Preamble ………………………………………………………………………………………. 239
PART I
General provisions
Article 1 General principles and scope of application……………………….. 240
Article 2 Definitions ……………………………………………………………………… 240
Article 3 Beginning and end of application ……………………………………… 241
Article 4 Legal status of the Parties to the conflict…………………………….. 241
Article 5 Appointment of Protecting Powers and of their substitute …… 241
Article 6 Qualified persons …………………………………………………………….. 242
Article 7 Meetings …………………………………………………………………………. 243
PART II
Wounded, sick and shipwrecked
SECTION I General protection
Article 8 Terminology……………………………………………………………………. 243
Article 9 Field of application ………………………………………………………….. 245
Article 10 Protection and care………………………………………………………….. 245
Article 11 Protection of persons……………………………………………………….. 245
Article 12 Protection of medical units ………………………………………………. 246
Article 13 Discontinuance of protection of civilian medical units………… 247
Article 14 Limitations on requisition of civilian medical units…………….. 247
Article 15 Protection of civilian medical and religious personnel ………… 248
Article 16 General protection of medical duties …………………………………. 248
Article 17 Role of the civilian population and of aid societies ……………… 248
Article 18 Identification…………………………………………………………………… 249
Article 19 Neutral and other States not Parties to the conflict ……………… 250
Article 20 Prohibition of reprisals …………………………………………………….. 250
SECTION II Medical transportation
Article 21 Medical vehicles ………………………………………………………………. 250
234 CONTENTS
Article 22 Hospital ships and coastal rescue craft ………………………………. 250
Article 23 Other medical ships and craft …………………………………………… 251
Article 24 Protection of medical aircraft……………………………………………. 252
Article 25 Medical aircraft in areas not controlled by an adverse Party…. 252
Article 26 Medical aircraft in contact or similar zones………………………… 252
Article 27 Medical aircraft in areas controlled by an adverse Party ………. 252
Article 28 Restrictions on operations of medical aircraft…………………….. 253
Article 29 Notifications and agreements concerning medical aircraft …… 253
Article 30 Landing and inspection of medical aircraft ………………………… 254
Article 31 Neutral or other States not Parties to the conflict ……………….. 254
SECTION III Missing and dead persons
Article 32 General principle …………………………………………………………….. 256
Article 33 Missing persons ………………………………………………………………. 256
Article 34 Remains of deceased………………………………………………………… 257
PART III
Methods and means of warfare
Combatant and prisoner-of-war status
SECTION I Methods and means of warfare
Article 35 Basic rules ………………………………………………………………………. 258
Article 36 New weapons ………………………………………………………………….. 258
Article 37 Prohibition of perfidy ………………………………………………………. 258
Article 38 Recognized emblems ……………………………………………………….. 259
Article 39 Emblems of nationality…………………………………………………….. 259
Article 40 Quarter…………………………………………………………………………… 259
Article 41 Safeguard of an enemy hors de combat……………………………….. 259
Article 42 Occupants of aircraft ……………………………………………………….. 260
SECTION II Combatant and prisoner-of-war status
Article 43 Armed forces…………………………………………………………………… 260
Article 44 Combatants and prisoners of war ……………………………………… 261
Article 45 Protection of persons who have taken part in hostilities………. 262
Article 46 Spies……………………………………………………………………………….. 262
Article 47 Mercenaries …………………………………………………………………….. 263
CONTENTS 235
PART IV
Civilian population
SECTION I General protection against effects of hostilities
CHAPTER I BASIC RULE AND FIELD OF APPLICATION
Article 48 Basic rule ………………………………………………………………………… 264
Article 49 Definition of attacks and scope of application…………………….. 264
CHAPTER II CIVILIANS AND CIVILIAN POPULATION
Article 50 Definition of civilians and civilian population ……………………. 265
Article 51 Protection of the civilian population …………………………………. 265
CHAPTER III CIVILIAN OBJECTS
Article 52 General protection of civilian objects ………………………………… 266
Article 53 Protection of cultural objects and of places of worship………… 267
Article 54 Protection of objects indispensable
to the survival of the civilian population …………………………… 267
Article 55 Protection of the natural environment……………………………….. 267
Article 56 Protection of works and installations
containing dangerous forces ……………………………………………… 268
CHAPTER IV PRECAUTIONARY MEASURES
Article 57 Precautions in attack………………………………………………………… 269
Article 58 Precautions against the effects of attacks ……………………………. 270
CHAPTER V LOCALITIES AND ZONES UNDER SPECIAL PROTECTION
Article 59 Non-defended localities……………………………………………………. 270
Article 60 Demilitarized zones …………………………………………………………. 271
CHAPTER VI CIVIL DEFENCE
Article 61 Definitions and scope ………………………………………………………. 272
Article 62 General protection…………………………………………………………… 273
Article 63 Civil defence in occupied territories ………………………………….. 274
Article 64 Civilian civil defence organizations of neutral or other States
not Parties to the conflict and international co-ordinating
organizations…………………………………………………………………… 274
Article 65 Cessation of protection…………………………………………………….. 275
Article 66 Identification…………………………………………………………………… 275
Article 67 Members of the armed forces
and military units assigned to civil defence organizations ……. 276
SECTION II Relief in favour of the civilian population
Article 68 Field of application ………………………………………………………….. 277
Article 69 Basic needs in occupied territories…………………………………….. 277
Article 70 Relief actions …………………………………………………………………… 278
Article 71 Personnel participating in relief actions……………………………… 278
SECTION III Treatment of persons in the power of a Party to the conflict
CHAPTER I FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJETS
Article 72 Field of application ………………………………………………………….. 279
Article 73 Refugees and stateless persons ………………………………………….. 279
Article 74 Reunion of dispersed families …………………………………………… 280
Article 75 Fundamental guarantees…………………………………………………… 280
CHAPTER II MEASURES IN FAVOUR OF WOMEN AND CHILDREN
Article 76 Protection of women ……………………………………………………….. 282
Article 77 Protection of children………………………………………………………. 282
Article 78 Evacuation of children……………………………………………………… 283
CHAPTER III JOURNALISTS
Article 79 Measures of protection for journalists ……………………………….. 284
PART V
Execution of the Conventions and of this Protocol
SECTION I General Provisions
Article 80 Measures for execution…………………………………………………….. 285
Article 81 Activities of the Red Cross
and other humanitarian organizations……………………………….. 285
Article 82 Legal advisers in armed forces…………………………………………… 286
Article 83 Dissemination …………………………………………………………………. 286
Article 84 Rules of application………………………………………………………….. 286
SECTION II Repression of breaches of the Conventions and of this Protocol
Article 85 Repression of breaches of this Protocol ……………………………… 287
Article 86 Failure to act……………………………………………………………………. 288
Article 87 Duty of commanders……………………………………………………….. 288
Article 88 Mutual assistance in criminal matters………………………………… 289
Article 89 Co-operation…………………………………………………………………… 289
Article 90 International Fact-Finding Commission…………………………….. 289
Article 91 Responsibility………………………………………………………………….. 291
236 CONTENTS
PART VI
Final provisions
Article 92 Signature ………………………………………………………………………… 292
Article 93 Ratification……………………………………………………………………… 292
Article 94 Accession………………………………………………………………………… 292
Article 95 Entry into force ……………………………………………………………….. 292
Article 96 Treaty relations upon entry into force of this Protocol…………. 292
Article 97 Amendment ……………………………………………………………………. 293
Article 98 Revision of Annex I …………………………………………………………. 293
Article 99 Denunciation ………………………………………………………………….. 294
Article 100 Notifications……………………………………………………………………. 294
Article 101 Registration…………………………………………………………………….. 295
Article 102 Authentic texts ………………………………………………………………… 295
ANNEX I
Regulations concerning identification …………………………………………………. 296
Article 1 General provisions …………………………………………………………… 296
CHAPTER I IDENTITY CARDS
Article 2 Identity card for permanent civilian medical
and religious personnel…………………………………………………….. 296
Article 3 Identity card for temporary civilian medical
and religious personnel ……………………………………………………. 297
CHAPTER II THE DISTINCTIVE EMBLEM
Article 4 Shape ……………………………………………………………………………… 299
Article 5 Use…………………………………………………………………………………. 299
CHAPTER III DISTINCTIVE SIGNALS
Article 6 Use…………………………………………………………………………………. 300
Article 7 Light signal……………………………………………………………………… 300
Article 8 Radio signal…………………………………………………………………….. 301
Article 9 Electronic identification …………………………………………………… 301
CHAPTER IV COMMUNICATIONS
Article 10 Radiocommunications……………………………………………………… 302
Article 11 Use of international codes ………………………………………………… 302
Article 12 Other means of communication ……………………………………….. 303
Article 13 Flight plans……………………………………………………………………… 303
Article 14 Signals and procedures for the interception of medical aircraft 303
CONTENTS 237
CHAPTER V CIVIL DEFENCE
Article 15 Identity card……………………………………………………………………. 304
Article 16 International distinctive sign…………………………………………….. 306
CHAPTER VI WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES
Article 17 International special sign………………………………………………….. 307
ANNEX II
Identity card for journalists on dangerous professional missions ………… 308
238 CONTENTS
V
PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE PROTECTION
OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS
(PROTOCOL I),OF 8 JUNE 1977
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
Article 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 the dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of 12 August 1949
for the protection of war victims, shall apply in the situations referred to in
Article 2 common to those Conventions.
4. The situations referred to in the preceding paragraph include armed conflicts in
which peoples are fighting against colonial domination and alien occupation and
against racist r?gimes 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.
Article 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 Shipwrecked 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;
240 ADDITIONAL PROTOCOL I OF 1977
d) substitute?means an organization acting in place of a Protecting Power in
accordance with Article 5.
Article 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.
Article 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.
Article 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 of 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
INTERNATIONAL ARMED CONFLICTS 241
Protecting Power on its behalf in relation to an adverse Party, and ask each
adverse Party to provide a list of 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 of 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.
Article 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.
242 ADDITIONAL PROTOCOL I OF 1977
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
Article 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 sub-paragraph 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;
INTERNATIONAL ARMED CONFLICTS 243
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 of 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 sub-paragraph 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;
244 ADDITIONAL PROTOCOL I OF 1977
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.
Article 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.
Article 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.
INTERNATIONAL ARMED CONFLICTS 245
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.
Article 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.
246 ADDITIONAL PROTOCOL I OF 1977
3. The Parties to the conflict are invited to notify each other of the location of their
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.
Article 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.
Article 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 mat?riel 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.
INTERNATIONAL ARMED CONFLICTS 247
Article 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.
Article 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.
Article 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
248 ADDITIONAL PROTOCOL I OF 1977
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 so long as they are needed.
Article 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 1 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.
INTERNATIONAL ARMED CONFLICTS 249
Article 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.
Article 20 Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are prohibited.
SECTION II
MEDICAL TRANSPORTATION
Article 21 Medical vehicles
Medical vehicles shall be respected and protected in the same way as mobile medical
units under the Conventions and this Protocol.
Article 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.
250 ADDITIONAL PROTOCOL I OF 1977
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.
Article 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 of 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.
INTERNATIONAL ARMED CONFLICTS 251
Article 24 Protection of medical aircraft
Medical aircraft shall be respected and protected, subject to the provisions of this
Part.
Article 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.
Article 26 Medical aircraft in contact or similar zones
1. In 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.
Article 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.
252 ADDITIONAL PROTOCOL I OF 1977
Article 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, sub-paragraph f). 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.
Article 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 26, 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 a
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
INTERNATIONAL ARMED CONFLICTS 253
concerned and shall instruct those units regarding the means of identification
that will be used by the medical aircraft in question.
Article 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 of 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.
Article 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.
254 ADDITIONAL PROTOCOL I OF 1977
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.
INTERNATIONAL ARMED CONFLICTS 255
SECTION III
MISSING AND DEAD PERSONS
Article 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.
Article 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 battlefied 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.
256 ADDITIONAL PROTOCOL I OF 1977
Article 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 of 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 of 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 gravesites 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 of 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 of its intention to exhume the remains together with details of the
intended place of reinterment.
INTERNATIONAL ARMED CONFLICTS 257
PART III
METHODS AND MEANS OF WARFARE
COMBATANT AND PRISONER-OF-WAR STATUS
SECTION I
METHODS AND MEANS OF WARFARE
Article 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.
Article 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.
Article 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.
258 ADDITIONAL PROTOCOL I OF 1977
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.
Article 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.
Article 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.
Article 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.
Article 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;
INTERNATIONAL ARMED CONFLICTS 259
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
COMBATANT AND PRISONER-OF-WAR STATUS
Article 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 of 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.
260 ADDITIONAL PROTOCOL I OF 1977
Article 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
INTERNATIONAL ARMED CONFLICTS 261
those Conventions if they are wounded or sick or, in the case of the Second
Convention, shipwrecked at sea or in other waters.
Article 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-ofwar
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.
Article 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
262 ADDITIONAL PROTOCOL I OF 1977
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.
Article 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.
INTERNATIONAL ARMED CONFLICTS 263
PART IV
CIVILIAN POPULATION
SECTION I
GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
CHAPTER I
BASIC RULE AND FIELD OF APPLICATION
Article 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.
Article 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.
264 ADDITIONAL PROTOCOL I OF 1977
CHAPTER II
CIVILIANS AND CIVILIAN POPULATION
Article 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.
Article 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
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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
Article 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.
266 ADDITIONAL PROTOCOL I OF 1977
Article 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.
Article 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 foodstuffs, agricultural areas
for the production of foodstuffs, 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.
Article 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.
INTERNATIONAL ARMED CONFLICTS 267
2. Attacks against the natural environment by way of reprisals are prohibited.
Article 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.
268 ADDITIONAL PROTOCOL I OF 1977
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 1 to this Protocol. The absence of such marking in no way relieves any
Party to the conflict of its obligations under this Article.
CHAPTER IV
PRECAUTIONARY MEASURES
Article 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 of 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.
INTERNATIONAL ARMED CONFLICTS 269
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.
Article 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
Article 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 nondefended
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.
270 ADDITIONAL PROTOCOL I OF 1977
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 nondefended
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 it 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.
Article 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
INTERNATIONAL ARMED CONFLICTS 271
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 sub-paragraph 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
Article 61 Definitions and scope
For the purposes of this Protocol:
a) 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:
i) warning;
ii) evacuation;
iii) management of shelters;
iv) management of blackout measures;
272 ADDITIONAL PROTOCOL I OF 1977
v) rescue;
vi) medical services, including first aid, and religious assistance;
vii) fire-fighting;
viii) detection and marking of danger areas;
ix) decontamination and similar protective measures;
x) provision of emergency accommodation and supplies;
xi) emergency assistance in the restoration and maintenance of order
in distressed areas;
xii) emergency repair of indispensable public utilities;
xiii) emergency disposal of the dead;
xiv) assistance in the preservation of objects essential for survival;
xv) complementary activities necessary to carry out any of the tasks
mentioned above, including, but not limited to, planning and
organization;
b) 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 sub-paragraph a),
and which are assigned and devoted exclusively to such tasks;
c) personnel? of civil defence organizations means those persons assigned by
a Party to the conflict exclusively to the performance of the tasks mentioned
under sub-paragraph a), including personnel assigned by the competent
authority of that Party exclusively to the administration of these
organizations;
d) mat?riel? of civil defence organizations means equipment, supplies and
transports used by these organizations for the performance of the tasks
mentioned under sub-paragraph a).
Article 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 mat?riel 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.
INTERNATIONAL ARMED CONFLICTS 273
Article 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 mat?riel 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 mat?riel 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.
Article 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 mat?riel 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 coordination
of such civil defence actions when appropriate. In such cases the
relevant international organizations are covered by the provisions of this Chapter.
274 ADDITIONAL PROTOCOL I OF 1977
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.
Article 65 Cessation of protection
1. The protection to which civilian civil defence organizations, their personnel,
buildings, shelters and mat?riel 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.
Article 66 Identification
1. Each Party to the conflict shall endeavour to ensure that its civil defence
organizations, their personnel, buildings and mat?riel, are identifiable while they
are exclusively devoted to the perfomance 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
INTERNATIONAL ARMED CONFLICTS 275
as civil defence personnel, buildings and mat?riel 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 mat?riel 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 1 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.
Article 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 1 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;
276 ADDITIONAL PROTOCOL I OF 1977
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 mat?riel 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
Article 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.
Article 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.
INTERNATIONAL ARMED CONFLICTS 277
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.
Article 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.
Article 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.
278 ADDITIONAL PROTOCOL I OF 1977
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
Article 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.
Article 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.
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Article 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.
Article 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:
280 ADDITIONAL PROTOCOL I OF 1977
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 of 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 of 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 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 of such crimes should be submitted for the purpose
of prosecution and trial in accordance with the applicable rules of
international law; and
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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
Article 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.
Article 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.
282 ADDITIONAL PROTOCOL I OF 1977
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.
Article 78 Evacuation of children
1. No Party to the conflict shall arrange for the evacuation of children, other than
its own nationals, to a foreign country except for a temporary evacuation where
compelling reasons of the health or medical treatment of the children or, except
in occupied territory, their safety, so require. Where the parents or legal
guardians can be found, their written consent to such evacuation is required. If
these persons cannot be found, the written consent to such evacuation of the
persons who by law or custom are primarily responsible for the care of the
children is required.Any such evacuation shall be supervised by the Protecting
Power in agreement with the Parties concerned, namely, the Party arranging for
the evacuation, the Party receiving the children and any Parties whose nationals
are being evacuated. In each case, all Parties to the conflict shall take all feasible
precautions to avoid endangering the evacuation.
2. Whenever an evacuation occurs pursuant to paragraph 1, each child?s education,
including his religious and moral education as his parents desire, shall be
provided while he is away with the greatest possible continuity.
3. With a view to facilitating the return to their families and country of children
evacuated pursuant to this Article, the authorities of the Party arranging for the
evacuation and, as appropriate, the authorities of the receiving country shall
establish for each child a card with photographs, which they shall send to the
Central Tracing Agency of the International Committee of the Red Cross. Each
card shall bear, whenever possible, and whenever it involves no risk of harm to
the child, the following information:
a) surname(s) of the child;
b) the child?s first name(s);
c) the child?s sex;
d) the place and date of birth (or, if that date is not known, the approximate age);
e) the father?s full name;
f) the mother?s full name and her maiden name;
g) the child?s next of kin;
h) the child?s nationality;
i) the child?s native language, and any other languages he speaks;
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j) the address of the child?s family;
k) any identification number for the child;
l) the child?s state of health;
m) the child?s blood group;
n) any distinguishing features;
o) the date on which and the place where the child was found;
p) the date on which and the place from which the child left the country;
q) the child?s religion, if any;
r) the child?s present address in the receiving country;
s) should the child die before his return, the date, place and circumstances of
death and place of interment.
CHAPTER III
JOURNALISTS
Article 79 Measures of protection for journalists
1. Journalists engaged in dangerous professional missions in areas of armed
conflict shall be considered as civilians within the meaning of Article 50,
paragraph 1.
2. They shall be protected as such under the Conventions and this Protocol,
provided that they take no action adversely affecting their status as civilians, and
without prejudice to the right of war correspondents accredited to the armed
forces to the status provided for in Article 4 A 4) of the Third Convention.
3. They may obtain an identity card similar to the model in Annex II of this
Protocol. This card, which shall be issued by the government of the State of
which the journalist is a national or in whose territory he resides or in which the
news medium employing him is located, shall attest to his status as a journalist.
284 ADDITIONAL PROTOCOL I OF 1977
PART V
EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
SECTION I
GENERAL PROVISIONS
Article 80 Measures for execution
1. The High Contracting Parties and the Parties to the conflict shall without delay
take all necessary measures for the execution of their obligations under the
Conventions and this Protocol.
2. The High Contracting Parties and the Parties to the conflict shall give orders and
instructions to ensure observance of the Conventions and this Protocol, and
shall supervise their execution.
Article 81 Activities of the Red Cross and other humanitarian organizations
1. The Parties to the conflict shall grant to the International Committee of the Red
Cross all facilities within their power so as to enable it to carry out the
humanitarian functions assigned to it by the Conventions and this Protocol in
order to ensure protection and assistance to the victims of conflicts; the
International Committee of the Red Cross may also carry out any other
humanitarian activities in favour of these victims, subject to the consent of the
Parties to the conflict concerned.
2. The Parties to the conflict shall grant to their respective Red Cross (Red
Crescent, Red Lion and Sun) organizations the facilities necessary for carrying
out their humanitarian activities in favour of the victims of the conflict, in
accordance with the provisions of the Conventions and this Protocol and the
Fundamental Principles of the Red Cross as formulated by the International
Conferences of the Red Cross.
3. The High Contracting Parties and the Parties to the conflict shall facilitate in
every possible way the assistance which Red Cross (Red Crescent, Red Lion and
Sun) organizations and the League of Red Cross Societies1 extend to the victims
INTERNATIONAL ARMED CONFLICTS 285
1 On 10 February 1992 the Swiss Federal Council, government of the State depositary of the 1949 Geneva
Conventions, notified all States party to the Conventions that on 28 November 1991 the League of Red Cross
and Red Crescent Societies had changed its name to International Federation of Red Cross and Red Crescent
Societies?.
of conflicts in accordance with the provisions of the Conventions and this
Protocol and with the Fundamental Principles of the Red Cross as formulated by
the International Conferences of the Red Cross.
4. The High Contracting Parties and the Parties to the conflict shall, as far as
possible, make facilities similar to those mentioned in paragraphs 2 and 3
available to the other humanitarian organizations referred to in the Conventions
and this Protocol which are duly authorized by the respective Parties to the
conflict and which perform their humanitarian activities in accordance with the
provisions of the Conventions and this Protocol.
Article 82 Legal advisers in armed forces
The High Contracting Parties at all times, and the Parties to the conflict in time of
armed conflict, shall ensure that legal advisers are available, when necessary, to
advise military commanders at the appropriate level on the application of the
Conventions and this Protocol and on the appropriate instruction to be given to the
armed forces on this subject.
Article 83 Dissemination
1. The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate the Conventions and this Protocol as widely as possible
in their respective countries and, in particular, to include the study thereof in
their programmes of military instruction and to encourage the study thereof by
the civilian population, so that those instruments may become known to the
armed forces and to the civilian population.
2. Any military or civilian authorities who, in time of armed conflict, assume
responsibilities in respect of the application of the Conventions and this
Protocol shall be fully acquainted with the text thereof.
Article 84 Rules of application
The High Contracting Parties shall communicate to one another, as soon as possible,
through the depositary and, as appropriate, through the Protecting Powers,
their official translations of this Protocol, as well as the laws and regulations which
they may adopt to ensure its application.
286 ADDITIONAL PROTOCOL I OF 1977
SECTION II
REPRESSION OF BREACHES OF THE CONVENTIONS
AND OF THIS PROTOCOL
Article 85 Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of breaches and
grave breaches, supplemented by this Section, shall apply to the repression of
breaches and grave breaches of this Protocol.
2. Acts described as grave breaches in the Conventions are grave breaches of this
Protocol if committed against persons in the power of an adverse Party protected
by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and
shipwrecked of the adverse Party who are protected by this Protocol, or against
those medical or religious personnel, medical units or medical transports which
are under the control of the adverse Party and are protected by this Protocol.
3. In addition to the grave breaches defined in Article 11, the following acts shall be
regarded as grave breaches of this Protocol, when committed wilfully, in
violation of the relevant provisions of this Protocol, and causing death or serious
injury to body or health:
a) making the civilian population or individual civilians the object of attack;
b) launching an indiscriminate attack affecting the civilian population or
civilian objects in the knowledge that such attack will cause excessive loss of
life, injury to civilians or damage to civilian objects, as defined in Article 57,
paragraph 2 a) iii);
c) launching an attack against works or installations containing dangerous
forces in the knowledge that such attack will cause excessive loss of life,
injury to civilians or damage to civilian objects, as defined in Article 57,
paragraph 2 a) iii);
d) making non-defended localities and demilitarized zones the object of attack;
e) making a person the object of attack in the knowledge that he is hors de
combat;
f) the perfidious use, in violation of Article 37, of the distinctive emblem of the
red cross, red crescent or red lion and sun or of other protective signs
recognized by the Conventions or this Protocol.
4. In addition to the grave breaches defined in the preceding paragraphs and in the
Conventions, the following shall be regarded as grave breaches of this Protocol,
when committed wilfully and in violation of the Conventions or the Protocol:
a) the transfer by the Occupying Power of parts of its own civilian population
into the territory it occupies, or the deportation or transfer of all or parts of
the population of the occupied territory within or outside this territory, in
violation of Article 49 of the Fourth Convention;
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b) unjustifiable delay in the repatriation of prisoners of war or civilians;
c) practices of apartheid and other inhuman and degrading practices involving
outrages upon personal dignity, based on racial discrimination;
d) making the clearly-recognized historic monuments,works of art or places of
worship which constitute the cultural or spiritual heritage of peoples and to
which special protection has been given by special arrangement, for example,
within the framework of a competent international organization, the object
of attack, causing as a result extensive destruction thereof, where there is
no evidence of the violation by the adverse Party of Article 53, subparagraph
b), and when such historic monuments,works of art and places of
worship are not located in the immediate proximity of military objectives;
e) depriving a person protected by the Conventions or referred to in
paragraph 2 of this Article of the rights of fair and regular trial.
5. Without prejudice to the application of the Conventions and of this Protocol,
grave breaches of these instruments shall be regarded as war crimes.
Article 86 Failure to act
1. The High Contracting Parties and the Parties to the conflict shall repress grave
breaches, and take measures necessary to suppress all other breaches, of the
Conventions or of this Protocol which result from a failure to act when under a
duty to do so.
2. The fact that a breach of the Conventions or of this Protocol was committed by
a subordinate does not absolve his superiors from penal or disciplinary
responsibility, as the case may be, if they knew, or had information which should
have enabled them to conclude in the circumstances at the time, that he was
committing or was going to commit such a breach and if they did not take all
feasible measures within their power to prevent or repress the breach.
Article 87 Duty of commanders
1. The High Contracting Parties and the Parties to the conflict shall require
military commanders, with respect to members of the armed forces under their
command and other persons under their control, to prevent and, where
necessary, to suppress and report to competent authorities breaches of the
Conventions and of this Protocol.
2. In order to prevent and suppress breaches,High Contracting Parties and Parties
to the conflict shall require that, commensurate with their level of responsibility,
commanders ensure that members of the armed forces under their command
are aware of their obligations under the Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall require any
commander who is aware that subordinates or other persons under his control
are going to commit or have committed a breach of the Conventions or of this
288 ADDITIONAL PROTOCOL I OF 1977
Protocol, to initiate such steps as are necessary to prevent such violations of the
Conventions or this Protocol, and, where appropriate, to initiate disciplinary or
penal action against violators thereof.
Article 88 Mutual assistance in criminal matters
1. The High Contracting Parties shall afford one another the greatest measure of
assistance in connexion with criminal proceedings brought in respect of grave
breaches of the Conventions or of this Protocol.
2. Subject to the rights and obligations established in the Conventions and in
Article 85, paragraph 1, of this Protocol, and when circumstances permit, the
High Contracting Parties shall co-operate in the matter of extradition. They
shall give due consideration to the request of the State in whose territory the
alleged offence has occurred.
3. The law of the High Contracting Party requested shall apply in all cases.
The provisions of the preceding paragraphs shall not, however, affect the obligations
arising from the provisions of any other treaty of a bilateral or multilateral
nature which governs or will govern the whole or part of the subject of mutual
assistance in criminal matters.
Article 89 Co-operation
In situations of serious violations of the Conventions or of this Protocol, the High
Contracting Parties undertake to act, jointly or individually, in co-operation with
the United Nations and in conformity with the United Nations Charter.
Article 90 International Fact-Finding Commission
1. a) An International Fact-Finding Commission (hereinafter referred to as the
Commission?) consisting of fifteen members of high moral standing and
acknowledged impartiality shall be established.
b) When not less than twenty High Contracting Parties have agreed to accept
the competence of the Commission pursuant to paragraph 2, the depositary
shall then, and at intervals of five years thereafter, convene a meeting of
representatives of those High Contracting Parties for the purpose of electing
the members of the Commission. At the meeting, the representatives shall
elect the members of the Commission by secret ballot from a list of persons
to which each of those High Contracting Parties may nominate one person.
c) The members of the Commission shall serve in their personal capacity and
shall hold office until the election of new members at the ensuing meeting.
d) At the election, the High Contracting Parties shall ensure that the persons to
be elected to the Commission individually possess the qualifications
required and that, in the Commission as a whole, equitable geographical
representation is assured.
INTERNATIONAL ARMED CONFLICTS 289
e) In the case of a casual vacancy, the Commission itself shall fill the vacancy,
having due regard to the provisions of the preceding sub-paragraphs.
f) The depositary shall make available to the Commission the necessary
administrative facilities for the performance of its functions.
2. a) The High Contracting Parties may at the time of signing, ratifying or
acceding to the Protocol, or at any other subsequent time, declare that they
recognize ipso facto and without special agreement, in relation to any other
High Contracting Party accepting the same obligation, the competence of
the Commission to enquire into allegations by such other Party, as
authorized by this Article.
b) The declarations referred to above shall be deposited with the depositary,
which shall transmit copies thereof to the High Contracting Parties.
c) The Commission shall be competent to:
i) enquire into any facts alleged to be a grave breach as defined in the
Conventions and this Protocol or other serious violation of the
Conventions or of this Protocol;
ii) facilitate, through its good offices, the restoration of an attitude of
respect for the Conventions and this Protocol.
d) In other situations, the Commission shall institute an enquiry at the request
of a Party to the conflict only with the consent of the other Party or Parties
concerned.
e) Subject to the foregoing provisions of this paragraph, the provisions of
Article 52 of the First Convention, Article 53 of the Second Convention,
Article 132 of the Third Convention and Article 149 of the Fourth
Convention shall continue to apply to any alleged violation of the
Conventions and shall extend to any alleged violation of this Protocol.
3. a) Unless otherwise agreed by the Parties concerned, all enquiries shall be
undertaken by a Chamber consisting of seven members appointed as
follows:
i) five members of the Commission, not nationals of any Party to the
conflict, appointed by the President of the Commission on the basis
of equitable representation of the geographical areas, after consultation
with the Parties to the conflict;
ii) two ad hocmembers,not nationals of any Party to the conflict, one to be
appointed by each side.
b) Upon receipt of the request for an enquiry, the President of the Commission
shall specify an appropriate time-limit for setting up a Chamber. If any ad
hoc member has not been appointed within the time-limit, the President
shall immediately appoint such additional member or members of the
Commission as may be necessary to complete the membership of the
Chamber.
290 ADDITIONAL PROTOCOL I OF 1977
4. a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite
the Parties to the conflict to assist it and to present evidence. The Chamber
may also seek such other evidence as it deems appropriate and may carry out
an investigation of the situation in loco.
b) All evidence shall be fully disclosed to the Parties, which shall have the right
to comment on it to the Commission.
c) Each Party shall have the right to challenge such evidence.
5. a) The Commission shall submit to the Parties a report on the findings of fact
of the Chamber, with such recommendations as it may deem appropriate.
b) If the Chamber is unable to secure sufficient evidence for factual and
impartial findings, the Commission shall state the reasons for that inability.
c) The Commission shall not report its findings publicly, unless all the Parties
to the conflict have requested the Commission to do so.
6. The Commission shall establish its own rules, including rules for the presidency
of the Commission and the presidency of the Chamber. Those rules shall ensure
that the functions of the President of the Commission are exercised at all times
and that, in the case of an enquiry, they are exercised by a person who is not a
national of a Party to the conflict.
7. The administrative expenses of the Commission shall be met by contributions
from the High Contracting Parties which made declarations under paragraph 2,
and by voluntary contributions. The Party or Parties to the conflict requesting
an enquiry shall advance the necessary funds for expenses incurred by a
Chamber and shall be reimbursed by the Party or Parties against which the
allegations are made to the extent of fifty per cent of the costs of the Chamber.
Where there are counter-allegations before the Chamber each side shall advance
fifty per cent of the necessary funds.
Article 91 Responsibility
A Party to the conflict which violates the provisions of the Conventions or of this
Protocol shall, if the case demands, be liable to pay compensation. It shall be
responsible for all acts committed by persons forming part of its armed forces.
INTERNATIONAL ARMED CONFLICTS 291
PART VI
FINAL PROVISIONS
Article 92 Signature
This Protocol shall be open for signature by the Parties to the Conventions six
months after the signing of the Final Act and will remain open for a period of
twelve months.
Article 93 Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification
shall be deposited with the Swiss Federal Council, depositary of the Conventions,
Article 94 Accession
This Protocol shall be open for accession by any Party to the Conventions which has
not signed it. The instruments of accession shall be deposited with the depositary.
Article 95 Entry into force
1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party of its
instrument of ratification or accession.
Article 96 Treaty relations upon entry into force of this Protocol
1. When the Parties to the Conventions are also Parties to this Protocol, the
Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties
to the Protocol shall remain bound by it in their mutual relations. They shall
furthermore be bound by this Protocol in relation to each of the Parties which
are not bound by it, if the latter accepts and applies the provisions thereof.
3. The authority representing a people engaged against a High Contracting Party
in an armed conflict of the type referred to in Article 1, paragraph 4, may
undertake to apply the Conventions and this Protocol in relation to that conflict
by means of a unilateral declaration addressed to the depositary. Such
declaration shall, upon its receipt by the depositary, have in relation to that
conflict the following effects:
a) the Conventions and this Protocol are brought into force for the said
authority as a Party to the conflict with immediate effect;
292 ADDITIONAL PROTOCOL I OF 1977
b) the said authority assumes the same rights and obligations as those which
have been assumed by a High Contracting Party to the Conventions and this
Protocol; and
c) the Conventions and this Protocol are equally binding upon all Parties to the
conflict.
Article 97 Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting Parties and
the International Committee of the Red Cross, whether a conference should be
convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Conventions,whether or not they are signatories of this
Protocol.
Article 98 Revision of Annex I
1. Not later than four years after the entry into force of this Protocol and thereafter
at intervals of not less than four years, the International Committee of the Red
Cross shall consult the High Contracting Parties concerning Annex 1 to this
Protocol and, if it considers it necessary, may propose a meeting of technical
experts to review Annex 1 and to propose such amendments to it as may appear
to be desirable. Unless, within six months of the communication of a proposal
for such a meeting to the High Contracting Parties, one third of them object, the
International Committee of the Red Cross shall convene the meeting, inviting
also observers of appropriate international organizations. Such a meeting shall
also be convened by the International Committee of the Red Cross at any time
at the request of one third of the High Contracting Parties.
2. The depositary shall convene a conference of the High Contracting Parties and
the Parties to the Conventions to consider amendments proposed by the
meeting of technical experts if, after that meeting, the International Committee
of the Red Cross or one third of the High Contracting Parties so request.
3. Amendments to Annex 1 may be adopted at such a conference by a two-thirds
majority of the High Contracting Parties present and voting.
4. The depositary shall communicate any amendment so adopted to the High
Contracting Parties and to the Parties to the Conventions.The amendment shall
be considered to have been accepted at the end of a period of one year after it has
been so communicated, unless within that period a declaration of nonacceptance
of the amendment has been communicated to the depositary by not
less than one third of the High Contracting Parties.
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5. An amendment considered to have been accepted in accordance with
paragraph 4 shall enter into force three months after its acceptance for all High
Contracting Parties other than those which have made a declaration of nonacceptance
in accordance with that paragraph. Any Party making such a
declaration may at any time withdraw it and the amendment shall then enter
into force for that Party three months thereafter.
6. The depositary shall notify the High Contracting Parties and the Parties to the
Conventions of the entry into force of any amendment, of the Parties bound
thereby, of the date of its entry into force in relation to each Party, of declarations
of non-acceptance made in accordance with paragraph 4, and of withdrawals of
such declarations.
Article 99 Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in one of the situations referred to in Article 1, the denunciation shall
not take effect before the end of the armed conflict or occupation and not, in any
case, before operations connected with the final release, repatriation or reestablishment
of the persons protected by the Conventions or this Protocol have
been terminated.
2. The denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict, under this Protocol by such
denouncing Party in respect of any act committed before this denunciation
becomes effective.
Article 100 Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the
Conventions, whether or not they are signatories of this Protocol, of:
a) signatures affixed to this Protocol and the deposit of instruments of
ratification and accession under Articles 93 and 94;
b) the date of entry into force of this Protocol under Article 95;
c) communications and declarations received under Articles 84, 90 and 97;
d) declarations received under Article 96, paragraph 3, which shall be
communicated by the quickest methods; and
e) denunciations under Article 99.
294 ADDITIONAL PROTOCOL I OF 1977
Article 101 Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to
the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with respect to this
Protocol.
Article 102 Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the depositary,
which shall transmit certified true copies thereof to all the Parties to the
Conventions.
INTERNATIONAL ARMED CONFLICTS 295