, place and circum- stances of death and place of interment.
p.000118:
p.000118: CHAPTER III
p.000118: Journalists
p.000118: Article 79 — Measures of protection for journalists
p.000118: 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as
p.000118: civilians within the meaning of Article 50, paragraph 1.
p.000118: 2. They shall be protected as such under the Conventions and this Proto- col, provided that they take no action
p.000118: adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to
p.000118: the armed forces to the status provided for in Article 4 A
p.000118: 4) of the Third Convention.
p.000118: 3. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be
p.000118: issued by the government of the State of which the journalist is a national or in whose territory he resides or in
p.000118: which the news medium employing him is located, shall attest to his status as a journalist.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 59
p.000118:
p.000118:
p.000118: PART V
p.000118: ExECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
p.000118:
p.000118: SECTION I
p.000118: General provisions
p.000118: Article 80 — Measures for execution
p.000118: 1. The High Contracting Parties and the Parties to the conflict shall with- out delay take all necessary measures
...

p.000118:
p.000118: 84 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART I
p.000118: SCOPE OF THIS PROTOCOL
p.000118: Article 1 — Material field of application
p.000118: 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August
p.000118: 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts which are not
p.000118: covered by Article 1 of the Protocol Additional to the Ge- neva Conventions of 12 August 1949, and relating to the
p.000118: Protection of victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High
p.000118: Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,
p.000118: under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
p.000118: and concerted military operations and to implement this Protocol.
p.000118: 2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and
p.000118: sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
p.000118:
p.000118: Article 2 — Personal field of application
p.000118: 1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion
p.000118: or belief, political or other opin- ion, national or social origin, wealth, birth or other status, or on any other
p.000118: similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as
p.000118: defined in Article 1.
p.000118: 2. At the end of the armed conflict, all the persons who have been de- prived of their liberty or whose liberty has
p.000118: been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is
p.000118: restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of
p.000118: such depriva- tion or restriction of liberty.
p.000118:
p.000118: Article 3 — Non-intervention
p.000118: 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the
p.000118: responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to
p.000118: defend the national unity and territorial integrity of the State.
p.000118: 2. Nothing in this Protocol shall be invoked as a justification for interven- ing, directly or indirectly, for any
p.000118: reason whatever, in the armed con-
p.000118:
...

p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
...

Searching for indicator religious:

(return to top)
p.000010: Article 5 Appointment of Protecting Powers and of their substitute 11
p.000010: Article 6 Qualified persons 13
p.000010: Article 7 Meetings
p.000013: 13
p.000013: PART II
p.000013: WOUNDED, SICk AND SHIPWRECkED 13
p.000013: SECTION I – General protection 13
p.000013: Article 8 Terminology 13
p.000013: Article 9 Field of application 15
p.000013: Article 10 Protection and care 16
p.000013: Article 11 Protection of persons 16
p.000013: Article 12 Protection of medical units 17
p.000013: Article 13 Discontinuance of protection of civilian medical units 17
p.000013: Article 14 Limitations on requisition of civilian medical units 18
p.000013: Article 15 Protection of civilian medical and religious personnel 18
p.000013: Article 16 General protection of medical duties 19
p.000013: Article 17 Role of the civilian population and of aid societies 19
p.000013: Article 18 Identification
p.000020: 20
p.000020: Article 19 Neutral and other States not Parties to the conflict 21
p.000020: Article 20 Prohibition of reprisals 21
p.000020: SECTION II – Medical transportation 21
p.000020: Article 21 Medical vehicles 21
p.000020:
p.000020: 2 CONTENTS
p.000020: Article 22 Hospital ships and coastal rescue craft 21
p.000020: Article 23 Other medical ships and craft 22
p.000020: Article 24 Protection of medical aircraft 23
p.000020: Article 25 Medical aircraft in areas not controlled by an adverse Party 23
p.000020: Article 26 Medical aircraft in contact or similar zones 23
p.000020: Article 27 Medical aircraft in areas controlled by an adverse Party 24
p.000020: Article 28 Restrictions on operations of medical aircraft 24
p.000020: Article 29 Notifications and agreements concerning medical aircraft 25
...

p.000062: PART VI
p.000062: FINAL PROVISIONS 66
p.000062: Article 92 Signature
p.000066: 66
p.000066: Article 93 Ratification
p.000066: 66
p.000066: Article 94 Accession
p.000066: 66
p.000066: Article 95 Entry into force 66
p.000066: Article 96 Treaty relations upon entry into force of this Protocol 67
p.000066: Article 97 Amendment 67
p.000066: Article 98 Revision of Annex I 67
p.000066: Article 99 Denunciation 68
p.000066: Article 100 Notifications 69
p.000066: Article 101 Registration 69
p.000066: Article 102 Authentic texts 69
p.000066:
p.000066: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 5
p.000066: ANNEX I Regulations concerning identification 70
p.000066: Article 1 General provisions 70
p.000066: CHAPTER I – Identity cards 70
p.000066: Article 2 Identity card for permanent civilian medical
p.000066: and religious personnel 70
p.000066: Article 3 Identity card for temporary civilian medical
p.000066: and religious personnel 71
p.000066: CHAPTER II – The distinctive emblem 73
p.000066: Article 4 Shape
p.000073: 73
p.000073: Article 5 Use
p.000073: 73
p.000073: CHAPTER III – Distinctive signals 74
p.000073: Article 6 Use
p.000074: 74
p.000074: Article 7 Light signal
p.000074: 74
p.000074: Article 8 Radio signal
p.000075: 75
p.000075: Article 9 Electronic identification 75
p.000075: CHAPTER IV – Communications 76
p.000075: Article 10 Radiocommunications 76
p.000075: Article 11 Use of international codes 76
p.000075: Article 12 Other means of communication 77
p.000075: Article 13 Flight plans
p.000077: 77
p.000077: Article 14 Signals and procedures for the interception of medical aircraft 77
p.000077: CHAPTER V – Civil defence 77
p.000077: Article 15 Identity card
p.000077: 77
p.000077: Article 16 International distinctive sign 79
p.000077: CHAPTER VI – Works and installations containing dangerous forces 80
p.000077: Article 17 International special sign 80
p.000077: ANNEX II Identity card for journalists on dangerous
...

p.000077: CONFLICTS (PROTOCOL II), OF 8 JUNE 1977
p.000077: Preamble
p.000083: 83
p.000083: PART I
p.000083: SCOPE OF THIS PROTOCOL 84
p.000083: Article 1 Material field of application 84
p.000083: Article 2 Personal field of application 84
p.000083: Article 3 Non-intervention 84
p.000083: PART II
p.000083: HUMANE TREATMENT 85
p.000083: Article 4 Fundamental guarantees 85
p.000083: Article 5 Persons whose liberty has been restricted 86
p.000083: Article 6 Penal prosecutions 87
p.000083: PART III
p.000083: WOUNDED, SICk AND SHIPWRECkED 88
p.000083: Article 7 Protection and care 88
p.000083: Article 8 Search
p.000088: 88
p.000088: Article 9 Protection of medical and religious personnel 88
p.000088: Article 10 General protection of medical duties 89
p.000088: Article 11 Protection of medical units and transports 89
p.000088: Article 12 The distinctive emblem 89
p.000088: PART IV
p.000088: CIVILIAN POPULATION 90
p.000088: Article 13 Protection of the civilian population 90
p.000088: Article 14 Protection of objects indispensable to the survival
p.000088: of the civilian population 90
p.000088: Article 15 Protection of works and installations containing
p.000088: dangerous forces 90
p.000088: Article 16 Protection of cultural objects and of places of worship 90
p.000088: Article 17 Prohibition of forced movement of civilians 91
p.000088: Article 18 Relief societies and relief actions 91
p.000088: PART V
p.000088: FINAL PROVISIONS 91
...

p.000118: hostility;
p.000118: b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a
p.000118: result of misfortune affect- ing them or the vessel or aircraft carrying them and who refrain from any act of
p.000118: hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be
p.000118: considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
p.000118: c) “medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes
p.000118: enumerated under sub-paragraph e) or to the administration of medical units or to the operation or administration of
p.000118: medical transports. Such assign- ments may be either permanent or temporary. The term includes:
p.000118: i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the
p.000118: First and Second Conventions, and those assigned to civil defence organizations;
p.000118: ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national
p.000118: voluntary aid socie- ties duly recognized and authorized by a Party to the conflict;
p.000118: iii) medical personnel of medical units or medical transports des- cribed in Article 9, paragraph 2;
p.000118: d) “religious personnel” means military or civilian persons, such as chaplains, who are exclusively engaged in the
p.000118: work of their ministry and attached:
p.000118: i) to the armed forces of a Party to the conflict;
p.000118: ii) to medical units or medical transports of a Party to the conflict;
p.000118: iii) to medical units or medical transports described in Article 9, paragraph 2; or
p.000118: iv) to civil defence organizations of a Party to the conflict.
p.000118: The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under
p.000118: sub-para- graph k) apply to them;
p.000118: e) “medical units” means establishments and other units, whether mil- itary or civilian, organized for medical
p.000118: purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment —
p.000118: of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and
p.000118: other similar units, blood transfusion centres, preventive med- icine centres and institutes, medical depots and the
p.000118: medical and
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 15
p.000118:
p.000118:
p.000118: pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
p.000118: f) “medical transportation” means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical
p.000118: personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this
p.000118: Protocol;
p.000118: g) “medical transports” means any means of transportation, whether military or civilian, permanent or temporary,
p.000118: assigned exclusively to medical transportation and under the control of a competent au- thority of a Party to the
p.000118: conflict;
p.000118: h) “medical vehicles” means any medical transports by land;
p.000118: i) “medical ships and craft” means any medical transports by water;
p.000118: j) “medical aircraft” means any medical transports by air;
p.000118: k) “permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those
p.000118: assigned exclusively to medical purposes for an indeterminate period. “Temporary medi- cal personnel”, “temporary
p.000118: medical units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited
p.000118: periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units”
p.000118: and “med- ical transports” cover both permanent and temporary categories;
p.000118: l) “distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a
p.000118: white ground when used for the protection of medical units and transports, or medical and religious personnel,
p.000118: equipment or supplies;
p.000118: m) “distinctive signal” means any signal or message specified for the identification exclusively of medical units or
p.000118: transports in Chap- ter III of Annex I to this Protocol.
p.000118:
p.000118: Article 9 — Field of application
p.000118: 1. This Part, the provisions of which are intended to ameliorate the con- dition of the wounded, sick and
p.000118: shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse dis-
p.000118: tinction founded on race, colour, sex, language, religion or belief, po- litical or other opinion, national or social
p.000118: origin, wealth, birth or other status, or on any other similar criteria.
p.000118: 2. The relevant provisions of Articles 27 and 32 of the First Conven- tion shall apply to permanent
p.000118: medical units and transports (other than hospital ships, to which Article 25 of the Second Convention
p.000118:
p.000118: 16 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
p.000118: a) by a neutral or other State which is not a Party to that conflict;
p.000118: b) by a recognized and authorized aid society of such a State;
...

p.000118:
p.000118: Article 14 — Limitations on requisition of civilian medical units
p.000118: 1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied
p.000118: territory continue to be satisfied.
p.000118: 2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or
p.000118: the services of their personnel, so long as these resources are necessary for the provision of adequate medical
p.000118: services for the civilian population and for the continuing medical care of any wounded and sick already under
p.000118: treatment.
p.000118: 3. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the
p.000118: said resources, subject to the following particular conditions:
p.000118: a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members
p.000118: of the armed forces of the Occupying Power or of prisoners of war;
p.000118: b) that the requisition continues only while such necessity exists; and
p.000118: c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those
p.000118: of any wounded and sick under treatment who are affected by the requisition, con- tinue to be satisfied.
p.000118:
p.000118: Article 15 — Protection of civilian medical and religious personnel
p.000118: 1. Civilian medical personnel shall be respected and protected.
p.000118: 2. If needed, all available help shall be afforded to civilian medical per- sonnel in an area where civilian
p.000118: medical services are disrupted by rea- son of combat activity.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 19
p.000118:
p.000118:
p.000118: 3. The Occupying Power shall afford civilian medical personnel in occu- pied territories every assistance to enable
p.000118: them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that,
p.000118: in the performance of those functions, such per- sonnel shall give priority to the treatment of any person except on
p.000118: med- ical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian
p.000118: mission.
p.000118: 4. Civilian medical personnel shall have access to any place where their services are essential, subject to such
p.000118: supervisory and safety measures as the relevant Party to the conflict may deem necessary.
p.000118: 5. Civilian religious personnel shall be respected and protected. The pro- visions of the Conventions and of this
p.000118: Protocol concerning the protec- tion and identification of medical personnel shall apply equally to such persons.
p.000118:
p.000118: Article 16 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for carrying out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall not be compelled to per- form acts or to carry out work contrary to
p.000118: the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the
p.000118: provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work
p.000118: required by those rules and provisions.
p.000118: 3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse
p.000118: Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded
p.000118: and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the
p.000118: patients con- cerned or to their families. Regulations for the compulsory notification of communicable diseases shall,
...

p.000118: adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as
p.000118: national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to
p.000118: collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas.
p.000118:
p.000118: 20 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.
p.000118: 2. The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph
p.000118: 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they
p.000118: shall grant both protection and the necessary facili- ties to those who respond to this appeal. If the adverse Party
p.000118: gains or regains control of the area, that Party also shall afford the same protec- tion and facilities for so long as
p.000118: they are needed.
p.000118:
p.000118: Article 18 — Identification
p.000118: 1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and
p.000118: transports are identifiable.
p.000118: 2. Each Party to the conflict shall also endeavour to adopt and to imple- ment methods and procedures which will
p.000118: make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.
p.000118: 3. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical
p.000118: personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card
p.000118: certifying their status.
p.000118: 4. With the consent of the competent authority, medical units and trans- ports shall be marked by the distinctive
p.000118: emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the
p.000118: provisions of the Second Convention.
p.000118: 5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex 1 to
p.000118: this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exception- ally, in
p.000118: the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the
p.000118: distinctive emblem.
p.000118: 6. The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to III of Annex
p.000118: I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and
p.000118: transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and
p.000118: transports specified in that Chapter.
p.000118: 7. This Article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in
p.000118: Article 44 of the First Convention.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 21
p.000118:
p.000118:
p.000118: 8. The provisions of the Conventions and of this Protocol relating to su- pervision of the use of the distinctive
...

p.000118: ognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible
p.000118: comply with the second paragraph of Article 43 of the Second Convention.
p.000118: 2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the
p.000118: surface able immediately to en- force its command may order them to stop, order them off, or make them take a certain
p.000118: course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their
p.000118: medical mission so long as they are needed for the wounded, sick and shipwrecked on board.
p.000118: 3. The protection provided in paragraph 1 shall cease only under the condi- tions set out in Articles 34 and 35 of
p.000118: the Second Convention. A clear re- fusal to obey a command given in accordance with paragraph 2 shall be an act harmful
p.000118: to the enemy under Article 34 of the Second Convention.
p.000118: 4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name,
p.000118: description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the
p.000118: case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and
p.000118: recognition. The adverse Party shall acknowledge receipt of such information.
p.000118: 5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such
p.000118: ships and craft.
p.000118: 6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the
p.000118: categories referred to in Article
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 23
p.000118:
p.000118:
p.000118: 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft.
p.000118: Wounded, sick and ship- wrecked civilians who do not belong to any of the categories mentioned in Article 13 of the
p.000118: Second Convention shall not be subject, at sea, ei- ther to surrender to any Party which is not their own, or to
p.000118: removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own,
p.000118: they shall be covered by the Fourth Convention and by this Protocol.
p.000118:
p.000118: Article 24 — Protection of medical aircraft
p.000118: Medical aircraft shall be respected and protected, subject to the provisions of this Part.
p.000118:
p.000118: Article 25 — Medical aircraft in areas not controlled by an adverse Party
p.000118: In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by
...

p.000118:
p.000118:
p.000118: shall be displayed where they are clearly visible, especially on its perim- eter and limits and on highways.
p.000118: 6. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of
p.000118: them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.
p.000118: 7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the
p.000118: other Party shall be released from its obligations under the agreement conferring upon the zone the status of
p.000118: demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection
p.000118: provided by the other provi- sions of this Protocol and the other rules of international law applicable in armed
p.000118: conflict.
p.000118:
p.000118: CHAPTER VI
p.000118: Civil defence
p.000118: Article 61 — Definitions and scope
p.000118: For the purposes of this Protocol:
p.000118: a) “civil defence” means the performance of some or all of the under- mentioned humanitarian tasks intended to
p.000118: protect the civilian population against the dangers, and to help it to recover from the immediate effects, of
p.000118: hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are:
p.000118: i) warning;
p.000118: ii) evacuation;
p.000118: iii) management of shelters;
p.000118: iv) management of blackout measures;
p.000118: v) rescue;
p.000118: vi) medical services, including first aid, and religious assistance;
p.000118: vii) fire-fighting;
p.000118: viii) detection and marking of danger areas;
p.000118: ix) decontamination and similar protective measures;
p.000118: x) provision of emergency accommodation and supplies;
p.000118: xi) emergency assistance in the restoration and maintenance of order in distressed areas;
p.000118: xii) emergency repair of indispensable public utilities;
p.000118: xiii) emergency disposal of the dead;
p.000118:
p.000118: 46 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: xiv) assistance in the preservation of objects essential for survival;
p.000118: xv) complementary activities necessary to carry out any of the tasks mentioned above, including, but not
p.000118: limited to, planning and organization;
p.000118: b) “civil defence organizations” means those establishments and other units which are organized or authorized by the
p.000118: competent authori- ties of a Party to the conflict to perform any of the tasks mentioned under sub-paragraph a), and
p.000118: which are assigned and devoted exclu- sively to such tasks;
p.000118: c) “personnel” of civil defence organizations means those persons as- signed by a Party to the conflict exclusively
p.000118: to the performance of the tasks mentioned under sub-paragraph a), including personnel assigned by the competent
...

p.000118: 2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it
p.000118: possible to recognize civil- ian shelters as well as civil defence personnel, buildings and matériel on which the
p.000118: international distinctive sign of civil defence is displayed.
p.000118: 3. In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil
p.000118: defence personnel should be recog- nizable by the international distinctive sign of civil defence and by an identity
p.000118: card certifying their status.
p.000118: 4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when
p.000118: used for the protection of civil de- fence organizations, their personnel, buildings and matériel and for ci- vilian
p.000118: shelters.
p.000118: 5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for
p.000118: civil defence identification purposes.
p.000118: 6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter v of Annex 1 to this Protocol.
p.000118: 7. In time of peace, the sign described in paragraph 4 may, with the con- sent of the competent national
p.000118: authorities, be used for civil defence identification purposes.
p.000118: 8. The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the
p.000118: display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.
p.000118: 9. The identification of civil defence medical and religious personnel, medical units and medical
p.000118: transports is also governed by Article 18.
p.000118:
p.000118: Article 67 — Members of the armed forces and military units as- signed to civil defence organizations
p.000118: 1. Members of the armed forces and military units assigned to civil de- fence organizations shall be respected and
p.000118: protected, provided that:
p.000118: a) such personnel and such units are permanently assigned and exclu- sively devoted to the performance of any of the
p.000118: tasks mentioned in Article 61;
p.000118: b) if so assigned, such personnel do not perform any other military duties during the conflict;
p.000118:
p.000118: 50 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: c) such personnel are clearly distinguishable from the other members of the armed forces by prominently
p.000118: displaying the international distinctive sign of civil defence, which shall be as large as appropri- ate, and such
p.000118: personnel are provided with the identity card referred to in Chapter v of Annex 1 to this Protocol certifying their
p.000118: status;
p.000118: d) such personnel and such units are equipped only with light indi- vidual weapons for the purpose of maintaining
p.000118: order or for self- defence. The provisions of Article 65, paragraph 3 shall also apply in this case;
p.000118: e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside
p.000118: their civil defence tasks, acts harmful to the adverse Party;
...

p.000118: shall be as large as appropriate.
p.000118: 4. The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively
p.000118: devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain
p.000118: subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for
p.000118: the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements
p.000118: have been made for adequate provision for the needs of the civilian population.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 51
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Relief in favour of the civilian population
p.000118: Article 68 — Field of application
p.000118: The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to
p.000118: Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
p.000118:
p.000118: Article 69 — basic needs in occupied territories
p.000118: 1. In addition to the duties specified in Article 55 of the Fourth Conven- tion concerning food and medical
p.000118: supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse
p.000118: distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival
p.000118: of the civilian population of the occupied territory and objects necessary for religious worship.
p.000118: 2. Relief actions for the benefit of the civilian population of occupied ter- ritories are governed by Articles 59,
p.000118: 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be
p.000118: implemented without delay.
p.000118:
p.000118: Article 70 — Relief actions
p.000118: 1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied
p.000118: territory, is not adequately provid- ed with the supplies mentioned in Article 69, relief actions which are
p.000118: humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to
p.000118: the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as
p.000118: interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be
p.000118: given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth
p.000118: Convention or under this Protocol, are to be accorded privileged treatment or special protection.
p.000118: 2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded
p.000118: passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such
p.000118: assistance is destined for the civilian population of the ad- verse Party.
...

p.000118: families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian
p.000118: organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in
p.000118: conformity with their respective security regulations.
p.000118:
p.000118: Article 75 — Fundamental guarantees
p.000118: 1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the
p.000118: power of a Party to the conflict and who do not benefit from more favourable treatment under the Conven- tions or under
p.000118: this Protocol shall be treated humanely in all circum- stances and shall enjoy, as a minimum, the protection provided
p.000118: by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political
p.000118: or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
p.000118:
p.000118: 54 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Each Party shall respect the person, honour, convictions and religious practices of all such persons.
p.000118: 2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by
p.000118: civilian or by military agents:
p.000118: a) violence to the life, health, or physical or mental well-being of per- sons, in particular:
p.000118: i) murder;
p.000118: ii) torture of all kinds, whether physical or mental;
p.000118: iii) corporal punishment; and
p.000118: iv) mutilation;
p.000118: b) outrages upon personal dignity, in particular humiliating and degrad- ing treatment, enforced prostitution and any
p.000118: form of indecent assault;
p.000118: c) the taking of hostages;
p.000118: d) collective punishments; and
p.000118: e) threats to commit any of the foregoing acts.
p.000118: 3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly,
p.000118: in a language he under- stands, of the reasons why these measures have been taken. Except in cases of arrest or
p.000118: detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon
p.000118: as the circumstances justifying the arrest, detention or internment have ceased to exist.
p.000118: 4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to
...

p.000118: 1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a
p.000118: foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the
p.000118: children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found,
p.000118: their written con- sent to such evacuation is required. If these persons cannot be found, the written consent to such
p.000118: evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any
p.000118: such evacuation shall be supervised by the Protecting Power in agree- ment with the Parties concerned, namely, the
p.000118: Party arranging for the evacuation, the Party receiving the children and any Parties whose na- tionals are being
p.000118: evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the
p.000118: evacuation.
p.000118: 2. Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral
p.000118: education as his parents desire, shall be provided while he is away with the greatest possible continuity.
p.000118: 3. With a view to facilitating the return to their families and country of children evacuated pursuant to this
p.000118: Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the
p.000118: receiving country shall establish for each child a card with pho- tographs, which they shall send to the Central
p.000118: Tracing Agency of the International Committee of the Red Cross. Each card shall bear, when- ever possible, and whenever
p.000118: it involves no risk of harm to the child, the following information:
p.000118: a) surname(s) of the child;
p.000118: b) the child’s first name(s);
p.000118: c) the child’s sex;
p.000118:
p.000118: 58 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the place and date of birth (or, if that date is not known, the approxi- mate age);
p.000118: e) the father’s full name;
p.000118: f) the mother’s full name and her maiden name;
p.000118: g) the child’s next of kin;
...

p.000118: 2. Any military or civilian authorities who, in time of armed conflict, as- sume responsibilities in respect of the
p.000118: application of the Conventions and this Protocol shall be fully acquainted with the text thereof.
p.000118:
p.000118: Article 84 — Rules of application
p.000118: The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as
p.000118: appropriate, through the Protect- ing Powers, their official translations of this Protocol, as well as the laws and
p.000118: regulations which they may adopt to ensure its application.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 61
p.000118:
p.000118:
p.000118: SECTION II
p.000118: Repression of breaches of the Conventions and of this Protocol
p.000118: Article 85 — Repression of breaches of this Protocol
p.000118: 1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by
p.000118: this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
p.000118: 2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against
p.000118: persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded,
p.000118: sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious
p.000118: personnel, medi- cal units or medical transports which are under the control of the ad- verse Party and are protected
p.000118: by this Protocol.
p.000118: 3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches
p.000118: of this Protocol, when commit- ted wilfully, in violation of the relevant provisions of this Protocol, and causing
p.000118: death or serious injury to body or health:
p.000118: a) making the civilian population or individual civilians the object of attack;
p.000118: b) launching an indiscriminate attack affecting the civilian popula- tion or civilian objects in the knowledge that
p.000118: such attack will cause excessive loss of life, injury to civilians or damage to civilian ob- jects, as defined in
p.000118: Article 57, paragraph 2 a) iii);
p.000118: c) launching an attack against works or installations containing dan- gerous forces in the knowledge that such attack
p.000118: will cause excessive loss of life, injury to civilians or damage to civilian objects, as de- fined in Article 57,
p.000118: paragraph 2 a) iii);
p.000118: d) making non-defended localities and demilitarized zones the object of attack;
p.000118: e) making a person the object of attack in the knowledge that he is hors de combat;
p.000118: f) the perfidious use, in violation of Article 37, of the distinctive em- blem of the red cross, red crescent or red
p.000118: lion and sun or of other protective signs recognized by the Conventions or this Protocol.
p.000118: 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following
p.000118: shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions
p.000118: or the Protocol:
p.000118:
...

p.000118:
p.000118: Article 102 — Authentic texts
p.000118: The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
p.000118: authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Par-
p.000118: ties to the Conventions.
p.000118:
p.000118: 70 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: ANNEX I*
p.000118: REGULATIONS CONCERNING IDENTIFICATION
p.000118: Article 1 — General provisions
p.000118: 1. The regulations concerning identification in this Annex implement the relevant provi- sions of the Geneva
p.000118: Conventions and the Protocol; they are intended to facilitate the identification of personnel, material, units,
p.000118: transports and installations protected un- der the Geneva Conventions and the Protocol.
p.000118: 2. These rules do not in and of themselves establish the right to protection. This right is governed by the
p.000118: relevant articles in the Conventions and the Protocol.
p.000118: 3. The competent authorities may, subject to the relevant provisions of the Geneva Con- ventions and the Protocol,
p.000118: at all times regulate the use, display, illumination and de- tectability of the distinctive emblems and signals.
p.000118: 4. The High Contracting Parties and in particular the Parties to the conflict are invited at all times to agree
p.000118: upon additional or other signals, means or systems which enhance the possibility of identification and take full
p.000118: advantage of technological developments in this field.
p.000118:
p.000118: CHAPTER I
p.000118: Identity cards
p.000118: Article 2 — Identity card for permanent civilian medical and religious personnel**
p.000118: 1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3,
p.000118: of the Protocol should:
p.000118: a) bear the distinctive emblem and be of such size that it can be carried in the pocket;
p.000118: b) be as durable as practicable;
p.000118: c) be worded in the national or official language and, in addition and when appropri- ate, in the local language of
p.000118: the region concerned;
p.000118: d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the
p.000118: identity number, if any, of the holder;
p.000118: e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol;
p.000118: f) bear the photograph of the holder as well as his signature or his thumbprint, or both;
p.000118:
p.000118: * See the editor’s note at the beginning of this booklet.
p.000118: ** This was formerly Article 1, of which para c) read: “be worded in the national or official language (and may in
p.000118: addition be worded in other languages)”.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 71
p.000118:
p.000118:
p.000118: g) bear the stamp and signature of the competent authority;
p.000118: h) state the date of issue and date of expiry of the card;
p.000118: i) indicate, whenever possible, the holder’s blood group, on the reverse side of the card.
p.000118: 2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far
p.000118: as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the
p.000118: single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen
p.000118: of the model they are us- ing, if such model differs from that shown in Figure 1. The identity card shall be made out,
p.000118: if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards
p.000118: which it has issued.
p.000118: 3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity
p.000118: cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.
p.000118:
p.000118: Article 3 — Identity card for temporary civilian medical and religious personnel
p.000118: 1. The identity card for temporary civilian medical and religious person- nel should, whenever possible, be similar
p.000118: to that provided for in Article 2 of these Regulations. The Parties to the conflict may be guided by the model shown in
p.000118: Figure 1.
p.000118: 2. When circumstances preclude the provision to temporary civilian medical and religious personnel of
p.000118: identity cards similar to those de- scribed in Article 2 of these Regulations, the said personnel may be provided with
p.000118: a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as
p.000118: temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive
p.000118: emblem. The certificate should mention the holder’s name and date of birth (or if that is not available, his age at the
p.000118: time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his
p.000118: thumbprint, or both.
p.000118:
p.000118: 72 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 1: Model of identity card (format: 74 mm x 105 mm)
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 73
p.000118:
p.000118:
p.000118: CHAPTER II
p.000118: The distinctive emblem
p.000118: Article 4 — Shape
p.000118: The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes
p.000118: of the cross, the crescent or the lion and sun*, the High Con- tracting Parties may be guided by the models shown in
p.000118: Figure 2.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 2: Distinctive emblems in red on a white ground
p.000118:
p.000118:
p.000118:
p.000118: Article 5 — Use
p.000118: 1. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or in any other way
p.000118: appropriate to the lay of the land, so that it is visible from as many directions and from as far away as possible, and
p.000118: in particular from the air.
p.000118: 2. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated.
p.000118: 3. The distinctive emblem may be made of materials which make it recognizable by tech- nical means of detection.
p.000118: The red part should be painted on top of black primer paint in order to facilitate its identification, in particular by
p.000118: infrared instruments.
p.000118: 4. Medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear
p.000118: headgear and clothing bearing the distinctive emblem.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: * No State has used the emblem of the lion and sun since 1980.
p.000118:
p.000118: 74 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: CHAPTER III
p.000118: Distinctive signals
p.000118: Article 6 — Use
p.000118: 1. All distinctive signals specified in this Chapter may be used by medical units or transports.
p.000118: 2. These signals, at the exclusive disposal of medical units and transports, shall not be used for any other
p.000118: purpose, the use of the light signal being reserved (see paragraph 3 below).
p.000118: 3. In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue
p.000118: lights for the identification of medical vehicles, ships and craft, the use of such signals for other vehicles, ships
p.000118: and craft is not prohibited.
p.000118: 4. Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked
p.000118: with the distinctive emblem, may use the distinctive signals authorized in this Chapter.
p.000118:
p.000118: Article 7 — Light signal
p.000118: 1. The light signal, consisting of a flashing blue light as defined in the Airworthiness Tech- nical Manual of the
p.000118: International Civil Aviation Organization (ICAO) Doc. 9051, is established for the use of medical aircraft to signal
p.000118: their identity. No other aircraft shall use this signal. Medical aircraft using the flashing blue light should exhibit
p.000118: such lights as may be necessary to make the light signal visible from as many directions as possible.
...

p.000118:
p.000118: PART II
p.000118: HUMANE TREATMENT
p.000118: Article 4 — Fundamental guarantees
p.000118: 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their
p.000118: liberty has been restricted, are entitled to respect for their person, honour and convictions and reli- gious
p.000118: practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to
p.000118: order that there shall be no survivors.
p.000118: 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in
p.000118: paragraph 1 are and shall remain pro- hibited at any time and in any place whatsoever:
p.000118: a) violence to the life, health and physical or mental well-being of per- sons, in particular murder as well as cruel
p.000118: treatment such as torture, mutilation or any form of corporal punishment;
p.000118: b) collective punishments;
p.000118: c) taking of hostages;
p.000118: d) acts of terrorism;
p.000118: e) outrages upon personal dignity, in particular humiliating and de- grading treatment, rape, enforced prostitution
p.000118: and any form of in- decent assault;
p.000118: f) slavery and the slave trade in all their forms;
p.000118: g) pillage;
p.000118: h) threats to commit any of the foregoing acts.
p.000118: 3. Children shall be provided with the care and aid they require, and in particular:
p.000118: a) they shall receive an education, including religious and moral edu- cation, in keeping with the wishes of their
p.000118: parents, or in the absence of parents, of those responsible for their care;
p.000118: b) all appropriate steps shall be taken to facilitate the reunion of fami- lies temporarily separated;
p.000118: c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups
p.000118: nor allowed to take part in hostilities;
p.000118:
p.000118: 86 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: d) the special protection provided by this Article to children who have not attained the age of fifteen years shall
p.000118: remain applicable to them if they take a direct part in hostilities despite the provisions of sub- paragraph c) and are
p.000118: captured;
p.000118: e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by
p.000118: law or custom are primarily responsible for their care, to remove children temporar- ily from the area in which
p.000118: hostilities are taking place to a safer area within the country and ensure that they are accompanied by per- sons
p.000118: responsible for their safety and well-being.
p.000118:
p.000118: Article 5 — Persons whose liberty has been restricted
p.000118: 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard
p.000118: to persons deprived of their liberty for reasons related to the armed conflict, whether they are in- terned or
p.000118: detained:
p.000118: a) the wounded and the sick shall be treated in accordance with Ar- ticle 7;
p.000118: b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided
p.000118: with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the
p.000118: rigours of the climate and the dangers of the armed conflict;
p.000118: c) they shall be allowed to receive individual or collective relief;
p.000118: d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual
p.000118: assistance from persons, such as chaplains, performing religious functions;
p.000118: e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the
p.000118: local civilian population.
p.000118: 2. Those who are responsible for the internment or detention of the per- sons referred to in paragraph 1 shall
p.000118: also, within the limits of their capabilities, respect the following provisions relating to such persons:
p.000118: a) except when men and women of a family are accommodated to- gether, women shall be held in quarters separated from
p.000118: those of men and shall be under the immediate supervision of women;
p.000118: b) they shall be allowed to send and receive letters and cards, the number of which may be limited by
p.000118: competent authority if it deems necessary;
p.000118: c) places of internment and detention shall not be located close to the combat zone. The persons referred to in
p.000118: paragraph 1 shall be evacu-
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 87
p.000118:
p.000118:
p.000118: ated when the places where they are interned or detained become par- ticularly exposed to danger arising out of the
p.000118: armed conflict, if their evacuation can be carried out under adequate conditions of safety;
p.000118: d) they shall have the benefit of medical examinations;
p.000118: e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission.
...

p.000118: persons who have participated in the armed conflict, or those deprived of their liberty for reasons re- lated to the
p.000118: armed conflict, whether they are interned or detained.
p.000118:
p.000118: PART III
p.000118: WOUNDED, SICk AND SHIPWRECkED
p.000118: Article 7 — Protection and care
p.000118: 1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be
p.000118: respected and protected.
p.000118: 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and
p.000118: with the least possible delay, the medi- cal care and attention required by their condition. There shall be no dis-
p.000118: tinction among them founded on any grounds other than medical ones.
p.000118:
p.000118: Article 8 — Search
p.000118: Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without
p.000118: delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill- treatment,
p.000118: to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
p.000118:
p.000118: Article 9 — Protection of medical and religious personnel
p.000118: 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the
p.000118: performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their
p.000118: humanitarian mission.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 89
p.000118:
p.000118:
p.000118: 2. In the performance of their duties medical personnel may not be re- quired to give priority to any person except
p.000118: on medical grounds.
p.000118:
p.000118: Article 10 — General protection of medical duties
p.000118: 1. Under no circumstances shall any person be punished for having car- ried out medical activities compatible with
p.000118: medical ethics, regardless of the person benefiting therefrom.
p.000118: 2. Persons engaged in medical activities shall neither be compelled to per- form acts or to carry out work contrary
p.000118: to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules de- signed for the
p.000118: benefit of the wounded and sick, or this Protocol.
p.000118: 3. The professional obligations of persons engaged in medical activities regarding information which they may
p.000118: acquire concerning the wound- ed and sick under their care shall, subject to national law, be respected.
p.000118: 4. Subject to national law, no person engaged in medical activities may be penalized in any way for refusing or
p.000118: failing to give information con- cerning the wounded and sick who are, or who have been, under his care.
p.000118:
p.000118: Article 11 — Protection of medical units and transports
p.000118: 1. Medical units and transports shall be respected and protected at all times and shall not be the object of
p.000118: attack.
p.000118: 2. The protection to which medical units and transports are entitled shall not cease unless they are used to commit
p.000118: hostile acts, outside their hu- manitarian function. Protection may, however, cease only after a warn- ing has been
p.000118: given setting, whenever appropriate, a reasonable time- limit, and after such warning has remained unheeded.
p.000118:
p.000118: Article 12 — The distinctive emblem
p.000118: Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red
p.000118: lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical
p.000118: transports. It shall be respected in all circumstances. It shall not be used improperly.
p.000118:
p.000118: 90 ADDITIONAL PROTOCOL II OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: PART IV
p.000118: CIVILIAN POPULATION
p.000118: Article 13 — Protection of the civilian population
p.000118: 1. The civilian population and individual civilians shall enjoy general protection against the dangers
p.000118: arising from military operations. To give effect to this protection, the following rules shall be observed in all
p.000118: circumstances.
p.000118: 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or
p.000118: threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
p.000118: 3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part
p.000118: in hostilities.
p.000118:
p.000118: Article 14 — Protection of objects indispensable to the survival of the civilian population
p.000118: Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or
p.000118: render useless, for that purpose, ob- jects indispensable to the survival of the civilian population, such as food-
p.000118: stuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and
...

p.000118: names and emblems,
p.000118:
p.000118: Have agreed on the following:
p.000118:
p.000118: Article 1 — Respect for and scope of application of this Protocol
p.000118: 1. The High Contracting Parties undertake to respect and to ensure re- spect for this Protocol in all
p.000118: circumstances.
p.000118: 2. This Protocol reaffirms and supplements the provisions of the four Ge- neva Conventions of 12 August 1949 (“the
p.000118: Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional
p.000118: Protocols”) relating to the distinctive emblems, name- ly the red cross, the red crescent and the red lion and sun, and
p.000118: shall apply in the same situations as those referred to in these provisions.
p.000118:
p.000118: Article 2 — Distinctive emblems
p.000118: 1. This Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the
p.000118: distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status.
p.000118: 2. This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground,
p.000118: shall conform to the il- lustration in the Annex to this Protocol. This distinctive emblem is re- ferred to in this
p.000118: Protocol as the “third Protocol emblem”.
p.000118: 3. The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive
p.000118: emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 115
p.000118:
p.000118:
p.000118: 4. The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice
p.000118: to their current emblems, make temporary use of any distinctive emblem referred to in paragraph 1 of this Article where
p.000118: this may enhance protection.
p.000118:
p.000118: Article 3 — Indicative use of the third Protocol emblem
p.000118: 1. National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using
p.000118: the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:
p.000118: a) a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems; or
p.000118: b) another emblem which has been in effective use by a High Contract- ing Party and was the subject of a
p.000118: communication to the other High Contracting Parties and the International Committee of the Red Cross through
p.000118: the depositary prior to the adoption of this Protocol.
p.000118: Incorporation shall conform to the illustration in the Annex to this Protocol.
p.000118: 2. A National Society which chooses to incorporate within the third Pro- tocol emblem another emblem in accordance
p.000118: with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it
p.000118: within its national territory.
p.000118: 3. National Societies may, in accordance with national legislation and in exceptional circumstances and to
p.000118: facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol.
p.000118: 4. This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions
p.000118: and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative
p.000118: purposes in accordance with paragraph 1 of this Article.
p.000118:
p.000118: Article 4 — International Committee of the Red Cross and International Federation of Red Cross and Red Crescent
p.000118: Societies
p.000118: The International Committee of the Red Cross and the International Fed- eration of Red Cross and Red Crescent
p.000118: Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their
p.000118: work, the distinctive emblem referred to in Article 2 of this Protocol.
p.000118:
p.000118: 116 ADDITIONAL PROTOCOL III OF 2005
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Article 5 — Missions under United Nations auspices
p.000118: The medical services and religious personnel participating in operations under the auspices of the United
p.000118: Nations may, with the agreement of par- ticipating States, use one of the distinctive emblems mentioned in Articles 1
p.000118: and 2.
p.000118:
p.000118: Article 6 — Prevention and repression of misuse
p.000118: 1. The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing
p.000118: prevention and repression of misuse of the distinctive emblems shall apply equally to the third Pro- tocol emblem.
p.000118: In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all
p.000118: times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the
p.000118: perfidious use and the use of any sign or designation constituting an imitation thereof.
p.000118: 2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of the third Protocol
p.000118: emblem, or of any sign consti- tuting an imitation thereof, to continue such use, provided that the said use shall not
p.000118: be such as would appear, in time of armed conflict, to con- fer the protection of the Geneva Conventions and, where
p.000118: applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption
p.000118: of this Protocol.
p.000118:
p.000118: Article 7 — Dissemination
p.000118: The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this
p.000118: Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their
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p.000020: SECTION III – Missing and dead persons 27
p.000020: Article 32 General principle 27
p.000020: Article 33 Missing persons 28
p.000020: Article 34 Remains of deceased 28
p.000020: PART III
p.000020: METHODS AND MEANS OF WARFARE
p.000020: COMbATANT AND PRISONER-OF-WAR STATUS 30
p.000020: SECTION I – Methods and means of warfare 30
p.000020: Article 35 Basic rules
p.000030: 30
p.000030: Article 36 New weapons 30
p.000030: Article 37 Prohibition of perfidy 30
p.000030: Article 38 Recognized emblems 31
p.000030: Article 39 Emblems of nationality 31
p.000030: Article 40 Quarter
p.000031: 31
p.000031: Article 41 Safeguard of an enemy hors de combat 31
p.000031: Article 42 Occupants of aircraft 32
p.000031: SECTION II – Combatant and prisoner-of-war status 32
p.000031: Article 43 Armed forces 32
p.000031: Article 44 Combatants and prisoners of war 33
p.000031: Article 45 Protection of persons who have taken part in hostilities 34
p.000031: Article 46 Spies
p.000034: 34
p.000034: Article 47 Mercenaries 35
p.000034: PART IV
p.000034: CIVILIAN POPULATION 36
p.000034: SECTION I – General protection against effects of hostilities 36
p.000034: CHAPTER I – basic rule and field of application 36
p.000034: Article 48 Basic rule
p.000036: 36
p.000036: Article 49 Definition of attacks and scope of application 36
p.000036:
p.000036: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 3
p.000036: CHAPTER II – Civilians and Civilian population 37
p.000036: Article 50 Definition of civilians and civilian population 37
p.000036: Article 51 Protection of the civilian population 37
p.000036: CHAPTER III – Civilian objects 38
p.000036: Article 52 General protection of civilian objects 38
...

p.000036: CHAPTER IV – Precautionary measures 41
p.000036: Article 57 Precautions in attack 41
p.000036: Article 58 Precautions against the effects of attacks 42
p.000036: CHAPTER V – Localities and zones under special protection 43
p.000036: Article 59 Non-defended localities 43
p.000036: Article 60 Demilitarized zones 44
p.000036: CHAPTER VI – Civil defence 45
p.000036: Article 61 Definitions and scope 45
p.000036: Article 62 General protection 46
p.000036: Article 63 Civil defence in occupied territories 46
p.000036: Article 64 Civilian civil defence organizations of neutral or other States not Parties to the conflict and
p.000036: international co-ordinating
p.000036: organizations 47
p.000036: Article 65 Cessation of protection 48
p.000036: Article 66 Identification
p.000048: 48
p.000048: Article 67 Members of the armed forces
p.000048: and military units assigned to civil defence organizations 49
p.000048: SECTION II – Relief in favour of the civilian population 51
p.000048: Article 68 Field of application 51
p.000048: Article 69 Basic needs in occupied territories 51
p.000048: Article 70 Relief actions
p.000051: 51
p.000051: Article 71 Personnel participating in relief actions 52
p.000051: SECTION III – Treatment of persons in the power
p.000051: of a Party to the conflict 53
p.000051: CHAPTER I – Field of application and protection of