Protocol Additional to the
PREAMBLE.
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
Art 1. General principles and scope of application
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 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
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
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
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
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
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
The depositary of this Protocol shall convene a meeting of the High Contracting
Parties, at the request of one or more of the said Parties and upon, the
approval of the majority of the said Parties, to consider general problems
concerning the application of the Conventions and of the Protocol.
Part. II WOUNDED, SICK AND SHIPWRECKED
Section I : General Protection
Art 8. Terminology
For 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. These terms also cover maternity cases, new-born babies
and other persons who may be in need of immediate medical assistance or care,
such as the infirm or expectant mothers, and who refrain from any act of hostility;
b) "Shipwrecked" means persons, whether military or civilian, who are
in peril at sea or in other waters as a result of misfortune affecting them or
the vessel or aircraft carrying them and who refrain from any act of hostility.
These persons, provided that they continue to refrain from any act of
hostility, shall continue to be considered shipwrecked during their rescue
until they acquire another status under the Conventions or this Protocol;
c) "Medical personnel" means those persons assigned, by a Party to
the conflict, exclusively to the medical purposes enumerated under e) or to the
administration of medical units or to the operation or administration of
medical transports. Such assignments may be either permanent or
temporary. 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; or
iv) 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 term includes for example, hospitals and other similar units,
blood transfusion centres, preventive medicine centres and institutes, medical
depots and the medical and pharmaceutical stores of such units. Medical units
may be fixed or mobile, permanent or temporary;
f) "Medical transportation" means the conveyance by land, water or
air of the wounded, sick, shipwrecked, medical personnel, religious personnel,
medical equipment or medical supplies protected by the Conventions and by this
Protocol;
g) "Medical transports" means any means of transportation, whether
military or civilian, permanent or temporary, assigned exclusively to medical
transportation and under the control of a competent authority of a Party to the
conflict;
h) "Medical vehicles" means any medical transports by land;
i) "Medical ships and craft" means any medical transports by water;
j) "Medical aircraft" means any medical transports by air;
k) "Permanent medical personnel", "permanent medical units"
and "permanent medical transports" mean those assigned exclusively to
medical purposes for an indeterminate period. "Temporary medical
personnel" "temporary medical-units" and "temporary medical
transports" mean those devoted exclusively to medical purposes for limited
periods during the whole of such periods. 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.
Art 9. Field of application
1. This Part, the provisions of which are intended to ameliorate the condition
of the wounded, sick and shipwrecked, shall apply to all those affected by a
situation referred to in Article 1, without any adverse distinction founded on
race, colour, sex, language, religion or belief political or other opinion,
national or social origin, wealth, birth or other status, or on any other
similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First Convention shall
apply to permanent medical units and transports (other than hospital ships, to
which Article 25 of the Second Convention applies) and their personnel made
available to a Party to the conflict for humanitarian
purposes:
(a) by a neutral or other State which is not a Party to that conflict;
(b) by a recognized and authorized aid society of such a State;
(c) by an impartial international humanitarian organization.
Art 10 Protection and care
1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall
be respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to
the fullest extent practicable and with the least possible delay, the medical
care and attention required by their condition. There shall be no distinction
among them founded on any grounds other than medical ones.
Article 11 - Protection of persons
1. The physical or mental health and integrity of persons who are in the power
of the adverse Party or who are interned, detained or otherwise deprived of
liberty as a result of a situation referred to in Article 1 shall not be
endangered by any unjustified act or omission. 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. It is, in particular, prohibited to carry out on such persons, even with
their consent:
(a) physical mutilations;
(b) medical or scientific experiments;
(c) removal of tissue or organs for transplantation, except where these acts
are justified in conformity with the conditions provided for in paragraph 1.
3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the
case of donations of blood for transfusion or of skin for grafting, provided
that they are given voluntarily and without any coercion or inducement, and
then only for therapeutic purposes, under conditions consistent with generally
accepted medical standards and controls designed for the benefit of both the
donor and the recipient.
4. 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 persons described in paragraph 1 have the right to refuse any surgical
operation. In case of refusal, medical personnel shall endeavour to obtain a
written statement to that effect, signed or acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for every donation of
blood for transfusion or skin for grafting by persons referred to in paragraph
1, if that donation is made under the responsibility of that Party. 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. These records shall be available at all times for inspection
by the Protecting Power.
Art 12 Protection of medical units
1. Medical units shall be respected and protected at all times and shall not be
the object of attack.
2. Paragraph 1 shall apply to civilian medical units, provided that they:
(a) belong to one of the Parties to the conflict;
(b) are recognized and authorized by the competent authority of one of the
Parties to the conflict; or
(c) are authorized in conformity with Article 9, paragraph 2, of this Protocol
or Article 27 of the First Convention.
3. The Parties to the conflict are invited to notify each other of the location
of their fixed medical units. The absence of such notification shall not exempt
any of the Parties from the obligation to comply with the provisions of
paragraph 1.
4. Under no circumstances shall medical units be used in an attempt to shield
military objectives from attack. Whenever possible, the Parties to the conflict
shall ensure that medical units are so sited that attacks against military
objectives do not imperil their safety.
Art 13. Discontinuance of protection of civilian medical units
1. The protection to which civilian medical units are entitled shall not cease
unless they are used to commit, outside their humanitarian function, acts
harmful to the enemy. 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. 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 units
1. The Occupying Power has the duty to ensure that the medical needs of the
civilian population in occupied territory continue to be satisfied.
2. The Occupying Power shall not, therefore, requisition civilian medical
units, their equipment, their materiel or the services of their personnel, so
long as these resources are necessary for the provision of adequate medical
services for the civilian population and for the continuing medical care of any
wounded and sick already under treatment.
3. Provided that the general rule in paragraph 2 continues to be observed, the
Occupying Power may requisition the said resources, subject to the following
particular conditions:
(a) that the resources are necessary for the adequate and immediate medical
treatment of the wounded and sick members of the armed forces of the Occupying
Power or of prisoners of war;
(b) that the requisition continues only while such necessity exists; and
(c) that immediate arrangements are made to ensure that the medical needs of
the civilian population, as well as those of any wounded and sick under
treatment who are affected by the requisition, continue to be satisfied.
Art 15. Protection of civilian medical and religious personnel
1. Civilian medical personnel shall be respected and protected.
2. If needed, all available help shall be afforded to civilian medical
personnel in an area where civilian medical services are disrupted by reason of
combat activity.
3. The Occupying Power shall afford civilian medical personnel in occupied
territories every assistance to enable them to perform, to the best of their
ability, their humanitarian functions. The Occupying Power may not require
that, in the performance of those functions, such personnel shall give priority
to the treatment of any person except on medical grounds. They shall not be
compelled to carry out tasks which are not compatible with their humanitarian
mission.
4. Civilian medical personnel shall have access to any place where their
services are essential, subject to such supervisory and safety measures as the
relevant Party to the conflict may deem necessary.
5. Civilian religious personnel shall be respected and protected. 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. General protection of medical duties
1. Under no circumstances shall any person be punished for carrying out medical
activities compatible with medical ethics, regardless of the person benefiting
therefrom.
2. Persons engaged in medical activities shall not be compelled to perform acts
or to carry out work contrary to the rules of medical ethics or to other
medical rules designed for the benefit of the wounded and sick or to the
provisions of the Conventions or of this Protocol, or to refrain from
performing acts or from carrying out work required by those rules and
provisions.
3. No person engaged in medical activities shall be compelled to give to anyone
belonging either to an adverse Party, or to his own Party except as required by
the law of the latter Party, any information concerning the wounded and sick
who are, or who have been, under his care, if such information would, in his
opinion, prove harmful to the patients concerned or to their families.
Regulations for the compulsory notification of communicable diseases shall,
however, be respected.
Art 17. Role of the civilian population and of aid societies
1. The civilian population shall respect the wounded, sick and shipwrecked,
even if they belong to the adverse Party, and shall commit no act of violence
against them. The civilian population and aid societies, such as national Red
Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on
their own initiative, to collect and care for the wounded, sick and shipwrecked,
even in invaded or occupied areas. No one shall be harmed, prosecuted,
convicted or punished for such humanitarian acts.
2. The Parties to the conflict may appeal to the civilian population and the
aid societies referred to in paragraph 1 to collect and care for the wounded,
sick and shipwrecked, and to search for the dead and report their location;
they shall grant both protection and the necessary facilities to those who
respond to this appeal. If the adverse Party gains or regains control of the
area, that Party also shall afford the same protection and facilities for as
long as they are needed.
Art 18. Identification
1. Each Party to the conflict shall endeavour to ensure that medical and
religious personnel and medical units and transports are identifiable.
2. 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. In occupied territory and in areas where fighting is taking place or is
likely to take place, civilian medical personnel and civilian religious
personnel should be recognizable by the distinctive emblem and an identity card
certifying their status.
4. With the consent of the competent authority, medical units and transports
shall be marked by the distinctive emblem. The ships and craft referred to in
Article 22 of this Protocol shall be marked in accordance with the provisions
of the Second Convention.
5. 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. Exceptionally, in
the special cases covered in that Chapter, medical transports may use
distinctive signals without displaying the distinctive emblem.
6. 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. Signals designated
in Chapter III of the Annex for the exclusive use of medical units and
transports shall not, except as provided therein, be used for any purpose other
than to identify the medical units and transports specified in that Chapter.
7. 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. The provisions of the Conventions and of this Protocol relating to
supervision of the use of the distinctive emblem and to the prevention and
repression of any misuse thereof shall be applicable to distinctive signals.
Art 19. Neutral and other States not Parties to the conflict
Neutral 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. - Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are
prohibited.
SECTION II. MEDICAL TRANSPORTATION
Art 21. Medical vehicles
Medical vehicles shall be respected and protected in the same way as mobile
medical units under the Conventions and this Protocol.
Art 22. Hospital ships and coastal rescue craft
1. The provisions of the Conventions relating to:
(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,
(b) their lifeboats and small craft,
(c) their personnel and crews, and
(d) the wounded; sick and shipwrecked on board.
shall also apply where these vessels carry civilian wounded, sick and
shipwrecked who do not belong to any of the categories mentioned in Article 13
of the Second Convention. Such civilians shall not, however, be subject to
surrender to any Party which is not their own, or to capture at sea. 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 protection provided by the Conventions to vessels described in Article
25 of the Second Convention shall extend to hospital ships made available for
humanitarian purposes to a Party to the conflict:
(a) by a neutral or other State which is not a Party to that conflict; or
(b) by an impartial international humanitarian organization,
provided that, in either case, the requirements set out in that Article are
complied with.
3. Small craft described in Article 27 of the Second Convention shall be
protected, even if the notification envisaged by that Article has not been
made. The Parties to the conflict are, nevertheless, invited to inform each
other of any details of such craft which will facilitate their identification
and recognition.
Art 23. Other medical ships and craft
1. 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. Since this protection can only
be effective if they can be identified and recognized as medical ships or
craft, such vessels should be marked with the distinctive emblem and as far as
possible comply with the second paragraph of Article 43 of the Second
Convention.
2. The ships and craft referred to in paragraph 1 shall remain subject to the
laws of war. Any warship on the surface able immediately to enforce its command
may order them to stop, order them off, or make them take a certain course, and
they shall obey every such command. 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. The protection provided in paragraph 1 shall cease only under the conditions
set out in Articles 34 and 35 of the Second Convention. 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. 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 adverse Party shall
acknowledge receipt of such information.
5. The provisions of Article 37 of the Second Convention shall apply to medical
and religious personnel in such ships and craft.
6. The provisions of the Second Convention shall apply to the wounded, sick and
shipwrecked belonging to the categories referred to in Article 13 of the Second
Convention and in Article 44 of this Protocol who may be on board such medical
ships and craft. Wounded, sick and shipwrecked civilians who do not belong to
any or the categories mentioned in Article 13 of the Second Convention shall
not be subject, at sea, either to surrender to any Party which is not their
own, or to removal from such ships or craft; 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.
Art 24. Protection of medical Aircraft
Medical aircraft shall be respected and protected, subject to the provisions of
this Part.
Art 25. Medical aircraft in areas not controlled by an adverse Party
In and over land areas physically controlled by friendly forces, or in and over
sea areas not physically controlled by an adverse Party, the respect and
protection of medical aircraft of a Party to the conflict is not dependent on
any agreement with an adverse Party. For greater safety, however, a Party to
the conflict operating its medical aircraft in these areas may notify the
adverse Party, as provided in Article 29, in particular when such aircraft are
making flights bringing them within range of surface-to-air weapons systems of
the adverse Party.
Art 26. Medical aircraft in contact or similar zones
1. 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. Although, in the
absence of such an agreement, medical aircraft operate at their own risk, they
shall nevertheless be respected after they have been recognized as such.
2. "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. Medical aircraft in areas controlled by an adverse Party
1. 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. 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. As soon
as such medical aircraft has been recognized by the adverse Party, that Party
shall make all reasonable efforts to give the order to land or to alight on
water, referred to in Article 30, paragraph 1, or to take other measures to
safeguard its own interests, and, in either case, to allow the aircraft time
for compliance, before resorting to an attack against the aircraft.
Art 28. Restrictions on operations of medical aircraft
1. The Parties to the conflict are prohibited from using their medical aircraft
to attempt to acquire any military advantage over an adverse Party. The
presence of medical aircraft shall not be used in an attempt to render military
objectives immune from attack.
2. Medical aircraft shall not be used to collect or transmit intelligence data
and shall not carry any equipment intended for such purposes. They are
prohibited from carrying any persons or cargo not included within the
definition in Article 8 (6). The carrying on board of the personal effects of
the occupants or of equipment intended solely to facilitate navigation,
communication or identification shall not be considered as prohibited,
3. 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. While carrying out the flights referred to in Articles 26 and 27, medical
aircraft shall not, except by prior agreement with the adverse Party, be used
to search for the wounded, sick and shipwrecked.
Art 29. Notifications and agreements concerning medical aircraft
1. Notifications under Article 25, or requests for prior agreement under
Articles 26, 27, 28, paragraph 4, or 31 shall state the proposed number of
medical aircraft, their flight plans and means of identification, and shall be
understood to mean that every flight will be carried out in compliance with
Article 28.
2. A Party which receives a notification given under Article 25 shall at once
acknowledge receipt of such notification. 3. A Party which receives a request
for prior agreement under Articles 25, 27, 28, paragraph 4, or 31 shall, as
rapidly as possible, notify the requesting Party:
(a) that the request is agreed to;
(b) that the request is denied; or
(c) of reasonable alternative proposals to the request. It may also propose
prohibition or restriction of other flights in the area during the time
involved. If the Party which submitted the request accepts the alternative
proposals, it shall notify the other Party of such acceptance.
4. The Parties shall take the necessary measures to ensure that notifications
and agreements can be made rapidly.
5. The Parties shall also take the necessary measures to disseminate rapidly
the substance of any such notifications and agreements to the military units
concerned and shall instruct those units regarding the means of identification
that will be used by the medical aircraft in question.
Art 30. Landing and inspection of medical aircraft
1. Medical aircraft flying over areas which are physically controlled by an
adverse Party, or over areas the physical control of which is not clearly
established, may be ordered to land or to alight on water, as appropriate, to
permit inspection in accordance with the following paragraphs. Medical aircraft
shall obey any such order.
2. If such an aircraft lands or alights on water, whether ordered to do so or
for other reasons, it may be subjected to inspection solely to determine the
matters referred to in paragraphs 3 and 4. Any such inspection shall be
commenced without delay and shall be conducted expeditiously. The inspecting
Party shall not require the wounded and sick to be removed from the aircraft
unless their removal is essential for the inspection. That Party shall in any
event ensure that the condition of the wounded and sick is not adversely
affected by the inspection or by the removal.
3. If the inspection discloses that the aircraft:
(a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
(b) is not in violation of the conditions prescribed in Article 28, and
(c) has not flown without or in breach of a prior agreement where such
agreement is required,
the aircraft and those of its occupants who belong to the adverse Party or to a
neutral or other State not a Party to the conflict shall be authorized to
continue the flight without delay.
4. If the inspection discloses that the aircraft:
(a) is not a medical aircraft within the meaning of Article 8, sub-paragraph
j),
(b) is in violation or the conditions prescribed in Article 28, or
(c) has flown without or in breach of a prior agreement where such agreement is
required,
the aircraft may be seized. Its occupants shall be treated in conformity with
the relevant provisions of the Conventions and of this Protocol. Any aircraft
seized which had been assigned as a permanent medical aircraft may be used
thereafter only as a medical aircraft.
Art 31. Neutral or other States not Parties to the conflict
1. Except by prior agreement, medical aircraft shall not fly over or land in
the territory of a neutral or other State not a Party to the conflict. However,
with such an agreement, they shall be respected throughout their flight and
also for the duration of any calls in the territory. Nevertheless they shall
obey any summons to land or to alight on water, as appropriate.
2. Should a medical aircraft, in the absence of an agreement or in deviation
from the terms of an agreement, fly over the territory of a neutral or other
State not a Party to the conflict, either through navigational error or because
of an emergency affecting the safety of the flight, it shall make every effort
to give notice of the flight and to identify itself. As soon as such medical
aircraft is recognized, that State shall make all reasonable efforts to give
the order to land or to alight on water referred to in Article 30, paragraph 1,
or to take other measures to safeguard its own interests, and, in either case,
to allow the aircraft time for compliance, before resorting to an attack
against the aircraft.
3. If a medical aircraft, either by agreement or in the circumstances mentioned
in paragraph 2, lands or alights on water in the territory of a neutral or
other State not Party to the conflict, whether ordered to do so or for other
reasons, the aircraft shall be subject to inspection for the purposes of
determining whether it is in fact a medical aircraft. The inspection shall be
commenced without delay and shall be conducted expeditiously. 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. 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. 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. If the inspection discloses
that the aircraft is not a medical aircraft, it shall be seized and the
occupants treated in accordance with paragraph 4.
4. The wounded, sick and shipwrecked disembarked, otherwise than temporarily,
from a medical aircraft with the consent of the local authorities in the
territory of a neutral or other State not a Party to the conflict shall, unless
agreed otherwise between that State and the Parties to the conflict, be
detained by that State where so required by the rules of international law
applicable in armed conflict, in such a manner that they cannot again take part
in the hostilities. The cost of hospital treatment and internment shall be
borne by the State to which those persons belong.
5. Neutral or other States not Parties to the conflict shall apply any
conditions and restrictions on the passage of medical aircraft over, or on the
landing of medical aircraft in, their territory equally to all Parties to the
conflict.
Section III Missing and Dead Persons
Art 32. General principle
In 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. Missing persons
1. As soon as circumstances permit, and at the latest from the end of active
hostilities, each Party to the conflict shall search for the persons who have
been reported missing by an adverse Party. Such adverse Party shall transmit
all relevant information concerning such persons in order to facilitate such
searches.
2. In order to facilitate the gathering of information pursuant to the
preceding paragraph, each Party to the conflict shall, with respect to persons
who would not receive more favourable consideration under the Conventions and
this Protocol:
(a) record the information specified in Article 138 of the Fourth Convention in
respect of such persons who have been detained, imprisoned or otherwise held in
captivity for more than two weeks as a result of hostilities or occupation, or
who have died during any period of detention;
(b) to the fullest extent possible, facilitate and, if need be, carry out the
search for and the recording of information concerning such persons if they
have died in other circumstances as a result of hostilities or occupation.
3. Information concerning persons reported missing pursuant to paragraph 1 and
requests for such information shall be transmitted either directly or through
the Protecting Power or the Central Tracing Agency of the International
Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and
Sun) Societies. 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 Parties to the conflict shall endeavour to agree on arrangements for
teams to search for, identify and recover the dead from battlefield areas,
including arrangements, if appropriate, for such teams to be accompanied by
personnel of the adverse Party while carrying out these missions in areas
controlled by the adverse Party. Personnel of such teams shall be respected and
protected while exclusively carrying out these duties.
Art 34. Remains of deceased
1. The remains of persons who have died for reasons related to occupation or in
detention resulting from occupation or hostilities and those or persons not
nationals of the country in which they have died as a result of hostilities
shall be respected, and the gravesites of all such persons shall be respected,
maintained and marked as provided for in Article 130 of the Fourth Convention,
where their remains or gravesites would not receive more favourable
consideration under the Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse Parties
permit, the High Contracting Parties in whose territories graves and, as the
case may be, other locations of the remains of persons who have died as a
result of hostilities or during occupation or in detention are situated, shall
conclude agreements in order:
(a) to facilitate access to the gravesites by relatives of the deceased and by
representatives of official graves registration services and to regulate the
practical arrangements for such access;
(b) to protect and maintain such gravesites permanently;
(c) to facilitate the return of the remains of the deceased and of personal
effects to the home country upon its request or, unless that country objects,
upon the request of the next of kin.
3. 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. Where such an offer has not been
accepted the High Contracting Party may, after the expiry of five years from
the date of the offer and upon due notice to the home country, adopt the
arrangements laid down in its own laws relating to cemeteries and graves.
4. A High Contracting Party in whose territory the grave sites referred to in
this Article are situated shall be permitted to exhume the remains only:
(a) in accordance with paragraphs 2 (c) and 3, or
(b) where exhumation is a matter or overriding public necessity, including
cases of medical and investigative necessity, in which case the High
Contracting Party shall at all times respect the remains, and shall give notice
to the home country or its intention to exhume the remains together with
details of the intended place of reinterment.
Part III. Methods and Means of Warfare Combatant and
Art 35. Basic rules
1. In any armed conflict, the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited.
2. It is prohibited to employ weapons, projectiles and material and methods of
warfare of a nature to cause superfluous injury or unnecessary suffering.
3. 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. New weapons
In 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.
Art 37. Prohibition of Perfidy
1. It is prohibited to kill, injure or capture an adversary by resort to
perfidy. Acts inviting the confidence of an adversary to lead him to believe
that he is entitled to, or is obliged to accord, protection under the rules of
international law applicable in armed conflict, with intent to betray that
confidence, shall constitute perfidy. 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. Ruses of war are not prohibited. Such ruses are acts which are intended to
mislead an adversary or to induce him to act recklessly but which infringe no
rule of international law applicable in armed conflict and which are not
perfidious because they do not invite the confidence of an adversary with
respect to protection under that law. The following are examples of such ruses:
the use of camouflage, decoys, mock operations and misinformation.
Art 38. Recognized emblems
1. It is prohibited to make improper use of the distinctive emblem of the red
cross, red crescent or red lion and sun or of other emblems, signs or signals
provided for by the Conventions or by this Protocol. It is also prohibited to
misuse deliberately in an armed conflict other internationally recognized
protective emblems, signs or signals, including the flag of truce, and the
protective emblem of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United
Nations, except as authorized by that Organization.
Art 39. Emblems of nationality
1. It is prohibited to make use in an armed conflict of the flags or military
emblems, insignia or uniforms of neutral or other States not Parties to the
conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or
uniforms of adverse Parties while engaging in attacks or in order to shield,
favour, protect or impede military operations.
3. 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. Quarter
It is prohibited to order that there shall be no survivors, to threaten an
adversary therewith or to conduct hostilities on this basis.
Art 41. Safeguard of an enemy hors de combat
1. A person who is recognized or who, in the circumstances, should be
recognized to be hors de combat shall not be made the object of attack.
2. A person is hors de combat if:
(a) he is in the power of an adverse Party;
(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise incapacitated by wounds or
sickness, and therefore is incapable of defending himself;
provided that in any of these cases he abstains from any hostile act and does
not attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into the
power of an adverse Party under unusual conditions of combat which prevent
their evacuation as provided for in Part III, Section I, of the Third
Convention, they shall be released and all feasible precautions shall be taken
to ensure their safety.
Article 42 - Occupants of aircraft
1. No person parachuting from an aircraft in distress shall be made the object
of attack during his descent.
2. Upon reaching the ground in territory controlled by an adverse Party, a
person who has parachuted from an aircraft in distress shall be given an
opportunity to surrender before being made the object of attack, unless it is
apparent that he is engaging in a hostile act.
3. Airborne troops are not protected by this Article.
Section II. Combatants and Prisoners of War
Art 43. Armed forces
1. The armed forces of a Party to a conflict consist of all organized armed
forces, groups and units which are under a command responsible to that Party
for the conduct or its subordinates, even if that Party is represented by a
government or an authority not recognized by an adverse Party. Such armed
forces shall be subject to an internal disciplinary system which, inter alia,
shall enforce compliance with the rules of international law applicable in
armed conflict.
2. Members of the armed forces of a Party to a conflict (other than medical
personnel and chaplains covered by Article 33 of the Third Convention) are
combatants, that is to say, they have the right to participate directly in
hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or armed law
enforcement agency into its armed forces it shall so notify the other Parties
to the conflict.
Art 44. Combatants and prisoners of war
1. Any combatant, as defined in Article 43, who falls into the power of an
adverse Party shall be a prisoner of war.
2. While all combatants are obliged to comply with the rules of international
law applicable in armed conflict, violations of these rules shall not deprive a
combatant of his right to be a combatant or, if he falls into the power of an
adverse Party, of his right to be a prisoner of war, except as provided in
paragraphs 3 and 4.
3. In order to promote the protection of the civilian population from the
effects of hostilities, combatants are obliged to distinguish themselves from
the civilian population while they are engaged in an attack or in a military
operation preparatory to an attack. Recognizing, however, that there are
situations in armed conflicts where, owing to the nature of the hostilities an
armed combatant cannot so distinguish himself, he shall retain his status as a
combatant, provided that, in such situations, he
carries his arms openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while he is engaged in a
military deployment preceding the launching of an attack in which he is to
participate.
Acts which comply with the requirements of this paragraph shall not be
considered as perfidious within the meaning of Article 37, paragraph 1 (c).
4. A combatant who falls into the power of an adverse Party while failing to
meet the requirements set forth in the second sentence of paragraph 3 shall
forfeit his right to be a prisoner of war, but he shall, nevertheless, be given
protections equivalent in all respects to those accorded to prisoners of war by
the Third Convention and by this Protocol. This protection includes protections
equivalent to those accorded to prisoners of war by the Third Convention in the
case where such a person is tried and punished for any offences he has committed.
5. 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. This Article is without prejudice to the right of any person to be a
prisoner of war pursuant to Article 4 of the Third Convention.
7. 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. In addition to the categories of persons mentioned in Article 13 of the
First and Second Conventions, all members of the armed forces of a Party to the
conflict, as defined in Article 43 of this Protocol, shall be entitled to
protection under those Conventions if they are wounded or sick or, in the case
of the Second Convention, shipwrecked at sea or in other waters.
Art 45. Protection of persons who have taken part in hostilities
1. A person who takes part in hostilities and falls into the power of an
adverse Party shall be presumed to be a prisoner of war, and therefore shall be
protected by the Third Convention, if he claims the status of prisoner of war,
or if he appears to be entitled to such status, or if the Party on which he
depends claims such status on his behalf by notification to the detaining Power
or to the Protecting Power. Should any doubt arise as to whether any such
person is entitled to the status of prisoner of war, he shall continue to have
such status and, therefore, to be protected by the Third Convention and this
Protocol until such time as his status has been determined by a competent
tribunal.
2. 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. Whenever possible under the applicable procedure, this
adjudication shall occur before the trial for the offence. The representatives
of the Protecting Power shall be entitled to attend the proceedings in which
that question is adjudicated, unless, exceptionally, the proceedings are held
in camera in the interest of State security. In such a case the detaining Power
shall advise the Protecting Power accordingly.
3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war
status and who does not benefit from more favourable treatment in accordance
with the Fourth Convention shall have the right at all times to the protection
of Article 75 of this Protocol. In occupied territory, any such person, unless
he is held as a spy, shall also be entitled, notwithstanding Article 5 of the
Fourth Convention, to his rights of communication under that Convention.
Art 46. Spies
1. Notwithstanding any other provision of the Conventions or of this Protocol,
any member of the armed forces of a Party to the conflict who falls into the
power of an adverse Party while engaging in espionage shall not have the right
to the status of prisoner of war and may be treated as a spy.
2. A member of the armed forces of a Party to the conflict who, on behalf of
that Party and in territory controlled by an adverse Party, gathers or attempts
to gather information shall not be considered as engaging in espionage if,
while so acting, he is in the uniform of his armed forces.
3. A member of the armed forces of a Party to the conflict who is a resident of
territory occupied by an adverse Party and who, on behalf of the Party on which
he depends, gathers or attempts to gather information of military value within
that territory shall not be considered as engaging in espionage unless he does
so through an act of false pretences or deliberately in a clandestine manner.
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. A member of the armed forces of a Party to the conflict who is not a
resident of territory occupied by an adverse Party and who has engaged in
espionage in that territory shall not lose his right to the status of prisoner
of war and may not be treated as a spy unless he is captured before he has
rejoined the armed forces to which he belongs.
Art 47. Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in an armed
conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the desire for
private gain and, in fact, is promised, by or on behalf of a Party to the
conflict, material compensation substantially in excess of that promised or
paid to combatants of similar ranks and functions in the armed forces of that
Party;
(d) is neither a national of a Party to the conflict nor a resident of
territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict; and
(f) has not been sent by a State which is not a Party to the conflict on
official duty as a member of its armed forces.
Part IV. Civilian Population
Section I. General Protection Against Effects of Hostilities
Chapter I. Basic rule and field of application
Art 48. Basic rule
In 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. Definition of attacks and scope of application
1. "Attacks" means acts of violence against the adversary, whether in
offence or in defence.
2. 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. The provisions of this section apply to any land, air or sea warfare which
may affect the civilian population, individual civilians or civilian objects on
land. They further apply to all attacks from the sea or from the air against
objectives on land but do not otherwise affect the rules of international law
applicable in armed conflict at sea or in the air.
4. The provisions of this section are additional to the rules concerning
humanitarian protection contained in the Fourth Convention, particularly in
part II thereof, and in other international agreements binding upon the High
Contracting Parties, as well as to other rules of international law relating to
the protection of civilians and civilian objects on land, at sea or in the air
against the effects of hostilities.
Chapter II. Civilians and civilian population
Art 50. Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the categories of
persons referred to in Article 4 (A) (1), (2), (3) and (6) of the Third
Convention and in Article 43 of this Protocol. In case of doubt whether a
person is a civilian, that person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not come
within the definition of civilians does not deprive the population of its
civilian character.
Art 51. - Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general
protection against dangers arising from military operations. To give effect to
this protection, the following rules, which are additional to other applicable
rules of international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not
be the object of attack. Acts or threats of violence the primary purpose of
which is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this section, unless and
for such time as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be directed at
a specific military objective; or
(c) those which employ a method or means of combat the effects of which cannot
be limited as required by this Protocol;
and consequently, in each such case, are of a nature to strike military
objectives and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as
indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a single
military objective a number of clearly separated and distinct military
objectives located in a city, town, village or other area containing a similar
concentration of civilians or civilian objects;
and
(b) an attack which may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military
advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are
prohibited.
7. 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 Parties to the
conflict shall not direct the movement of the civilian population or individual
civilians in order to attempt to shield military objectives from attacks or to
shield military operations.
8. Any violation of these prohibitions shall not release the Parties to the
conflict from their legal obligations with respect to the civilian population
and civilians, including the obligation to take the precautionary measures
provided for in Article 57.
Chapter III. Civilian objects
Art 52. General Protection of civilian objects
1. Civilian objects shall not be the object of attack or of reprisals. Civilian
objects are all objects which are not military objectives as defined in
paragraph 2.
2. Attacks shall be limited strictly to military objectives. In so far as
objects are concerned, military objectives are limited to those objects which
by their nature, location, purpose or use make an effective contribution to
military action and whose total or partial destruction, capture or
neutralization, in the circumstances ruling at the time, offers a definite
military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian
purposes, such as a place of worship, a house or other dwelling or a school, is
being used to make an effective contribution to military action, it shall be
presumed not to be so used.
Art 53. Protection of cultural objects and of places of worship
Without 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. Protection of objects indispensable to the survival of the civilian
population
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects
indispensable to the survival of the civilian population, such as food-stuffs,
agricultural areas for the production of food-stuffs, crops, livestock,
drinking water installations and supplies and irrigation works, for the
specific purpose of denying them for their sustenance value to the civilian
population or to the adverse Party, whatever the motive, whether in order to
starve out civilians, to cause them to move away, or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the objects
covered by it as are used by an adverse Party:
(a) as sustenance solely for the members of its armed forces; or
(b) if not as sustenance, then in direct support of military action, provided,
however, that in no event shall actions against these objects be taken which
may be expected to leave the civilian population with such inadequate food or
water as to cause its starvation or force its movement.
4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in the
defence of its national territory against invasion, derogation from the
prohibitions contained in paragraph 2 may be made by a Party to the conflict
within such territory under its own control where required by imperative
military necessity.
Art 55. Protection of the natural environment
1. Care shall be taken in warfare to protect the natural environment against
widespread, long-term and severe damage. 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. Attacks against the natural environment by way of reprisals are prohibited.
Art 56. Protection of works and installations containing dangerous forces
1. Works or installations containing dangerous forces, namely dams, dykes and
nuclear electrical generating stations, shall not be made the object of attack,
even where these objects are military objectives, if such attack may cause the
release of dangerous forces and consequent severe losses among the civilian
population. Other military objectives located at or in the vicinity of these
works or installations shall not be made the object of attack if such attack
may cause the release of dangerous forces from the works or installations and
consequent severe losses among the civilian population.
2. 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. In all cases, the civilian population and individual civilians shall remain
entitled to all the protection accorded them by international law, including
the protection of the precautionary measures provided for in Article 57. If the
protection Ceases and any of the works, installations or military objectives
mentioned in paragraph 1 is attacked, all practical precautions shall be taken
to avoid the release of the dangerous forces.
4. It is prohibited to make any of the works, installations or military
objectives mentioned in paragraph 1 the object of reprisals.
5. The Parties to the conflict shall endeavour to avoid locating any military
objectives in the vicinity of the works or installations mentioned in paragraph
1. Nevertheless, installations erected for the sole purpose of defending the
protected works or installations from attack are permissible and shall not
themselves be made the object of attack, provided that they are not used in
hostilities except for defensive actions necessary to respond to attacks
against the protected works or installations and that their armament is limited
to weapons capable only of repelling hostile action against the protected works
or installations.
6. The High Contracting Parties and the Parties to the conflict are urged to
conclude further agreements among themselves to provide additional protection
for objects containing dangerous forces.
7. 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]. The absence of such marking in no way relieves any Party to the
conflict of its obligations under this Article.
Chapter IV. Precautionary measures
Art 57. Precautions in attack
1. In the conduct of military operations, constant care shall be taken to spare
the civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
(a) those who plan or decide upon an attack shall:
(i) do everything feasible to verify that the objectives to be attacked are
neither civilians nor civilian objects and are not subject to special
protection but are military objectives within the meaning of paragraph 2 of
Article 52 and that it is not prohibited by the provisions of this Protocol to
attack them;
(ii) take all feasible precautions in the choice of means and methods of attack
with a view to avoiding, and in any event to minimizing, incidental loss or
civilian life, injury to civilians and damage to civilian objects;
(iii) refrain from deciding to launch any attack which may be expected to cause
incidental loss of civilian life, injury to civilians, damage to civilian
objects, or a combination thereof, which would be excessive in relation to the
concrete and direct military advantage anticipated;
(b) an attack shall be cancelled or suspended if it becomes apparent that the
objective is not a military one or is subject to special protection or that the
attack may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would be
excessive in relation to the concrete and direct military advantage anticipated;
(c) effective advance warning shall be given of attacks which may affect the
civilian population, unless circumstances do not permit.
3. When a choice is possible between several military objectives for obtaining
a similar military advantage, the objective to be selected shall be that the
attack on which may be expected to cause the least danger to civilian lives and
to civilian objects.
4. 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. No provision of this article may be construed as authorizing any attacks
against the civilian population, civilians or civilian objects.
Art 58. Precautions against the effects of attacks
The Parties to the conflict shall, to the maximum extent feasible:
(a) without prejudice to Article 49 of the Fourth Convention, endeavour to
remove the civilian population, individual civilians and civilian objects under
their control from the vicinity of military objectives;
(b) avoid locating military objectives within or near densely populated areas;
(c) take the other necessary precautions to protect the civilian population,
individual civilians and civilian objects under their control against the
dangers resulting from military operations.
Chapter V. Localities and zones under special protection
Art 59. Non-defended localities
1. It is prohibited for the Parties to the conflict to attack, by any means
whatsoever, non-defended localities.
2. The appropriate authorities of a Party to the conflict may declare as a
non-defended locality any inhabited place near or in a zone where armed forces
are in contact which is open for occupation by an adverse Party.
Such a locality shall fulfil the following conditions:
(a) all combatants, as well as mobile weapons and mobile military equipment
must have been evacuated;
(b) no hostile use shall be made of fixed military installations or
establishments;
(c) no acts of hostility shall be committed by the authorities or by the
population; and
(d) no activities in support of military operations shall be undertaken.
3. 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. 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. The Party to the conflict to which the declaration
is addressed shall acknowledge its receipt and shall treat the locality as a
non-defended locality unless the conditions laid down in paragraph 2 are not in
fact fulfilled, in which event it shall immediately so inform the Party making
the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled,
the locality 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.
5. The Parties to the conflict may agree on the establishment of non-defended
localities even if such localities do not fulfil the conditions laid down in
paragraph 2. 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. The Party which is in control of a locality governed by such an agreement
shall mark it, so far as possible, by such signs as may be agreed upon with the
other Party, which shall be displayed where they are clearly visible,
especially on its perimeter and limits and on highways.
7. A locality loses its status as a non-defended locality when its ceases to
fulfil the conditions laid down in paragraph 2 or in the agreement referred to
in paragraph 5. In such an eventuality, the locality 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.
Art 60. Demilitarized zones
1. It is prohibited for the Parties to the conflict to extend their military
operations to zones on which they have conferred by agreement the status of
demilitarized zone, if such extension is contrary to the terms of this
agreement.
2. The agreement shall be an express agreement, may be concluded verbally or in
writing, either directly or through a Protecting Power or any impartial
humanitarian organization, and may consist of reciprocal and concordant
declarations. The agreement may be concluded in peacetime, as well as after the
outbreak of hostilities, and should define and describe, as precisely as
possible, the limits of the demilitarized zone and, if necessary, lay down the
methods of supervision.
3. The subject of such an agreement shall normally be any zone which fulfils
the following conditions:
(a) all combatants, as well as mobile weapons and mobile military equipment,
must have been evacuated;
(b) no hostile use shall be made of fixed military installations or
establishments;
(c) no acts of hostility shall be committed by the authorities or by the
population; and
(d) any activity linked to the military effort must have ceased.
The Parties to the conflict shall agree upon the interpretation to be given to
the condition laid down in subparagraph (d) and upon persons to be admitted to
the demilitarized zone other than those mentioned in paragraph 4.
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. The Party which is in control of such a zone shall mark it, so far as
possible, by such signs as may be agreed upon with the other Party, which shall
be displayed where they are clearly visible, especially on its perimeter and
limits and on highways.
6. If the fighting draws near to a demilitarized zone, and if the Parties to
the conflict have so agreed, none of them may use the zone for purposes related
to the conduct of military operations or unilaterally revoke its status.
7. 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. 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. Civil defence
Art 61. - Definitions and scope
For the purpose of this Protocol:
(1) "Civil defence" means the performance of some or all of the
undermentioned humanitarian tasks intended to protect the civilian population
against the dangers, and to help it to recover from the immediate effects, of
hostilities or disasters and also to provide the conditions necessary for its
survival. These tasks are:
(a) warning;
(b) evacuation;
(c) management of shelters;
(d) management of blackout measures;
(e) rescue;
(f) medical services, including first aid, and religious assistance;
(g) fire-fighting;
(h) detection and marking of danger areas;
(i) decontamination and similar protective measures;
(j) provision of emergency accommodation and supplies;
(k) emergency assistance in the restoration and maintenance of order in
distressed areas;
(l) emergency repair of indispensable public utilities;
(m) emergency disposal of the dead;
(n) assistance in the preservation of objects essential for survival;
(o) complementary activities necessary to carry out any of the tasks mentioned
above, including, but not limited to, planning and organization;
(2) "Civil defence organizations" means those establishments and
other units which are organized or authorized by the competent authorities of a
Party to the conflict to perform any of the tasks mentioned under (1), and
which are assigned and devoted exclusively to such tasks; (3)
"Personnel" of civil defence organizations means those persons
assigned by a Party to the conflict exclusively to the performance of the tasks
mentioned under (1), including personnel assigned by the competent authority of
that Party exclusively to the administration of these organizations;
(4) "Matériel" of civil defence organizations means equipment,
supplies and transports used by these organizations for the performance of the
tasks mentioned under (1).
Art 62. General protection
1. 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. They shall be entitled to perform their civil
defence tasks except in case of imperative military necessity.
2. The provisions of paragraph 1 shall also apply to civilians who, although
not members of civilian civil defence organizations, respond to an appeal from
the competent authorities and perform civil defence tasks under their control.
3. Buildings and matériel used for civil defence purposes and shelters provided
for the civilian population are covered by Article 52. Objects used for civil defence
purposes may not be destroyed or diverted from their proper use except by the
Party to which they belong.
Art 63. Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations shall receive
from the authorities the facilities necessary for the performance of their
tasks. In no Circumstances shall their personnel be compelled to perform
activities which would interfere with the proper performance of these tasks.
The Occupying Power shall not change the structure or personnel of such
organizations in any way which might jeopardize the efficient performance of
their mission. These organizations shall not be required to give priority to
the nationals or interests of that Power.
2. The Occupying Power shall not compel, coerce or induce civilian civil
defence organizations to perform their tasks in any manner prejudicial to the
interests of the civilian population.
3. The Occupying Power may disarm civil defence personnel for reasons of
security.
4. The Occupying Power shall neither divert from their proper use nor
requisition buildings or matériel belonging to or used by civil defence
organizations if such diversion or requisition would be harmful to the civilian
population.
5. Provided that the general rule in paragraph 4 continues to be observed, the
Occupying Power may requisition or divert these resources, subject to the
following particular conditions:
(a) that the buildings or matériel are necessary for other needs of the
civilian population; and
(b) that the requisition or diversion continues only while such necessity
exists.
6. The Occupying Power shall neither divert nor requisition shelters provided
for the use of the civilian population or needed by such population.
Art 64. Civilian civil defence organizations of neutral or other States not
Parties to the conflict and international co-ordinating organizations
1. Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel 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. Notification of such assistance shall be given as soon as possible to
any adverse Party concerned. In no circumstances shall this activity be deemed
to be an interference in the conflict. This activity should, however, be
performed with due regard to the security interests of the Parties to the
conflict concerned.
2. The Parties to the conflict receiving the assistance referred to in
paragraph 1 and the High Contracting Parties granting it should facilitate
international co-ordination of such civil defence actions when appropriate. In
such cases the relevant international organizations are covered by the
provisions of this Chapter.
3. 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. Cessation of protection
1. The protection to which civilian civil defence organizations, their
personnel, buildings, shelters and matériel are entitled shall not cease unless
they commit or are used to commit, outside their proper tasks, acts harmful to
the enemy. 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. The following shall not be considered as acts harmful to the enemy:
(a) that civil defence tasks are carried out under the direction or control of
military authorities;
(b) that civilian civil defence personnel co-operate with military personnel in
the performance of civil defence tasks, or that some military personnel are
attached to civilian civil defence organizations;
(c) that the performance of civil defence tasks may incidentally benefit
military victims, particularly those who are hors de combat.
3. It shall also not be considered as an act harmful to the enemy that civilian
civil defence personnel bear light individual weapons for the purpose of maintaining
order or for self-defence. However, in areas where land fighting is taking
place or is likely to take place, the Parties to the conflict shall undertake
the appropriate measures to limit these weapons to handguns, such as pistols or
revolvers, in order to assist in distinguishing between civil defence personnel
and combatants. 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. The formation of civilian civil defence organizations along military lines,
and compulsory service in them, shall also not deprive them of the protection
conferred by this Chapter.
Art 66. Identification
1. Each Party to the conflict shall endeavour to ensure that its civil defence
organizations, their personnel, buildings and matériel are identifiable while
they are exclusively devoted to the performance of civil defence tasks.
Shelters provided for the civilian population should be similarly identifiable.
2. Each Party to the conflict shall also endeavour to adopt and implement
methods and procedures which will make it possible to recognize civilian
shelters as well as civil defence personnel, buildings and matériel on which
the international distinctive sign of civil defence is displayed.
3. In occupied territories and in areas where fighting is taking place or is
likely to take place, civilian civil defence personnel should be recognizable
by the international distinctive sign of civil defence and by an identity card
certifying their status.
4. The international distinctive sign of civil defence is an equilateral blue
triangle on an orange ground when used for the protection of civil defence
organizations, their personnel, buildings and matériel and for civilian
shelters.
5. In addition to the distinctive sign, Parties to the conflict may agree upon
the use of distinctive signals for civil defence identification purposes.
6. The application of the provisions of paragraphs 1 to 4 is governed by
Chapter V of Annex I to this Protocol.
7. 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. 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. The identification of civil defence medical and religious personnel, medical
units and medical transports is also governed by Article 18.
Art 67. Members of the armed forces and military units assigned to civil
defence organizations
1. Members of the armed forces and military units assigned to civil defence
organizations shall be respected and protected, provided that:
(a) such personnel and such units are permanently assigned and exclusively
devoted to the performance of any of the tasks mentioned in Article 61;
(b) if so assigned, such personnel do not perform any other military duties
during the conflict;
(c) such personnel are clearly distinguishable from the other members of the
armed forces by prominently displaying the international distinctive sign of
civil defence, which shall be as large as appropriate, and such personnel are
provided with the identity card referred to in Chapter V of Annex I to this
Protocol certifying their status;
(d) such personnel and such units are equipped only with light individual
weapons for the purpose of maintaining order or for self-defence. The
provisions of Article 65, paragraph 3 shall also apply in this case;
(e) such personnel do not participate directly in hostilities, and do not
commit, or are not used to commit, outside their civil defence tasks, acts
harmful to the adverse Party
(f) such personnel and such units perform their civil defence tasks only within
the national territory of their Party.
The non-observance of the conditions stated in (e) above by any member of the
armed forces who is bound by the conditions prescribed in (a) and (b) above is
prohibited.
2. Military personnel serving within civil defence organizations shall, if they
fall into the power of an adverse Party, be prisoners of war. 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 buildings and major items of equipment and transports of military units
assigned to civil defence organizations shall be clearly marked with the
international distinctive sign of civil defence. This distinctive sign shall be
as large as appropriate.
4. The matériel 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. 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. Relief in Favour of the Civilian Population
Art 68. Field of application
The provisions of this Section apply to the civilian population as defined in
this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and
other relevant provisions of the Fourth Convention.
Art 69. Basic needs in occupied territories
1. In addition to the duties specified in Article 55 of the Fourth Convention
concerning food and medical supplies, the Occupying Power shall, to the fullest
extent of the means available to it and without any adverse distinction, also
ensure the provision of clothing, bedding, means of shelter, other supplies
essential to the survival of the civilian population of the occupied territory
and objects necessary for religious worship.
2. 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. Relief actions
1. If the civilian population of any territory under the control of a Party to
the conflict, other than occupied territory, is not adequately provided with
the supplies mentioned in Article 69, relief actions which are humanitarian and
impartial in character and conducted without any adverse distinction shall be
undertaken, subject to the agreement of the Parties concerned in such relief
actions. Offers of such relief shall not be regarded as interference in the
armed conflict or as unfriendly acts. In the distribution of relief
consignments, priority shall be given to those persons, such as children,
expectant mothers, maternity cases and nursing mothers, who, under the Fourth
Convention or under this Protocol, are to be accorded privileged treatment or
special protection.
2. The Parties to the conflict and each High Contracting Party shall allow and
facilitate rapid and unimpeded passage of all relief consignments, equipment
and personnel provided in accordance with this Section, even if such assistance
is destined for the civilian population of the adverse Party.
3. The Parties to the conflict and each High Contracting Party which allow the
passage of relief consignments, equipment and personnel in accordance with
paragraph 2:
(a) shall have the right to prescribe the technical arrangements, including
search, under which such passage is permitted;
(b) may make such permission conditional on the distribution of this assistance
being made under the local supervision of a Protecting Power;
(c) shall, in no way whatsoever, divert relief consignments from the purpose
for which they are intended nor delay their forwarding, except in cases of
urgent necessity in the interest of the civilian population concerned.
4. The Parties to the conflict shall protect relief consignments and facilitate
their rapid distribution.
5. The Parties to the conflict and each High Contracting Party concerned shall
encourage and facilitate effective international co-ordination of the relief
actions referred to in paragraph 1.
Art 71. Personnel participating in relief actions
1. Where necessary, relief personnel may form part of the assistance provided
in any relief action, in particular for the transportation and distribution of
relief consignments; the participation of such personnel shall be subject to
the approval of the Party in whose territory they will carry out their duties.
2. Such personnel shall be respected and protected.
3. Each Party in receipt of relief consignments shall, to the fullest extent
practicable, assist the relief personnel referred to in paragraph 1 in carrying
out their relief mission. Only in case of imperative military necessity may the
activities of the relief personnel be limited or their movements temporarily
restricted.
4. Under no circumstances may relief personnel exceed the terms of their
mission under this Protocol. In particular they shall take account of the
security requirements of the Party in whose territory they are carrying out
their duties. The mission of any of the personnel who do not respect these conditions
may be terminated.
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
Art 72. Field of application
The 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. Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered as stateless
persons or refugees under the relevant international instruments accepted by
the Parties concerned or under the national legislation of the State of refuge
or State of residence shall be protected persons within the meaning of Parts I
and III of the Fourth Convention, in all circumstances and without any adverse
distinction.
Art 74. Reunion of dispersed families
The 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. Fundamental guarantees
1. In so far as they are affected by a situation referred to in Article 1 of
this Protocol, persons who are in the power of a Party to the conflict and who
do not benefit from more favourable treatment under the Conventions or under
this Protocol shall be treated humanely in all circumstances and shall enjoy,
as a minimum, the protection provided by this Article without any adverse
distinction based upon race, colour, sex, language, religion or belief,
political or other opinion, national or social origin, wealth, birth or other
status, or on any other similar criteria. Each Party shall respect the person,
honour, convictions and religious practices of all such persons.
2. The following acts are and shall remain prohibited at any time and in any
place whatsoever, whether committed by civilian or by military agents:
(a) violence to the life, health, or physical or mental well-being of persons,
in particular:
(i) murder;
(ii) torture of all kinds, whether physical or mental;
(iii) corporal punishment; and
(iv) mutilation;
(b) outrages upon personal dignity, in particular humiliating and degrading
treatment, enforced prostitution and any form of indecent assault;
(c) the taking of hostages;
(d) collective punishments; and
(e) threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related to the armed
conflict shall be informed promptly, in a language he understands, of the
reasons why these measures have been taken. Except in cases of arrest or
detention for penal offences, such persons shall be released with the minimum
delay possible and in any event as soon as the circumstances justifying the
arrest, detention or internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a person found
guilty of a penal offence related to the armed conflict except pursuant to a
conviction pronounced by an impartial and regularly constituted court
respecting the generally recognized principles of regular judicial procedure,
which include the following:
(a) the procedure shall provide for an accused to be informed without delay of
the particulars of the offence alleged against him and shall afford the accused
before and during his trial all necessary rights and means of defence;
(b) no one shall be convicted of an offence except on the basis of individual
penal responsibility;
(c) no one shall be accused or convicted of a criminal offence on account or
any act or omission which did not constitute a criminal offence under the
national or international law to which he was subject at the time when it was
committed; nor shall a heavier penalty be imposed than that which was
applicable at the time when the criminal offence was committed; if, after the
commission of the offence, provision is made by law for the imposition of a
lighter penalty, the offender shall benefit thereby;
(d) anyone charged with an offence is presumed innocent until proved guilty
according to law;
(e) anyone charged with an offence shall have the right to be tried in his
presence;
(f) no one shall be compelled to testify against himself or to confess guilt;
(g) anyone charged with an offence shall have the right to examine, or have
examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses
against him;
(h) no one shall be prosecuted or punished by the same Party for an offence in
respect of which a final judgement acquitting or convicting that person has
been previously pronounced under the same law and judicial procedure;
(i) anyone prosecuted for an offence shall have the right to have the judgement
pronounced publicly; and
(j) a convicted person shall be advised on conviction or his judicial and other
remedies and of the time-limits within which they may be exercised.
5. Women whose liberty has been restricted for reasons related to the armed
conflict shall be held in quarters separated from men's quarters. They shall be
under the immediate supervision of women. Nevertheless, in cases where families
are detained or interned, they shall, whenever possible, be held in the same
place and accommodated as family units.
6. Persons who are arrested, detained or interned for reasons related to the
armed conflict shall enjoy the protection provided by this Article until their
final release, repatriation or re-establishment, even after the end of the
armed conflict.
7. In order to avoid any doubt concerning the prosecution and trial of persons
accused of war crimes or crimes against humanity, the following principles shall
apply:
(a) persons who are accused or such crimes should be submitted for the purpose
of prosecution and trial in accordance with the applicable rules of
international law; and
(b) any such persons who do not benefit from more favourable treatment under
the Conventions or this Protocol shall be accorded the treatment provided by
this Article, whether or not the crimes of which they are accused constitute
grave breaches of the Conventions or of this Protocol.
8. No provision of this Article may be construed as limiting or infringing any
other more favourable provision granting greater protection, under any
applicable rules of international law, to persons covered by paragraph 1
Chapter II. Measures in favour of women and children
Art 76. Protection of women
1. Women shall be the object of special respect and shall be protected in
particular against rape, forced prostitution and any other form of indecent
assault.
2. Pregnant women and mothers having dependent infants who are arrested,
detained or interned for reasons related to the armed conflict, shall have
their cases considered with the utmost priority.
3. To the maximum extent feasible, the Parties to the conflict shall endeavour
to avoid the pronouncement of the death penalty on pregnant women or mothers
having dependent infants, for an offence related to the armed conflict. The
death penalty for such offences shall not be executed on such women.
Art 77. Protection of children
1. Children shall be the object of special respect and shall be protected
against any form of indecent assault. The Parties to the conflict shall provide
them with the care and aid they require, whether because of their age or for
any other reason.
2. The Parties to the conflict shall take all feasible measures in order that
children who have not attained the age of fifteen years do not take a direct
part in hostilities and, in particular, they shall refrain from recruiting them
into their armed forces. In recruiting among those persons who have attained
the age of fifteen years but who have not attained the age of eighteen years
the Parties to the conflict shall endeavour to give priority to those who are
oldest.
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. If arrested, detained or interned for reasons related to the armed conflict,
children shall be held in quarters separate from the quarters of adults, except
where families are accommodated as family units as provided in Article 75,
paragraph 5.
5 . The death penalty for an offence related to the armed conflict shall not be
executed on persons who had not attained the age of eighteen years at the time
the offence was committed.
Art 78. Evacuation of children
1. No Party to the conflict s