Protocol I
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Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War.
As of 8 June 2007, it had been ratified by 168 countries,[1] with the United States, Israel, Iran, Pakistan, Turkey, and Iraq being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977 with the intention of ratifying it. According to an appeal by the International Committee of the Red Cross in 1997, a number of the articles contained in both protocols are recognized as rules of customary international law valid for all states, whether or not they have ratified them.[2]
Summary of Provisions
Protocol I is an extensive document, containing 102 articles. Following is a basic overview of the protocol.[3] For a comprehensive listing of all provisions, consult the original text[4] and the commentary.[5] In general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the following additional protections are added.
- Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, and other materials needed for survival. Indiscriminate attacks include directly attacking civilian (non-military) targets, but also using technology such as biological weapons, nuclear weapons and land mines, whose scope of destruction cannot be limited.[5] A total war that does not distinguish between civilian and military targets is considered a war crime.
- Articles 56 and 53 outlaw attacks on dams, dikes, nuclear generating stations, and places of worship.
- Articles 76 and 77, 15 and 79 provide special protections for women, children, and civilian medical personnel, and provide measures of protection for journalists.
- Article 77 forbids conscription of children under age 15 into the armed forces. It does allow, however, for persons under the age of 15 to participate voluntarily.[5]
- Articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status is granted to members of dissident forces when under the command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as combatants while preparing for or during an attack.
- Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that "cause widespread, long-term, and severe damage to the natural environment."
- Article 85 states that it is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive the opposing forces (perfidy).
- Articles 17 and 81 authorize the ICRC, national societies, or other impartial humanitarian organizations to provide assistance to the victims of war.
See also
- Command responsibility
- Geneva Conventions
- List of parties to the Geneva Conventions
- First Geneva Convention of 1864, on the treatment of battlefield casualties.
- Jus in bello
- Targeted killing
References
- ^ "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". International Committee of the Red Cross.
- ^ "Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977". International Committee of the Red Cross.
- ^ "A Summary of the Geneva Conventions and Additional Protocols" (PDF). The American National Red Cross.
- ^ "Protocol Additional to the Geneva Conventions of 1 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". The American National Red Cross.
- ^ a b c "Commentary on the Additional Protocols to the Geneva Conventions" (PDF). International Committee of the Red Cross.
External links
- Full text of Protocol I
- List of countries that have signed but not yet ratified Protocol I
- International Review of the Red Cross, 1997 – No. 320 Special issue: 20th anniversary of the 1977 Additional Protocols
- 1977 Additional Protocols– short bibliography (by ICRC)
- "New rules for victims of armed conflicts, Commentary on the two 1977 Protocols additional to the Geneva Conventions of 1949", by M. Bothe, K.J.Partsch, W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982, ISBN 90-247-2537-2
- U.S. President Ronald Reagan's message to the Senate on Protocols I & II
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