Protocol II
Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments.
As of 14 January 2007, the Protocol had been ratified by 163 countries, with the United States, Israel, Iran, Pakistan and Afghanistan 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.[1]
Introduction
Historically, international law of armed conflict addressed traditional declarations of war between nations. When the Geneva Conventions were updated in 1949 after the Second World War, delegates sought to define certain minimum humanitarian standards to situations that had all the characteristics of war, without being an international war.[2]
These negotiations resulted in Article 3, common to all four of the basic treaties of the Geneva Conventions of 1949. Common Article 3 applies to armed conflicts that are not of an international character, but that are contained within the boundaries of a single country. It provides limited protections to victims, including:
- Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
- The wounded and sick shall be collected and cared for.
By the 1970s, diplomats were attempting to negotiate clarifications to the brief language of Article 3, and to extend the scope of international law to cover additional humanitarian rights in the context of internal conflicts. These efforts resulted in Protocol II of the Geneva Conventions. The debate over this protocol centered on two conflicting ideas.[3] First, that the distinction between internal and international armed conflict is artificial from the point of view of a victim. Humanitarian principles should apply regardless of the identity of the combatants. Second, that international law does not apply to non-international situations. A nation has sovereignty within its borders, and must not accept judgments by and orders from other countries.
See also
- Geneva Conventions
- First Geneva Convention of 1864, on the treatment of battlefield casualties.
- Second Geneva Convention of 1906, on the treatment of casualties in war at sea.
- Third Geneva Convention of 1929, on the treatment of prisoners of war.
- Fourth Geneva Convention of 1949, on the treatment of civilians during wartime.
- Protocol I, a 1977 amendment addressing the protection of victims in international conflicts.
- Protocol III, a 2005 amendment specifying the adoption of the Red Crystal emblem.
References
- ^ "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.
- ^ Pictet, Jean (1958). Geneva Conventions of 12 August 1949: Commentary. International Committee of the Red Cross. Retrieved 2009-08-06.
- ^ Levie, Howard (1987). The Law of non-international armed conflict: Protocol II to the 1949 Geneva convention. Martinus Nijhoff Publishers. Retrieved 2009-08-06.
External links
- Committee of the Red Cross: Full text of Protocol II with commentaries
- List of countries that have ratified Protocol II
- List of countries that have signed but not yet ratified Protocol II
- International Review of the Red Cross, 1997 - No. 320 Special issue: 20th anniversary of the 1977 Additional Protocols
- President Reagan's message to the Senate on Protocols I & II
- Geneva Conventions
- Treaties concluded in 1977
- Treaties entered into force in 1978
- Treaties of Afghanistan
- Treaties of the Republic of Albania
- Treaties of Algeria
- Treaties of Angola
- Treaties of Antigua and Barbuda
- Treaties of Argentina
- Treaties of Armenia
- Treaties of Australia
- Treaties of the Second Austrian Republic
- Treaties of the Bahamas
- Treaties of Bahrain
- Treaties of Bangladesh
- Treaties of Barbados
- Treaties of the Byelorussian Soviet Socialist Republic
- Treaties of Belgium
- Treaties of Belize
- Treaties of Benin
- Treaties of Bolivia
- Treaties of Bosnia and Herzegovina
- Treaties of Botswana
- Treaties of Brazil
- Treaties of Brunei
- Treaties of the People's Republic of Bulgaria
- Treaties of Burkina Faso
- Treaties of Burundi
- Treaties of Cambodia
- Treaties of Cameroon
- Treaties of Canada
- Treaties of Cape Verde
- Treaties of the Central African Republic
- Treaties of Chad
- Treaties of Chile
- Treaties of the People's Republic of China
- Treaties of Colombia
- Treaties of Comoros
- Treaties of the Democratic Republic of the Congo
- Treaties of the Republic of the Congo
- Treaties of the Cook Islands
- Treaties of Costa Rica
- Treaties of Côte d'Ivoire
- Treaties of the Republic of Croatia
- Treaties of Cuba
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of Czechoslovakia
- Treaties of Denmark
- Treaties of Djibouti
- Treaties of Dominica
- Treaties of the Dominican Republic
- Treaties of East Timor
- Treaties of Ecuador
- Treaties of Egypt
- Treaties of El Salvador
- Treaties of Equatorial Guinea
- Treaties of Estonia
- Treaties of Ethiopia
- Treaties of Fiji
- Treaties of Finland
- Treaties of the French Fifth Republic
- Treaties of Gabon
- Treaties of the Gambia
- Treaties of Georgia (country)
- Treaties of the Federal Republic of Germany
- Treaties of Ghana
- Treaties of the Third Hellenic Republic
- Treaties of Grenada
- Treaties of Guatemala
- Treaties of Guinea
- Treaties of Guinea-Bissau
- Treaties of Guyana
- Treaties of Haiti
- Treaties of the Holy See
- Treaties of Honduras
- Treaties of the People's Republic of Hungary
- Treaties of Iceland
- Treaties of Ireland
- Treaties of the Italian Republic
- Treaties of Jamaica
- Treaties of Japan
- Treaties of Jordan
- Treaties of Kazakhstan
- Treaties of Kenya
- Treaties of South Korea
- Treaties of Kuwait
- Treaties of Kyrgyzstan
- Treaties of Laos
- Treaties of Latvia
- Treaties of Lebanon
- Treaties of Lesotho
- Treaties of Liberia
- Treaties of Libya
- Treaties of Liechtenstein
- Treaties of Lithuania
- Treaties of Luxembourg
- Treaties of the Republic of Macedonia
- Treaties of Madagascar
- Treaties of Malawi
- Treaties of the Maldives
- Treaties of Mali
- Treaties of Malta
- Treaties of Mauritania
- Treaties of Mauritius
- Treaties of the Federated States of Micronesia
- Treaties of Moldova
- Treaties of Monaco
- Treaties of Mongolia
- Treaties of Montenegro
- Treaties of Mozambique
- Treaties of Namibia
- Treaties of Nauru
- Treaties of the Kingdom of the Netherlands
- Treaties of New Zealand
- Treaties of Nicaragua
- Treaties of Niger
- Treaties of Nigeria
- Treaties of Norway
- Treaties of Oman
- Treaties of Palau
- Treaties of Panama
- Treaties of Paraguay
- Treaties of Peru
- Treaties of the Philippines
- Treaties of the Third Polish Republic
- Treaties of the Portuguese Third Republic
- Treaties of Qatar
- Treaties of Romania
- Treaties of Rwanda
- Treaties of Saint Kitts and Nevis
- Treaties of Saint Lucia
- Treaties of Saint Vincent and the Grenadines
- Treaties of Samoa
- Treaties of San Marino
- Treaties of São Tomé and Príncipe
- Treaties of Saudi Arabia
- Treaties of Senegal
- Treaties of Serbia and Montenegro
- Treaties of Seychelles
- Treaties of Sierra Leone
- Treaties of Slovakia
- Treaties of Slovenia
- Treaties of the Solomon Islands
- Treaties of the Republic of South Africa
- Treaties of the Soviet Union
- Treaties of the Kingdom of Spain (1975–)
- Treaties of Sudan
- Treaties of Suriname
- Treaties of Swaziland
- Treaties of Sweden
- Treaties of the Swiss Confederation
- Treaties of Tajikistan
- Treaties of Tanzania
- Treaties of Togo
- Treaties of Tonga
- Treaties of Trinidad and Tobago
- Treaties of Tunisia
- Treaties of Turkmenistan
- Treaties of Uganda
- Treaties of the Ukrainian Soviet Socialist Republic
- Treaties of the United Arab Emirates
- Treaties of the United Kingdom
- Treaties of Uruguay
- Treaties of Uzbekistan
- Treaties of Vanuatu
- Treaties of Venezuela
- Treaties of Yemen
- Treaties of the Socialist Federal Republic of Yugoslavia
- Treaties of Zambia
- Treaties of Zimbabwe