1977 additional protocols to the geneva conventions pdf
1977 additional protocols to the geneva conventions pdf
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1977 additional protocols to the geneva conventions pdf
A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks.3. The death penalty for such offences shall not be executed on such women.Art 77. Protection of cultural objects and of places of worshipWithout prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:(a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;(b) to use such objects in support of the military effort;(c) to make such objects the object of reprisals.Art 54. There is, thus, not only a strong link between Art. 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. Geneva Convention (I) on Wounded and Sick in Armed Forces in the Field,1949 and its commentary . Understanding this, governments from around the world adopted new rules of international law in 1977 to improve the protection that civilians are entitled to in wartime. Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board.3. 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). In wartime, civilians suffer the most. Declaration provided for under Article 90 of 1977 Additional Protocol I (prior acceptance of the competence of the International Fact-Finding Commission). the Statement by Mr. Gribanov (USSR), in Summary Records of the Ad Hoc Committee on Conventional Weapons, Official Records of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974 1977), Vol. Thank you. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. . Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.4. - Protection of the civilian population1. This card, which shall be issued by the government of the State of which the Journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.Part V. Execution of the Conventions and of its ProtocolsSection I. 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 fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.Art 87. The Additional Protocols include rules especially designed to protect both civilians and combatants. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.3. Identification1. In the absence of a weapon-specific treaty, it is unclear which weapons are by nature indiscriminate. 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. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population.Section II. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay down the methods of supervision.6. This year marks the 40th anniversary of the adoption of the 1977 Additional Protocols to the 1949 Geneva Conventions. Civilian objects are all objects which are not military objectives as defined in paragraph 2.2. They significantly improve the legal protection covering civilians and the wounded, and - for the first time - lay down detailed humanitarian rules that apply in civil wars. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. General principleIn the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.Art 33. 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 tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. 1) Ratification : a treaty is generally open for signature for a certain time following the conference which has adopted it. closely follows the provisions of the first Geneva Convention in structure and content. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.6. Such personnel shall be respected and protected.3. It has one annex containing a model identity card for medical and religious personnel.Text of the Second Geneva Convention>The Third Geneva Convention applies to Medical vehiclesMedical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.Art 22. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities .6. 3-21 THE NEW LAW OF ARMED CONFLICT : A LECTURE [.] In addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. Safeguarding Cultural Property and the 1954 Hague Convention - January 2022 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem.6. Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.3. Additional Protocols To The Geneva Conventions Pdf Swim. Neutral and other States not Parties to the conflictNeutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find.Art 20. Title. These records shall be available at all times for inspection by the Protecting Power.Art 12 Protection of medical units1. Basic ruleIn order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.Art 49. 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. Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organizations. International Review of the Red Cross (1961 - 1997) Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 Published online by Cambridge University Press: 13 January 2010 Article Metrics Rights & Permissions Abstract An abstract is not available for this content so a preview has been provided. Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay.Art 70. Members of the armed forces and military units assigned to civil defence organizations1. In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence organizations of neutral or other States not Parties to the conflict and of international co-ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory.Art 65. Regulations for the compulsory notification of communicable diseases shall, however, be respected.Art 17. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol.2. The law of the High Contracting Party requested shall apply in all cases. In addition, chemical components of certain material war remnants can have permanent harmful effects on humans, animals, vegetation, water, land and the ecosystem as a whole.Y. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.4. The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3.5. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.Art 39. In the absence of the agreements provided for in paragraph 2 (b) or (c) and if the home country or such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country. Evacuation of children1. Articles 62, 63, 65 and 66 shall also apply to the personnel and matriel of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. 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. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.2. 57(2)(a)(ii)) of the Protocol, as well as the prohibition on disproportionate attacks reflected in Art. Measures for execution1. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. It shall be responsible for all acts committed by persons forming part of its armed forces. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.5. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party.3. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol [Article 17 of Amended Annex]. Combatants and Prisoners of WarArt 43. The following shall not be considered as acts harmful to the enemy:(a) that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge;(b) that the unit is guarded by a picket or by sentries or by an escort;(c) that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units;(d) that members of the armed forces or other combatants are in the unit for medical reasons.Art 14 - Limitations on requisition of civilian medical units1. In addition to provisions explicitly pertaining to weapons (or means of warfare), the Protocol also sets out rules governing the conduct of hostilities, which have implications for the legality of the use of weapons in certain circumstances. 1. Women and children must be respected and protected from any form of indecent assault. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.5. Geneva Academy of International Humanitarian Law and Human Rights 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. Article 35 sets out basic rules on methods and means of warfare, codifying principles articulated previously, including in the 1868 St. Petersburg Declaration and in the Hague Regulations annexed to 1899/1907 Hague Convention IV. Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.4. 414.) In occupied territories, civilian civil defence organizations shall receive from the authorities the facilities necessary for the performance of their tasks. 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. Revision of Annex I1. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. The matriel and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.Chapter VI. Article 4 on 'Fundamental guarantees' contains a prohibition on ordering that there shall be no survivors (the rule on giving quarter), which has implications for the legality of some means or methods of warfare. Pursuant to Article 1(1) of Additional Protocol I, states parties to the protocol undertake to respect and to ensure respect for [the] Protocol in all circumstances. It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.Art 36. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.Art 40. ), The Human Dimension of International Law: Selected Papers of Antonio Cassese, 2008, 173.) 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. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.Art 38. ResponsibilityA Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. The application of the provisions of paragraphs 1 to 5 of this article is governed by Chapters I to III of Annex I to this Protocol. and Waldemar A. Solf, New Rules for Victims of Armed Conflict: Commentaries on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, Nijhoff, The Hague, 1982, p. 347. . This is the old version of the H2O platform and is now read-only. The Encyclopedia is a project of the Geneva Academy of International Humanitarian Law and Human Rights launched on 2 December 2013. The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party.2. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.2. Armed forces1. Whenever an evacuation occurs pursuant to paragraph 1, each child's education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity.3. Nevertheless they shall obey any summons to land or to alight on water, as appropriate.2. The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal matters.Art 89. Treatment of Persons in the Power of a Party to the ConflictChapter I. At the second session of the Conference of Government Experts, in 1972, the ICRC was asked to consult legal, military and medical experts on the use of certain conventional weapons that may cause unnecessary suffering or have indiscriminate effects.Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Second session, Geneva, 3 May 3 June 1972), Report on the Work of the Conference, Vol. Attacks against the natural environment by way of reprisals are prohibited.Art 56. (International Court of Justice,Legality of the Threat or Use of Nuclear Weapons,Written Statement of theGovernment of the United States of America, 20 June 1995, 25.) Protection of objects indispensable to the survival of the civilian population1. ln and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. According to the ICRC, herbicides can be prohibited on this basis, and, in the view of many, nuclear weapons can as well.ICRC, Customary IHL Study, 2005, Rule 76. Unless otherwise specified, the terms "medical personnel", "medical units" and "medical transports" cover both permanent and temporary categories;l) "Distinctive emblem" means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies;m) "Distinctive signal" means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol. The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2.4. Today, the vast majority of the Protocols provisions are widely considered to reflect customary IHL, including the Protocols provisions on the use of weapons, means or methods of warfare (rules governing the conduct of hostilities) and the weapon-specific provisions of Article 35. A mercenary shall not have the right to be a combatant or a prisoner of war.2. Regulations Concerning Identification[ Link ](for explanations, see the introduction:[ Link ])Annex II. See also, M. Bothe et al., New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, 2nd edn., M. Nijhoff, Leiden, Boston, 2013, 217-21; R. Baxter, Humanitarian Law and Humanitarian Politics? According to one commentary on Protocol I, the principle refers to limitations on the choice of methods and means of warfare stemming from rules that specifically prohibit or restrict the use of particular weapons (e.g. Civilian objects shall not be the object of attack or of reprisals. Both the Agenda for Humanitarian Action adopted in Resolution 1 at the 28th International Conference of the Red Cross and Red Crescent in 2003, and Resolution 3 adopted at the 30th International Conference in 2007 stressed that, in light of the obligation of states to respect and ensure respect for IHL, strict control of the availability of arms and ammunition is required so that they do not end up in the hands of those who may be expected to use them in violation of IHL.International Humanitarian Law and the challenges of contemporary armed conflicts, Report prepared by the International Committee of the Red Cross, 31st International Conference of the Red Cross and the Red Crscent, 2001, 47. TerminologyFor the purposes of this Protocol:a) "Wounded" and "sick" mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The civilian population as such, as well as individual civilians, shall not be the object of attack. The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution.Art 81. If the inspection discloses that the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the flight. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information:(a) surname(s) of the child;(b) the child's first name(s);(c) the child's sex;(d) the place and date of birth (or, if that date is not known, the approximate age);(e) the father's full name;(f) the mother's full name and her maiden name;(g) the child's next-of-kin;(h) the child's nationality;(i) the child's native language, and any other languages he speaks;(j) the address of the child's family;(k) any identification number for the child;(l) the child's state of health;(m) the child's blood group;(n) any distinguishing features;(o) the date on which and the place where the child was found;(p) the date on which and the place from which the child left the country;(q) the child's religion, if any;(r) the child's present address in the receiving country;(s) should the child die before his return, the date, place and circumstances of death and place of interment.Chapter III.
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