Legal advisers in armed forcesThe High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject.Art 83. State parties (169) - State signatories (3) The only provision applicable to non-international armed conflicts before the adoption of the . Rue de Lausanne 120B, Case Postale 1063, 1211 Genve 1 2022, Geneva Academy of International Humanitarian Law and Human Rights, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, Excerpts of the 1977 Additional Protocol II to the Geneva Conventions (pdf), Projectile Electric-Shock Weapons (Tasers), 2003 Elements for Effective Legislation on Arms Brokering, 2003 Elements on Man-Portable Air Defence Systems, International Small Arms Control Standards (ISACS), Commission of Inquiry on Syria (Human Rights Council). Civilians and civilian populationArt 50. In spite of these disagreements, in a resolution (Resolution 22 (IV)) on the Follow-up regarding conventional weapons prohibition or restriction of use of certain weapons the CDDH expressed its conviction that. According to its Article 1, the Protocol applies to armed conflicts which take place 'in the territory' of a state party 'between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement th[e] Protocol. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.2. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Article 36 of Additional Protocol I provides: [ I ]n the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party. Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency.4. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. Precautions in attack1. According to that resolution, agreement existed on the desirability of prohibiting the use of conventional weapons, the primary effect of which is to injure by fragments not detectable by X-ray. The special protection against attack provided by paragraph 1 shall cease:(a) for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;(b) for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;(c) for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.3. These organizations shall not be required to give priority to the nationals or interests of that Power.2. 36 reflects customary law today is uncertain, but it is clearly in every states interest to review the legality of its weapons. According to the ICRC, it is a rule of customary IHL, applicable in international and non-international armed conflicts, that [t]he use of methods or means of warfare that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment is prohibited and that the [d]estruction of the natural environment may not be used as a weapon.ICRC, Customary IHL Study, 2005, Rule 45. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health:(a) making the civilian population or individual civilians the object of attack;(b) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);(c) launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);(d) making non-defended localities and demilitarized zones the object of attack;(e) making a person the object of attack in the knowledge that he is hors de combat;(f) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol.4. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. In connection with measures aimed at strengthening the protection of civilian populations against dangers of hostilities, these experts discussed concerns raised by 'blind' weapons or those causing unnecessary suffering.Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts Geneva, 24 May - 12 June 1971, Report submitted by the ICRC, ICRC, 1971, 19. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.2. In 1973, a report prepared by the UN Secretary-General on existing rules of international law concerning the prohibition or restriction of use of specific weapons proposed three general criteria for identifying the (il-)legality of weapons: unnecessary suffering or superfluous injury, indiscriminate effects, and whether the weapon kills treacherously.UN doc. (a) The Chamber set up under paragraph 3 to undertake an inquiry shall invite the Parties to the conflict to assist it and to present evidence. Acting on this mandate, the ICRC convened a Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts that met in Geneva between 24 May and 12 June 1971. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.Art 86. They must not be allowed to take part in hostilities. One scholar has argued that whereas the prohibition on indiscriminate attacks in Art. JournalistsArt 79. PDF | On Nov 2, 2022, Amade Roberts Amana published The Protection of Prisoners of War in International Armed Conflicts | Find, read and cite all the research you need on ResearchGate In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes.8. Beginning and end of applicationWithout prejudice to the provisions which are applicable at all times:(a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol. Civilian civil defence organizations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this section. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.2. The Protocols took four years, the Conventions only four months. - Protection of the civilian population1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. State parties (174) - State signatories (3) The present Protocol brings mainly the following innovations: Prisoners of war who cannot be cared for must be set free. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. The following acts are examples of perfidy:(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;(b) the feigning of an incapacitation by wounds or sickness;(c) the feigning of civilian, non-combatant status; and(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.2. The final version of 1977 Additional Protocol II does not contain provisions specific to means or methods of warfare, although such provisions were included in earlier drafts. It applies both in situations of international and non-international armed conflict. For an introduction to the Martens clause and a bibliography, see V. Koutroulis, Martens Clause, in Oxford Bibliographies in International Law, last updated 24 July 2013. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men's quarters. There is, however, ongoing debate about how exactly the Martens Clause contributes to the regulation of weapons under international law. The term includes:i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations;ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict;iii) medical personnel or medical units or medical transports described in Article 9, paragraph 2.d) "Religious personnel" means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:i) to the armed forces of a Party to the conflict;ii) to medical units or medical transports of a Party to the conflict;iii) to medical units or medical transports described in Article 9, Paragraph 2; oriv) to civil defence organizations of a Party to the conflict.The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under k) apply to them;e) "Medical units" means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment - including first-aid treatment - of the wounded, sick and shipwrecked, or for the prevention of disease. The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.9. Part IV. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.2. International Committee of the Red Cross, Donate to Israel and the occupied territory, The Geneva Conventions and their Commentaries, National Implementation of IHL: Documentation, The triple threat of climate change, conflict, and health emergencies: A deadly mix for the most vulnerable in fragile settings, Syria and Lebanon hit by cholera: Preventing the collapse of essential infrastructure is imperative to avoid devastating health and humanitarian consequences, ICRC proposes digital red cross/crescent emblem to signal protection in cyberspace, Climate change, conflict force communities in the Sahel region into desperate state. This Protocol, which de velops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Reunion of dispersed familiesThe High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations.Art 75. Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such.4. he First Convention was the landmark treaty that inaugurated the trend of codiied (or "positive") international law to protect the victims of war. The civilian population comprises all persons who are civilians.3. Additional Protocol I to the Geneva Conventions applies in situations of international armed conflict, including wars of national liberation (Art. This article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention.8. Prohibition of Perfidy1. At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which each of those High Contracting Parties may nominate one person;(c) The members of the Commission shall serve in their personal capacity and shall hold office until the election of new members at the ensuing meeting;(d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured;(e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding subparagraphs;(f) The depositary shall make available to the Commission the necessary administrative facilities for the performance of its functions.2. Each Party shall respect the person, honour, convictions and religious practices of all such persons.2. General principles and scope of application1. "Contact zone" means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.Art 27. View PDF Flyer Get Permissions Contents . It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Download Geneva Conventions Of 12 August 1949 And Additional Protocols Of 8 June 1977 Ratifications Accessions And Successions PDF/ePub, Mobi eBooks by Click Download or Read Online button. The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (CDDH), convened by Switzerland, met four times in Geneva between 1974 and 1977.From 20 February to 29 March 1974, from 3 February to 18 April 1975, from 21 April to 11 June 1976 and from 17 March to 10 June 1977. 36 and the principles laid down in Arts. The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose.4. This is the old version of the H2O platform and is now read-only. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.4. However, a small number of states have made reservations as to the applicability of the Protocols new rules (those that were not part of customary IHL in 1977) to nuclear weapons.Which rules of the Protocol were 'new' in 1977 is an open question. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. 1977 Additional Protocol I to the Geneva Conventions. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize the use of distinctive signals to identify medical units and transports. Fundamental guarantees1. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an inquiry, they are exercised by a person who is not a national of a Party to the conflict.7. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons.Art 16. Combatants and Prisoners of WarArt 43. This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict.8. Children and adolescents must be protected from the effects of war. 30.11.1993. Field of applicationThe provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict.Art 73. See, e.g., M. Brehm, International Humanitarian Law and the Protection of Civilians from the Effects of Explosive Weapons, in C. Harvey et al. The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities, within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned.2. They shall be under the immediate supervision of women. The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situation in loco;(b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission;(c) Each Party shall have the right to challenge such evidence.5.
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