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
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
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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:
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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
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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:
...
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
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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
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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),
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Health / Mentally Disabled
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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
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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:
(return to top)
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
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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
...
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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
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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
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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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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
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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
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Social / Racial Minority
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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
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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
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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
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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:
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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.
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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:
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p.000118:
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p.000118:
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p.000118:
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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 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.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.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: 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: 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:
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: 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: 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: 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: 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: 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: 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
p.000118: observance of the Conventions and this Protocol, and shall supervise their execution.
p.000118:
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: 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: 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: 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: 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: 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: 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
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: 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 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
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
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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 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.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:
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: 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: 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: 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: 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: 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: 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: 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: Article 51 — Protection of the civilian population
p.000118: 1. The civilian population and individual civilians shall enjoy general pro- tection against dangers arising from
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: with respect to the civilian popula- tion and civilians, including the obligation to take the precautionary measures
p.000118: provided for in Article 57.
p.000118:
p.000118: CHAPTER III
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: 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: civilian population.
p.000118: 2. The special protection against attack provided by paragraph 1 shall cease:
p.000118: a) for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct
p.000118: support of military operations and if such attack is the only feasible way to terminate such support;
p.000118: b) for a nuclear electrical generating station only if it provides electric power in regular, significant and direct
p.000118: support of military opera- tions and if such attack is the only feasible way to terminate such support;
p.000118: c) for other military objectives located at or in the vicinity of these works or installations only if they are used
p.000118: in regular, significant and direct support of military operations and if such attack is the only feasible way to
p.000118: terminate such support.
p.000118: 3. In all cases, the civilian population and individual civilians shall re- main entitled to all the protection
p.000118: accorded them by international law, including the protection of the precautionary measures provided for in Article 57.
p.000118: If the protection ceases and any of the works, installations or military objectives mentioned in paragraph 1 is
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:
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: 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:
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: 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: 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: 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: 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:
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: 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: 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:
p.000118: Having also devoted efforts to the further narrowing down of divergent views on the desirabi- lity of prohibiting or
p.000118: restricting the use of incendiary weapons, including napalm,
p.000118:
p.000118: Having also considered the effects of the use of other conventional weapons, such as small calibre projectiles and
p.000118: certain blast and fragmentation weapons, and having begun the consi- deration of the possibility of prohibiting or
p.000118: restricting the use of such weapons,
p.000118:
p.000118: Recognizing that it is important that this work continue and be pursued with the urgency required by evident
p.000118: humanitarian considerations,
p.000118:
p.000118: Believing that further work should both build upon the areas of agreement thus far identified and include the search
p.000118: for further areas of agreement and should, in each case, seek the broa- dest possible agreement,
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 109
p.000118:
p.000118:
p.000118: 1. Resolves to send the report of the Ad Hoc Committee and the proposals presented in that Committee to the
p.000118: Governments of States represented at the Conference and to the Secretary-General of the United Nations;
p.000118: 2. Requests that serious and early consideration be given to these documents and to the reports of the Conferences
p.000118: of Government Experts of Lucerne and Lugano;
p.000118: 3. Recommends that a Conference of Governments should be convened not later than 1979 with a view to reaching:
p.000118: a) agreements on prohibitions or restrictions on the use of specific conventional weap- ons including those which may
p.000118: be deemed to be excessively injurious or have indis- criminate effects, taking into account humanitarian and military
p.000118: considerations; and
p.000118: b) agreement on a mechanism for the review of any such agreements and for the con- sideration of proposals for
p.000118: further such agreements;
p.000118: 4. Urges that consultations be undertaken prior to the consideration of this question at the thirty-second session
p.000118: of the United Nations General Assembly for the purpose of reaching agreement on the steps to be taken in preparation
p.000118: for the Conference;
p.000118: 5. Recommends that a consultative meeting of all interested Governments be convened during September/October 1977
p.000118: for this purpose;
p.000118: 6. Recommends further that the States participating in these consultations should con- sider inter alia the
p.000118: establishment of a Preparatory Committee which would seek to establish the best possible basis for the achievement at
p.000118: the Conference of agreements as envisaged in this resolution;
p.000118: 7. Invites the General Assembly of the United Nations at its thirty-second session, in the light of the results of
p.000118: the consultations undertaken pursuant to paragraph 4 of this resolution, to take any further action that may be
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: 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
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
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p.000117: 117
p.000117: Article 11 Entry into force 117
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
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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: 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: Article 51 — Protection of the civilian population
p.000118: 1. The civilian population and individual civilians shall enjoy general pro- tection against dangers arising from
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: 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:
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: 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: 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: 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:
p.000118:
p.000118:
p.000118:
p.000118: Incorporation
p.000118: in accordance with Art. 3
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: This volume contains the official texts of the two Protocols additional to the Geneva Conventions of 12 August
p.000118: 1949, as adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and Development of
p.000118: International Humanitarian Law applicable in Armed Conflicts (Geneva, 1974-77). It also includes extracts from the
p.000118: Final Act of the Conference and the texts of the substantive resolutions adopted at the fourth session in 1977.
p.000118: The Final Act, to which the two Protocols were annexed, was deposited with the Swiss Federal Council, the depositary of
p.000118: the 1949 Conventions.
p.000118: Protocols I and II came into force on 7 December 1978.
p.000118: This volume also contains the official text of the Protocol additional to the Geneva Conventions of 12 August 1949, and
p.000118: relating to the Adoption of an Additional Distinctive Emblem (Protocol III), adopted on 8 December 2005.
p.000118: Protocol III came into force on 14 January 2007.
p.000118: By 1 April 2010, 169 States had agreed to be bound by Protocol I, 165 by Protocol II and 52 by Protocol III.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Mission
p.000118:
p.000118: The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization
p.000118: whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed
p.000118: conflict and other situations of violence and to provide them with assistance. The ICRC also endeavours to
p.000118: prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles.
p.000118: Established in 1863, the ICRC is at the origin of the Geneva Conventions and the International Red Cross and Red
p.000118: Crescent Movement. It directs and coordinates the international activities conducted by the Movement in
...
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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: 2. In accordance with the provisions of Chapter XIv, para. 4 of the International Mari- time Organization (IMO)
p.000118: International Code of Signals, vessels protected by the Ge- neva Conventions of 1949 and the Protocol should exhibit
p.000118: one or more flashing blue lights visible from any direction.
p.000118: 3. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as possible. The High
p.000118: Contracting Parties and, in particular, the Parties to the conflict which use lights of other colours should give
p.000118: notification of this.
p.000118: 4. The recommended blue colour is obtained when its chromaticity is within the bound- aries of the International
p.000118: Commission on Illumination (ICI) chromaticity diagram de- fined by the following equations:
p.000118: green boundary y = 0.065 + 0.805x white boundary y = 0.400 – x purple boundary x = 0.133 +
p.000118: 0.600y
p.000118: The recommended flashing rate of the blue light is between sixty and one hundred flash- es per minute.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 75
p.000118:
p.000118:
p.000118: Article 8 — Radio signal
p.000118: 1. The radio signal shall consist of the urgency signal and the distinctive signal as de- scribed in the
p.000118: International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40).
p.000118: 2. The radio message preceded by the urgency and distinctive signals mentioned in para- graph 1 shall be
p.000118: transmitted in English at appropriate intervals on a frequency or fre- quencies specified for this purpose in the Radio
p.000118: Regulations, and shall convey the fol- lowing data relating to the medical transports concerned:
p.000118: a) call sign or other recognized means of identification;
p.000118: b) position;
p.000118: c) number and type of vehicles;
p.000118: d) intended route;
p.000118: e) estimated time en route and of departure and arrival, as appropriate;
p.000118: f) any other information, such as flight altitude, guarded radio frequencies, languages used and secondary
p.000118: surveillance radar modes and codes.
p.000118: 3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications
p.000118: referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting Parties, the Parties to a conflict,
p.000118: or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of
p.000118: Frequency Alloca- tions in the Radio Regulations annexed to the International Telecommunication Con- vention, and
p.000118: publish selected national frequencies to be used by them for such com- munications. The International Telecommunication
p.000118: Union shall be notified of these frequencies in accordance with procedures approved by a World Administrative Radio
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:
p.000118: Article 12 — Other means of communication
p.000118: When two-way radiocommunication is not possible, the signals provided for in the Inter- national Code of Signals
p.000118: adopted by the International Maritime Organization or in the ap- propriate Annex to the Chicago Convention on
p.000118: International Civil Aviation of 7 December 1944, as amended from time to time, may be used.
p.000118:
p.000118: Article 13 — Flight plans
p.000118: The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as
p.000118: possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization.
p.000118:
p.000118: Article 14 — Signals and procedures for the interception of medical aircraft
p.000118: If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in
p.000118: accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by
p.000118: Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time,
p.000118: should be used by the intercepting and the medical aircraft.
p.000118:
p.000118: CHAPTER V
p.000118: Civil defence
p.000118:
p.000118: Article 15 — Identity card
p.000118: 1. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is
p.000118: governed by the relevant provisions of Article 2 of these Regulations.
...
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: 2. In accordance with the provisions of Chapter XIv, para. 4 of the International Mari- time Organization (IMO)
p.000118: International Code of Signals, vessels protected by the Ge- neva Conventions of 1949 and the Protocol should exhibit
p.000118: one or more flashing blue lights visible from any direction.
p.000118: 3. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as possible. The High
p.000118: Contracting Parties and, in particular, the Parties to the conflict which use lights of other colours should give
p.000118: notification of this.
p.000118:
p.000118: 100 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 4. The recommended blue colour is obtained when its chromaticity is within the bound- aries of the International
p.000118: Commission on Illumination (ICI) chromaticity diagram de- fined by the following equations:
p.000118: green boundary y = 0.065 + 0.805x white boundary y = 0.400 – x purple boundary x = 0.133 +
p.000118: 0.600y
p.000118: The recommended flashing rate of the blue light is between sixty and one hundred flash- es per minute.
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: Article 12 — Other means of communication
p.000118: When two-way radiocommunication is not possible, the signals provided for in the Inter- national Code of Signals
p.000118: adopted by the International Maritime Organization or in the ap- propriate Annex to the Chicago Convention on
p.000118: International Civil Aviation of 7 December 1944, as amended from time to time, may be used.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 101
p.000118:
p.000118:
p.000118: RESOLUTION 19
p.000118: Use of radiocommunications for announcing and identifying medical transports protected under the Geneva Conventions of
p.000118: 1949 and under the protocol additional to the Geneva Conventions of 12 august 1949, and relating to the protection of
p.000118: victims international armed conflicts (Protocol I)
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: Considering that:
p.000118: a) it is vital that distinctive and reliable communications be used for identifying, and announcing the movement of,
p.000118: medical transports,
p.000118: b) adequate and appropriate consideration will be given to communications related to the movement of a medical
p.000118: transport only if it is identified by an internation- ally recognized priority signal such as «Red Cross», «Humanity»,
p.000118: «Mercy» or other technically and phonetically recognizable term,
p.000118: c) the wide range of circumstances under which a conflict may occur makes it impos- sible to select in advance
p.000118: suitable radio frequencies for communications,
p.000118: d) the radio frequencies to be employed for communicating information relative to the identification and movement of
p.000118: medical transports must be made known to all parties who may use medical transports,
p.000118:
p.000118: Having noted:
p.000118: a) Recommendation No. 2 of the International Telecommunication Union (ITU) Plenipotentiary Conference, 1973,
p.000118: relating to the use of radiocommunications for announcing and identifying hospital ships and medical aircraft protected
p.000118: under the Geneva Conventions of 1949,
p.000118: b) Recommendation No. Mar2 – 17 of the International Telecommunication Union World Maritime Administrative Radio
p.000118: Conference, Geneva, 1974, relating to the use of radio-communications for marking, identifying, locating, and
p.000118: communicat- ing with the means of transport protected under the Geneva Conventions of 12 Au- gust 1949, concerning the
p.000118: protection of war victims and any additional instruments of those conventions, as well as for ensuring the safety of
p.000118: ships and aircraft of States not Parties to an armed conflict;
p.000118: c) the memorandum by the International Frequency Registration Board (IFRB), a per- manent organ of the International
p.000118: Telecommunication Union (ITU), relating to the need for national co-ordination on radiocommunication matters;
p.000118:
p.000118: 102 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Recognizing that:
p.000118: a) – the designation and use of frequencies, including the use of distress frequencies,
p.000118: – operating procedures in the Mobile Service,
p.000118: – the distress, alarm, urgency and safety signals, and
p.000118: – the order of priority of communications in the Mobile service
p.000118: are governed by the Radio Regulations annexed to the International Telecommuni- cation Convention;
p.000118: b) these Regulations may be revised only by a competent ITU World Administrative Radio Conference;
p.000118: c) the next competent World Administrative Radio Conference is planned for 1979 and that written proposals for the
p.000118: revision of the Radio Regulations should be sub- mitted by Governments about one year before the opening of the
p.000118: Conference,
p.000118: 1. Takes note with appreciation that a specific item hasbeen included on the agenda of the World Administrative
p.000118: Radio Conference, Geneva, 1979, which reads:
p.000118: “2.6 to study the technical aspects of the use of radiocommunications for marking, iden- tifying, locating and
p.000118: communicating with the means of medical transport protected un- der the 1949 Geneva Conventions and anyadditional
p.000118: instruments of these Conventions”;
p.000118: 2. Requests the President of the Conference to transmit this document to all Governments and organizations invited
p.000118: to the present Conference, together with the attachments representing the requirements, both for radio frequencies and
p.000118: for international recog- nition of an appropriate priority signal, which must be satisfied in the proceedings of a
p.000118: competent World Administrative Radio Conference;1
p.000118: 3. Urges the Governments invited to the present Conference to make, as a matter of ur- gency, the appropriate
p.000118: preparations for the World Administrative Radio Conference to be held in 1979 so that the vital requirements of
p.000118: communications for protected medical transports in armed conflicts may be adequately provided for in the Radio
p.000118: Regulations.
p.000118:
p.000118: Fifty-fourth plenary meeting
p.000118: 7 June 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 1 See Annex to this Resolution.
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 103
p.000118:
p.000118:
p.000118: ANNEX
p.000118: Articles 8, 9 and 10 of the Regulations contained in Annex I to Protocol I
p.000118: Article 8 — Radio signal
p.000118: 1. The radio signal shall consist of the urgency signal and the distinctive signal as de- scribed in the
p.000118: International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40).
p.000118: 2. The radio message preceded by the urgency and distinctive signals mentioned in para- graph 1 shall be
p.000118: transmitted in English at appropriate intervals on a frequency or fre- quencies specified for this purpose in the Radio
p.000118: Regulations, and shall convey the fol- lowing data relating to the medical transports concerned:
p.000118: a) call sign or other recognized means of identification;
p.000118: b) position;
p.000118: c) number and type of vehicles;
p.000118: d) intended route;
p.000118: e) estimated time en route and of departure and arrival, as appropriate;
p.000118: f) any other information, such as flight altitude, guarded radio frequencies, languages used and secondary
p.000118: surveillance radar modes and codes.
p.000118: 3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications
p.000118: referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting Parties, the Parties to a conflict,
p.000118: or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of
p.000118: Frequency Al- locations in the Radio Regulations annexed to the International Telecommunication Convention, and publish
p.000118: selected national frequencies to be used by them for such com- munications. The International Telecommunication
p.000118: Union shall be notified of these frequencies in accordance with procedures approved by a World Administrative
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
...
Social / Victim of Abuse
Searching for indicator trauma:
(return to top)
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;
...
Social / Women
Searching for indicator women:
(return to top)
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.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.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: 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: 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: 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.
...
Social / education
Searching for indicator education:
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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: 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
...
Searching for indicator educational:
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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: to armed conflicts and methods and means of warfare,
p.000118:
...
Social / ex-combatant
Searching for indicator combatant:
(return to top)
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.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.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: 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:
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: 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: 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:
p.000118: RESOLUTIONS
p.000118: ADOPTED AT THE FOURTH SESSION OF THE DIPLOMATIC CONFERENCE
p.000118:
p.000118:
p.000118: RESOLUTION 17
p.000118: Use of certain electronic and visual means of identification by medical aircraft protected under the Geneva Conventions
p.000118: of 1949 and under the protocol additional to the Geneva Conventions of 12 august 1949, and relating to
p.000118: the protection of victims international armed conflicts (Protocol I)
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: Considering that:
p.000118: a) in order to avoid their engagement by combatant forces there is an urgent need for both electronic and visual
p.000118: identification of medical aircraft in flight,
p.000118: b) the Secondary Surveillance Radar (SSR) systems has the capability of providing unique identification of aircraft
p.000118: and of en route flight details,
p.000118: c) the International Civil Aviation Organization is the most appropriate international body to designate SSR modes
p.000118: and codes in the range of circumstances envisaged,
p.000118: d) this Conference has agreed to the use of a flashing blue light as a means of visual identification to be employed
p.000118: only by aircraft exclusively engaged in medical trans- port,1
p.000118:
p.000118: Recognizing that the designation in advance of an exclusive, world-wide SSR mode and code for the identification of
p.000118: medical aircraft may not be possible owing to the extensive deploy- ment of the SSR system,
p.000118: 1. Requests the President of the Conference to transmit to the International Civil Aviation Organization this
p.000118: document, together with the attached documents of this Conference, inviting that Organization to:
p.000118: a) establish appropriate procedures for the designation, in case of an international armed conflict, of an exclusive
p.000118: SSR mode and code to be employed by medical air- craft concerned; and,
p.000118: b) note the agreement of this Conference to recognize the flashing blue light as a means of
p.000118: identification of medical aircraft, and provide for that use in the appropri- ate International Civil Aviation
p.000118: Organization documents;
p.000118:
p.000118: 1 See Annex to this Resolution.
p.000118:
p.000118: 96 RESOLUTIONS
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: 2. Urges the Governments invited to the present Conference to lend their full co-opera- tion to this endeavour in
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Social / parents
Searching for indicator parents:
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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: 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;
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Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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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: 1. The physical or mental health and integrity of persons who are in the power of the adverse Party or who are
...
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: 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
...
Social / sex worker
Searching for indicator prostitution:
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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: 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: 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;
...
General/Other / Dependent
Searching for indicator dependent:
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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: 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:
p.000118: Done at Geneva, on 10 June 1977, in Arabic, English, French, Russian and Spanish, the origi- nal and accompanying
p.000118: documents to be deposited in the Archives of the Swiss Confederation.
p.000118:
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
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General/Other / Incapacitated
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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
p.000118: 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are
...
General/Other / Other Country
Searching for indicator foreign country:
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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.
...
General/Other / Public Emergency
Searching for indicator emergency:
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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: 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: 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
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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: 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: 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:
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: 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: 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: 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: 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:
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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
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p.000118:
p.000118:
p.000118:
p.000118: Fig. 3: Model of identity card for civil defence personnel
p.000118: (format: 74 mm x 105 mm)
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 79
p.000118:
p.000118:
p.000118: Article 16 — International distinctive sign
p.000118: 1. The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is
p.000118: an equilateral blue triangle on an orange ground. A model is shown in Figure 4:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 4: Blue triangle on an orange ground
p.000118: 2. It is recommended that:
p.000118: a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange flag, armlet or
p.000118: tabard;
p.000118: b) one of the angles of the triangle be pointed vertically upwards;
p.000118: c) no angle of the triangle touch the edge of the orange ground.
p.000118: 3. The international distinctive sign shall be as large as appropriate under the circum- stances. The distinctive
p.000118: sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as
p.000118: far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as
p.000118: possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is
p.000118: reduced, the sign may be lighted or illuminated; it may also be made of ma- terials rendering it recognizable by
p.000118: technical means of detection.
p.000118:
p.000118: 80 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: CHAPTER VI
p.000118: Works and installations containing dangerous forces
p.000118: Article 17 — International special sign
p.000118: 1. The international special sign for works and installations containing dangerous forces, as provided for in
p.000118: Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the
p.000118: same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below.
p.000118: 2. The sign shall be as large as appropriate under the circumstances. When displayed over an extended surface it
p.000118: may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat
p.000118: surfaces or on flags so as to be visible from as many directions and from as far away as possible.
p.000118: 3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one
p.000118: radius of a circle. The flag shall be rectangular and shall have a white ground.
p.000118: 4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials
p.000118: rendering it recognizable by technical means of detection.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 5: International special sign for works and installations containing dangerous forces
p.000118:
...
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: 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
...
Orphaned Trigger Words
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: Article 53 Protection of cultural objects and of places of worship 39
p.000036: Article 54 Protection of objects indispensable
p.000036: to the survival of the civilian population 39
p.000036: Article 55 Protection of the natural environment 40
p.000036: Article 56 Protection of works and installations
p.000036: containing dangerous forces 40
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.000118: 1. The international special sign for works and installations containing dangerous forces, as provided for in
p.000118: Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the
p.000118: same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below.
p.000118: 2. The sign shall be as large as appropriate under the circumstances. When displayed over an extended surface it
p.000118: may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat
p.000118: surfaces or on flags so as to be visible from as many directions and from as far away as possible.
p.000118: 3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one
p.000118: radius of a circle. The flag shall be rectangular and shall have a white ground.
p.000118: 4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials
p.000118: rendering it recognizable by technical means of detection.
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118:
p.000118: Fig. 5: International special sign for works and installations containing dangerous forces
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 81
p.000118:
p.000118:
p.000118: ANNEX II
p.000118: IDENTITY CARD FOR JOURNALISTS
p.000118: ON DANGEROUS PROFESSIONAL MISSIONS Front
p.000118:
p.000118: 82 ADDITIONAL PROTOCOL I OF 1977
p.000118:
p.000118:
p.000118: Reverse side
p.000118:
p.000118: PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 83
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 NON-INTERNATIONAL ARMED CONFLICTS
p.000118: (PROTOCOL II), OF 8 JUNE 1977
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:
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: International Committee of the Red Cross and intended to supplement the four Geneva Conventions of 12 August 1949.
p.000118:
p.000118: One hundred and twenty-four States were represented at the first session of the Conference, 120 States at the second
p.000118: session, 107 States at the third session and 109 States at the fourth session.
p.000118:
p.000118: In view of the paramount importance of ensuring broad participation in the work of the Conference, which was of a
p.000118: fundamentally humanitarian nature, and because the progressive development and codification of international
p.000118: humanitarian law applicable in armed conflicts is a universal task in which the national liberation movements
p.000118: recognized by the regional intergovernmental organizations concerned can contribute positively, the Conference by its
p.000118: resolution 3 (I) decided to invite also the national liberation movements to participate fully in the deliberations of
p.000118: the Conference and its Main Committees, it being understood that only delegations representing States were entitled to
p.000118: vote.
p.000118:
p.000118: The International Committee of the Red Cross, which had prepared the two draft Additional Protocols, participated in
p.000118: the work of the Conference in an expert capacity.
p.000118:
p.000118: The Conference drew up the following instruments:
p.000118: 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) and Annexes I and II;
p.000118: Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of victims of
p.000118: Non-International Armed Conflicts (Protocol II).
p.000118:
p.000118: These Additional Protocols were adopted by the Conference on 8 June 1977. They will be submitted to Governments for
p.000118: consideration and will be open for signature on 12 December 1977, at Berne, for a period of twelve months, in
p.000118: accordance with their provisions. These ins- truments will also be open for accession, in accordance with their
p.000118: provisions.
p.000118:
p.000118: Done at Geneva, on 10 June 1977, in Arabic, English, French, Russian and Spanish, the origi- nal and accompanying
p.000118: documents to be deposited in the Archives of the Swiss Confederation.
p.000118:
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
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| armed forces | Soldier |
| arrest | person under arrest |
| arrested | person under arrest |
| authority | Relationship to Authority |
| belief | Religion |
| child | Child |
| children | Child |
| coerce | Presence of Coercion |
| combatant | ex-combatant |
| conviction | Religion |
| criminal | criminal |
| dependent | Dependent |
| detained | person in detention center |
| disability | Mentally Disabled |
| education | education |
| educational | education |
| emergency | Public Emergency |
| ethnic | Ethnicity |
| family | Motherhood/Family |
| foreign country | Other Country |
| home | Property Ownership |
| ill | ill |
| incapable | Mentally Incapacitated |
| incapacitated | Incapacitated |
| language | Linguistic Proficiency |
| liberty | Incarcerated |
| military | Soldier |
| mothers | Mothers |
| nation | stateless persons |
| native | Indigenous |
| occupation | Occupation |
| opinion | philosophical differences/differences of opinion |
| parents | parents |
| party | political affiliation |
| physically | Physically Disabled |
| police | Police Officer |
| political | political affiliation |
| pregnant | Pregnant |
| prison | Incarcerated |
| prisoner of war | Prisoner of War |
| prisoners | Criminal Convictions |
| property | Property Ownership |
| prosecuted | Prosecuted |
| prostitution | sex worker |
| race | Racial Minority |
| racial | Racial Minority |
| racist | Racial Minority |
| religion | Religion |
| religious | Religion |
| restricted | Incarcerated |
| sick | Physically Ill |
| single | Marital Status |
| stateless | stateless persons |
| substance | Drug Usage |
| threat | Threat of Stigma |
| trauma | Victim of Abuse |
| unconscious | Unconscious People |
| union | Trade Union Membership |
| violence | Threat of Violence |
| women | Women |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| armed forces | ['military'] |
| arrest | ['arrested'] |
| arrested | ['arrest'] |
| belief | ['conviction', 'religion', 'religious'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['belief', 'religion', 'religious'] |
| education | ['educational'] |
| educational | ['education'] |
| home | ['property'] |
| liberty | ['prison', 'restricted'] |
| military | ['armedXforces'] |
| nation | ['stateless'] |
| party | ['political'] |
| political | ['party'] |
| prison | ['liberty', 'restricted'] |
| property | ['home'] |
| race | ['racial', 'racist'] |
| racial | ['race', 'racist'] |
| racist | ['race', 'racial'] |
| religion | ['belief', 'conviction', 'religious'] |
| religious | ['belief', 'conviction', 'religion'] |
| restricted | ['liberty', 'prison'] |
| stateless | ['nation'] |
Trigger Words
capacity
coercion
consent
cultural
ethics
harm
protect
protection
risk
self-determination
volunteer
Applicable Type / Vulnerability / Indicator Overlay for this Input