Various Authors

Geneva Convention — Protocol I

Published by Good Press, 2021
goodpress@okpublishing.info
EAN 4064066458911

Table of Contents


Preamble
Part I. General Provisions
Art 1. General principles and scope of application
Art 2. Definitions
Art 3. Beginning and end of application
Art 4. Legal status of the Parties to the conflict
Art 5. Appointment of Protecting Powers and of their substitute
Art 6. Qualified persons
Article 7. Meetings
Part II. Wounded, Sick and Shipwrecked
Section I: General Protection
Art 8. Terminology
Art 9. Field of application
Art 10. Protection and care
Article 11. Protection of persons
Art 12. Protection of medical units
Art 13. Discontinuance of protection of civilian medical units
Art 14. Limitations on requisition of civilian medical units
Art 15. Protection of civilian medical and religious personnel
Art 16. General protection of medical duties
Art 17. Role of the civilian population and of aid societies
Art 18. Identification
Art 19. Neutral and other States not Parties to the conflict
Art 20. Prohibition of reprisals
Section II: Medical Transportation
Art 21. Medical vehicles
Art 22. Hospital ships and coastal rescue craft
Art 23. Other medical ships and craft
Art 24. Protection of medical Aircraft
Art 25. Medical aircraft in areas not controlled by an adverse Party
Art 26. Medical aircraft in contact or similar zones
Art 27. Medical aircraft in areas controlled by an adverse Party
Art 28. Restrictions on operations of medical aircraft
Art 29. Notifications and agreements concerning medical aircraft
Art 30. Landing and inspection of medical aircraft
Art 31. Neutral or other States not Parties to the conflict
Section III: Missing and Dead Persons
Art 32. General principle
Art 33. Missing persons
Art 34. Remains of deceased
Part III. Methods and Means of Warfare Combatant and Prisoners-Of-War
Section I. Methods and Means of Warfare
Art 35. Basic rules
Art 36. New weapons
Art 37. Prohibition of Perfidy
Art 38. Recognized emblems
Art 39. Emblems of nationality
Art 40. Quarter
Art 41. Safeguard of an enemy hors de combat
Article 42 - Occupants of aircraft
Section II. Combatants and Prisoners of War
Art 43. Armed forces
Art 44. Combatants and prisoners of war
Art 45. Protection of persons who have taken part in hostilities
Art 46. Spies
Art 47. Mercenaries
Part IV. Civilian Population
Section I. General Protection Against Effects of Hostilities
Chapter I. Basic rule and field of application
Chapter II. Civilians and civilian population
Chapter III. Civilian objects
Chapter IV. Precautionary measures
Chapter V. Localities and zones under special protection
Chapter VI. Civil defence
Section II. Relief in Favour of the Civilian Population
Art 68. Field of application
Art 69. Basic needs in occupied territories
Art 70. Relief actions
Art 71. Personnel participating in relief actions
Section III. Treatment of Persons in the Power of a Party to the Conflict
Chapter I. Field of application and protection of persons and objects
Chapter II. Measures in favour of women and children
Chapter III. Journalists
Part V. Execution of the Conventions and of its Protocols
Section I. General Provisions
Art 80. Measures for execution
Art 82. Legal advisers in armed forces
Art 83. Dissemination
Art 84. Rules of application
Section II. Repression of Breaches of the Conventions and of this Protocol
Article 85 - Repression of breaches of this Protocol
Art 86. Failure to act
Art 87. Duty of commanders
Art 88. Mutual assistance in criminal matters
Art 89. Co-operation
Art 90. International Fact-Finding Commission
Art 91. Responsibility
Part IV. Final Resolutions
Art 92. Signature
Art 93. Ratification
Art 94. Accession
Art 95.- Entry into force
Art 96. Treaty relations upon entry into force or this Protocol
Art 97. Amendment
Art 98. Revision of Annex I
Article 99 - Denunciation
Article 100 - Notifications
Art 101. Registration
Art 102. Authentic texts
ANNEX I AS AMENDED ON 30 NOVEMBER 1993: REGULATIONS CONCERNING IDENTIFICATION
[Former] Annex I. Regulations Concerning Identification (for explanations, see the introduction:)
Annex II. Identity Card for Journalists on Dangerous Professional Missions

Preamble

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The High Contracting Parties,

Proclaiming their earnest wish to see peace prevail among peoples,

Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,

Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,

Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations,

Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,

Have agreed on the following:

Part I. General Provisions

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Art 1. General principles and scope of application

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1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

2. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.

3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.

4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.


Art 2. Definitions

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For the purposes of this Protocol (a) "First Convention", "Second Convention", "Third Convention" and "Fourth Convention" mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Ship-wrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; "the Conventions" means the four Geneva Conventions of 12 August 1949 for the protection of war victims;

(b) "Rules of international law applicable in armed conflict" means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict;

(c) "Protecting Power" means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol;

(d) "Substitute" means an organization acting in place of a Protecting Power in accordance with Article 5.


Art 3. Beginning and end of application

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Without 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.

(b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release repatriation or re-establishment.


Art 4. Legal status of the Parties to the conflict

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The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question.


Art 5. Appointment of Protecting Powers and of their substitute

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1. 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. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.

2. From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same purpose, permit the activities or a Protecting Power which has been accepted by it as such after designation by the adverse Party.

3. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may inter alia ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party and ask each adverse Party to provide a list or at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt or the request; it shall compare them and seek the agreement of any proposed State named on both lists.

4. 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. The functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol.

5. In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory.

6. The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a Party's interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol.

7. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.


Art 6. Qualified persons

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1. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.

2. The recruitment and training of such personnel are within domestic jurisdiction.

3. 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. The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned.


Article 7. Meetings

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