doctype: protocol

identifier: Additional Protocol (I) to the Geneva Conventions, 1977

depositary: Switzerland

publisher: International Committee of the Red Cross

reference: Additional Protocol (I) to the Geneva Conventions, 1977

title: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

country: Liechtenstein

action: accession

action: declaration

reservation: Reservations made at the time of ratification "Reservation concerning Article 75 of Protocol I Article 75 of Protocol I will be implemented provided that a) paragraph 4(e) is not incompatible with legislation under which any accused who causes a disturbance in court or whose presence could impede the questioning of another accused, a witness or expert may be excluded from the courtroom; b) paragraph 4(h) is not incompatible with legislation providing for the reopening of a trial which has already led to a person's conviction or acquittal; c) paragraph 4(i) is not incompatible with legislation relating to the public nature of hearings and of the pronouncement of judgement. Reservation concerning Article 6 of Protocol II Article 6, paragraph 2(e), of Protocol II will be implemented provided that it is not incompatible with legislation under which any accused who causes a disturbance in court or whose presence could impede the questioning of another accused or of a witness or expert may be excluded from the court room." SOURCE: Notification by the depositary addressed to the ICRC on 11 August 1989.

country: Comoros

country: United Kingdom of Great Britain and Northern Ireland

reservation: Declarations and reservations made upon ratification: "(...) I also have the honour to lodge with the Government of the Swiss Federation, as the depository of Additional Protocol I the following statements in respect of the ratification by the United Kingdom of that Protocol: (a) It continues to be the understanding of the United Kingdom that the rules introduced by the Protocol apply exclusively to conventional weapons without prejudice to any other rules of international law applicable to other types of weapons. In particular, the rules so introduced do not have any effect on and do not regulate or prohibit the use of nuclear weapons. (b) The United Kingdom understands the term "feasible" as used in the Protocol to mean that which is practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. (c) Military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. (d) Re: ARTICLE 1, paragraph 4 and ARTICLE 96, paragraph 3 It is the understanding of the United Kingdom that the term "armed conflict" of itself and in its context denotes a situation of a kind which is not constituted by the commission of ordinary crimes including acts of terrorism whether concerted or in isolation. The United Kingdom will not, in relation to any situation in which it is itself involved, consider itself bound in consequence of any declaration purporting to be made under paragraph 3 of Article 96 unless the United Kingdom shall have expressly recognised that it has been made by a body which is genuinely an authority representing a people engaged in an armed conflict of the type to which Article 1, paragraph 4, applies. (e) Re: ARTICLE 28, paragraph 2 Given the practical need to make use of non-dedicated aircraft for medical evacuation purposes, the United Kingdom does not interpret this paragraph as precluding the presence on board of communications equipment and encryption materials or the use thereof solely to facilitate navigation, identification or communication in support of medical transportation as defined in Article 8(f). (f) Re: ARTICLE 35, paragraph 3 and ARTICLE 55 The United Kingdom understands both of these provisions to cover the employment of methods and means of warfare and that the risk of environmental damage falling within the scope of these provisions arising from such methods and means of warfare is to be assessed objectively on the basis of the information available at the time. (g) Re ARTICLE 44, paragraph 3 It is the understanding of the United Kingdom that: - the situation in the second sentence of paragraph 3 can only exist in occupied territory or in armed conflicts covered by paragraph 4 of Article 1; - "deployment" in paragraph 3(b) means any movement towards a place from which an attack is to be launched. (h) Re: ARTICLE 50 In the view of the United Kingdom the rule in the second sentence of paragraph 1 applies only in cases of substantial doubt still remaining after the assessment referred to at paragraph (c) above has been made, and not as overriding a commander's duty to protect the safety of troops under his command or to preserve his military situation, in conformity with other provisions of the Protocol. (i) Re: ARTICLE 51 and ARTICLE 57 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. (j) Re: ARTICLE 52 It is the understanding of the United Kingdom that: - a specific area of land may be a military objective if, because of its location or other reasons specified in this Article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers definite military advantage; - the first sentence of paragraph 2 prohibits only such attacks as may be directed against non-military objectives; it does not deal with the question of collateral damage resulting from attacks directed against military objectives. (k) Re: ARTICLE 53 The United Kingdom declares that if the objects protected by this Article are unlawfully used for military purposes they will thereby lose protection from attacks directed against such unlawful military uses. (l) Re: ARTICLE 54, paragraph 2 The United Kingdom understands that paragraph 2 has no application to attacks that are carried out for a specific purpose other than denying sustenance to the civilian population or the adverse party. (m) Re: ARTICLE 51 - 55 The obligations of Articles 51 and 55 are accepted on the basis that any adverse party against which the United Kingdom might be engaged will itself scrupulously observe those obligations. If an adverse party makes serious and deliberate attacks, in violation of Article 51 or Article 52 against the civilian population or civilians or against civilian objects, or, in violation of Articles 53, 54 and 55, on objects or items protected by those Articles, the United Kingdom will regard itself as entitled to take measures otherwise prohibited by the Articles in question to the extent that it considers such measures necessary for the sole purpose of compelling the adverse party to cease committing violations under those Articles, but only after formal warning to the adverse party requiring cessation of the violations has been disregarded and then only after a decision taken at the highest level of government. Any measures thus taken by the United Kingdom will not be disproportionate to the violations giving rise there to and will not involve any action prohibited by the Geneva Conventions of 1949 nor will such measures be continued after the violations have ceased. The United Kingdom will notify the Protecting Powers of any such formal warning given to an adverse party, and if that warning has been disregarded, of any measures taken as a result. (n) Re: ARTICLE 56 and 85, paragraph 3c The United Kingdom cannot undertake to grant absolute protection to installations which may contribute to the opposing Party's war effort, or to the defenders of such installations, but will take all due precautions in military operations at or near the installations referred to in paragraph 1 of Article 56 in the light of the known facts, including any special marking which the installation may carry, to avoid sever collateral losses among the civilian populations; direct attacks on such installations will be launched only on authorisation at a high level of command. (o) Re: ARTICLE 57, paragraph 2 The United Kingdom understands that the obligation to comply with paragraph 2(b) only extends to those who have the authority and practical possibility to cancel or suspend the attack. (p) Re: ARTICLE 70 It is the understanding of the United Kingdom that this Article does not affect the existing rules of naval warfare regarding naval blockade, submarine warfare or mine warfare. (...) " SOURCE: Corrected Letter of 28 January 1998 sent to the Swiss Government by Christopher Hulse, HM Ambassador of the United Kingdom

reservation: Declaration: (...) has the honour to declare, on behalf of the UK Government , that its ratification of Additional Protocols shall be extended to the following territories for whose international relations it is responsible: Anguilla ; Bermuda ; British Antarctic Territory ; British Indian Ocean Territory ; British Virgin Islands ; Cyaman Ilsands ; Falkland Islands ; Montserrat ; Pitcairn ; Henderson ; Ducie and Oeno Islands ; St Helena and Dependencies ; South Georgia and South Sandwich Islands ; Sovereign Base Areas of Akrotiri and Dhekelia ; Turks and Caicos Islands (...) [idem for Declaration article 90] (...) The UK Government reserves the right to extend its ratification of Additional protocols and/or its declaration in respect of the recognition of competence of the International Fact-Finding Commission at a later date to any other territories for whose international relations the UK Government is responsible. Reservations (also extended to the territories mentioned in 2 July 2002 declaration): "(...) I also have the honour to lodge with the Government of the Swiss Federation, as the depository of Additional Protocol I the following statements in respect of the ratification by the United Kingdom of that Protocol: (a) It continues to be the understanding of the United Kingdom that the rules introduced by the Protocol apply exclusively to conventional weapons without prejudice to any other rules of international law applicable to other types of weapons. In particular, the rules so introduced do not have any effect on and do not regulate or prohibit the use of nuclear weapons. (b) The United Kingdom understands the term "feasible" as used in the Protocol to mean that which is practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. (c) Military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. (d) Re: ARTICLE 1, paragraph 4 and ARTICLE 96, paragraph 3 It is the understanding of the United Kingdom that the term "armed conflict" of itself and in its context denotes a situation of a kind which is not constituted by the commission of ordinary crimes including acts of terrorism whether concerted or in isolation. The United Kingdom will not, in relation to any situation in which it is itself involved, consider itself bound in consequence of any declaration purporting to be made under paragraph 3 of Article 96 unless the United Kingdom shall have expressly recognised that it has been made by a body which is genuinely an authority representing a people engaged in an armed conflict of the type to which Article 1, paragraph 4, applies. (e) Re: ARTICLE 28, paragraph 2 Given the practical need to make use of non-dedicated aircraft for medical evacuation purposes, the United Kingdom does not interpret this paragraph as precluding the presence on board of communications equipment and encryption materials or the use thereof solely to facilitate navigation, identification or communication in support of medical transportation as defined in Article 8(f). (f) Re: ARTICLE 35, paragraph 3 and ARTICLE 55 The United Kingdom understands both of these provisions to cover the employment of methods and means of warfare and that the risk of environmental damage falling within the scope of these provisions arising from such methods and means of warfare is to be assessed objectively on the basis of the information available at the time. (g) Re ARTICLE 44, paragraph 3 It is the understanding of the United Kingdom that: - the situation in the second sentence of paragraph 3 can only exist in occupied territory or in armed conflicts covered by paragraph 4 of Article 1; - "deployment" in paragraph 3(b) means any movement towards a place from which an attack is to be launched. (h) Re: ARTICLE 50 In the view of the United Kingdom the rule in the second sentence of paragraph 1 applies only in cases of substantial doubt still remaining after the assessment referred to at paragraph (c) above has been made, and not as overriding a commander's duty to protect the safety of troops under his command or to preserve his military situation, in conformity with other provisions of the Protocol. (i) Re: ARTICLE 51 and ARTICLE 57 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. (j) Re: ARTICLE 52 It is the understanding of the United Kingdom that: - a specific area of land may be a military objective if, because of its location or other reasons specified in this Article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers definite military advantage; - the first sentence of paragraph 2 prohibits only such attacks as may be directed against non-military objectives; it does not deal with the question of collateral damage resulting from attacks directed against military objectives. (k) Re: ARTICLE 53 The United Kingdom declares that if the objects protected by this Article are unlawfully used for military purposes they will thereby lose protection from attacks directed against such unlawful military uses. (l) Re: ARTICLE 54, paragraph 2 The United Kingdom understands that paragraph 2 has no application to attacks that are carried out for a specific purpose other than denying sustenance to the civilian population or the adverse party. (m) Re: ARTICLE 51 - 55 The obligations of Articles 51 and 55 are accepted on the basis that any adverse party against which the United Kingdom might be engaged will itself scrupulously observe those obligations. If an adverse party makes serious and deliberate attacks, in violation of Article 51 or Article 52 against the civilian population or civilians or against civilian objects, or, in violation of Articles 53, 54 and 55, on objects or items protected by those Articles, the United Kingdom will regard itself as entitled to take measures otherwise prohibited by the Articles in question to the extent that it considers such measures necessary for the sole purpose of compelling the adverse party to cease committing violations under those Articles, but only after formal warning to the adverse party requiring cessation of the violations has been disregarded and then only after a decision taken at the highest level of government. Any measures thus taken by the United Kingdom will not be disproportionate to the violations giving rise there to and will not involve any action prohibited by the Geneva Conventions of 1949 nor will such measures be continued after the violations have ceased. The United Kingdom will notify the Protecting Powers of any such formal warning given to an adverse party, and if that warning has been disregarded, of any measures taken as a result. (n) Re: ARTICLE 56 and 85, paragraph 3c The United Kingdom cannot undertake to grant absolute protection to installations which may contribute to the opposing Party's war effort, or to the defenders of such installations, but will take all due precautions in military operations at or near the installations referred to in paragraph 1 of Article 56 in the light of the known facts, including any special marking which the installation may carry, to avoid sever collateral losses among the civilian populations; direct attacks on such installations will be launched only on authorisation at a high level of command. (o) Re: ARTICLE 57, paragraph 2 The United Kingdom understands that the obligation to comply with paragraph 2(b) only extends to those who have the authority and practical possibility to cancel or suspend the attack. (p) Re: ARTICLE 70 It is the understanding of the United Kingdom that this Article does not affect the existing rules of naval warfare regarding naval blockade, submarine warfare or mine warfare. (...) " SOURCE: Corrected Letter of 28 January 1998 sent to the Swiss Government by Christopher Hulse, HM Ambassador of the United Kingdom

reservation: Declaration: "Her Britannic Majesty's Embassy also has the honor to declare, on behalf of the Government of the United Kingdom, that its ratification of Protocol I and II extends to the Bailiwick of Guernsey and the Isle of Man, in addition to the territories for whose international relations the United Kingdom is responsible and to which these Protocols were extended on 2 July 2002. In this respect, both the statements lodged on 2 July 2002 in respect of the extension of Protocol I, and the Government’s declaration of recognition of 17 May 1999 in respect of the competence of the International Fact-Finding Commission, shall also apply to the territories to which Protocol I is now extended."

reservation: Declaration: "Her Britannic Majesty's Embassy has the honor to declare, on behalf of the Government of the United Kingdom, that its ratification of the above Protocols extends to the Bailiwick of Jer sey , in addition to the territories to which they have already been extended . In this respect, both the statements lodged on 2 July 2002 in respect of the extension of Protocol I and the Government’s declaration of 17 May 1999 in respect of recognition of the competence of the International Fact Finding Commission shall also apply. "

country: Lebanon

country: Afghanistan

country: Slovenia

action: succession

country: Philippines

reservation: The instrument of ratification contained the following understandings (original in English language): "a) The application of Protocol I, particularly Articles 1(4), 4 and 96(3) shall not affect the legal status of the Parties to the conflict, nor the legal status of the concerned territory; as such, no claim of status of belligerency may be invoked therefrom; b) The application of Protocol I may in no case be invoked in internal armed conflicts within sovereign States; c) The terms “armed conflict” and “conflict” do not include the commission of ordinary crimes, whether collective or isolated."

country: Cook Islands

country: Australia

reservation: Declarations made at the time of ratification. In depositing its instrument of ratification for Protocol I, Australia hereby makes declarations of understanding in relation to Articles 5, 44 and 51 to 58 inclusive of the said Protocol. It is Australia's understanding that in relation to Article 5, with regard to the issue whether, and in what measure, Protecting Powers may have to exercise any functions within the combat zone (such as may be implied by provisions in Parts II and IV of the Protocol), the role of the Protecting Power will be of a like character to that specified in the First and Second Conventions and Part II of the Fourth Convention, which apply mainly to the battlefield and its immediate surroundings. It is the understanding of Australia that in relation to Article 44, the situation described in the second sentence of paragraph 3 can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1. Australia will interpret the word "deployment" in paragraph 3(b) of the Article as meaning any movement towards a place from which an attack is to be launched. It will interpret the words "visible to the adversary" in the same paragraph as including visible with the aid of binoculars, or by infra-red or image intensification devices. In relation to Articles 51 to 58 inclusive it is the understanding of Australia that military commanders and others responsible for planning, deciding upon, or executing attacks, necessarily have to reach their decisions on the basis of their assessment of the information from all sources, which is available to them at the relevant time. In relation to paragraph 5(b) of Article 51 and to paragraph 2(a)(iii) of Article 57, it is the understanding of Australia that references to the "military advantage" are intended to mean the advantage anticipated from the military attack considered as a whole and not only from isolated or particular parts of that attack and that the term "military advantage" involves a variety of considerations including the security of attacking forces. It is further the understanding of Australia that the term "concrete and direct military advantage anticipated", used in Articles 51 and 57, means a bona fide expectation that the attack will make a relevant and proportional contribution to the objective of the military attack involved. It is the understanding of Australia that the first sentence of paragraph 2 of Article 52 is not intended to, nor does it, deal with the question of incidental or collateral damage resulting from an attack directed against a military objective. SOURCE: Notification by the depositary addressed to the ICRC on 24 June 1991.

country: Venezuela

country: North Macedonia

reservation: The former Yugoslav Republic of Macedonia decided on 18 October 1996 to succeed to the reservations and declarations made by the Former Republic of Yugoslavia. Declaration made at the time of ratification. "The Socialist Federal Republic of Yugoslavia states hereby that the provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) relating to occupation, shall be applied in keeping with Article 238 of the Constitution of the Socialist Federal Republic of Yugoslavia according to which no one shall have the right to acknowledge or sign an act of capitulation, nor to accept or recognize the occupation of the Socialist Federal Republic of Yugoslavia or any of its individual parts." SOURCE: Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949; Reservations, Declarations and communications made at the time of or in reference to ratification or accession as at 30 June 1992, ICRC, 15 July 1992, p.6.

country: Colombia

country: Zimbabwe

country: Islamic Republic of Iran

country: Yemen

reservation: Reservations made at the time of ratification. Protocol I Protocol relating to the Protection of Victims of International Armed Conflicts. - Article 11 - Protection of persons (Medical procedures) The Government of Canada does not intend to be bound by the prohibitions contained in Article 11, sub-paragraph 2 (c), with respect to Canadian nationals or other persons ordinarily resident in Canada who may be interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1, so long as the removal of tissue or organs for transplantation is in accordance with Canadian laws and applicable to the population generally and the operation is carried out in accordance with normal Canadian medical practices, standards and ethics. - Article 39 - Emblems of nationality (Enemy uniforms) The Government of Canada does not intend to be bound by the prohibitions contained in paragraph 2 of Article 39 to make use of military emblems, insignia or uniforms of adverse parties in order to shield, favour, protect or impede military operations. Statements of understanding (Conventional weapons) It is the understanding of the Government of Canada that the rules introduced by Protocol I were intended to apply exclusively to conventional weapons. In particular, the rules so introduced do not have any effect on and do not regulate or prohibit the use of nuclear weapons. - Article 38 - Recognized emblems (Protective emblems) It is the understanding of the Government of Canada that, in relation to Article 38, in situations where the Medical Service of the armed forces of a party to an armed conflict is identified by another emblem than the emblems referred to in Article 38 of the First Geneva Convention of August 12, 1949, that other emblem, when notified, should be respected by the adverse party as a protective emblem in the conflict, under analogous conditions to those imposed by the Geneva Conventions of 1949 and the Additional Protocols of 1977 for the use of emblems referred to in Article 38 of the First Geneva Convention and Protocol I. In such situations, misuse of such an emblem should be considered as misuse of emblems referred to in Article 38 of the First Geneva Convention and Protocol I. - Article 41, 56, 57, 58, 78 and 86 (Meaning of "feasible") It is the understanding of the Government of Canada that in relation to Article 41, 56, 57, 58, 78 and 86 the word "feasible" means that which is practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. - Article 44 - Combatants and prisoners of war (Combatant status) It is understanding of the Government of Canada that: a. the situation described in the second sentence of paragraph 3 of Article 44 can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1; and b. the word "deployment" in paragraph 3 of Article 44 includes any movement towards a place from which an attack is to be launched. Part IV, Section I - General protection against effects of hostilities (Standard for decision-making) It is the understanding of the Government of Canada that, in relation to Articles 48, 51 to 60 inclusive, 62 and 67, military commanders and others responsible for planning, deciding upon or executing attacks have to reach decisions on the basis of their assessment of the information reasonably available to them at the relevant time and that such decisions cannot be judged on the basis of information which has subsequently come to light. - Article 52 - General protection of civilian objects (Military objectives) It is the understanding of the Government of Canada in relation to Article 52 that: a. a specific area of land may be a military objective if, because of its location or other reasons specified in the Article as to what constitutes a military objective, its total or partial destruction, capture or neutralization in the circumstances governing at the time offers a definite military advantage; and b. the first sentence of paragraph 2 of the Article is not intended to, nor does it, deal with the question of incidental or collateral damage resulting from an attack directed against a military objective. - Article 53 - Protection of cultural objects and of places of workshop (Cultural objects) It is the understanding of the Government of Canada in relation to Article 53 that: a. such protection as is afforded by the Article will be lost during such time as the protected property is used for military purposes; and b. the prohibitions contained in sub-paragraphs (a) and (b) of this Article can only be waived when military necessity imperatively requires such a waiver. - Article 51, sub-paragraph 5 (b), 52, paragraph 2, and 57, clause 2 (a) (iii) (Military advantage) It is the understanding of the Government of Canada in relation to sub-paragraph 5 (b) of Article 51, paragraph 2 of Article 52, and clause 2 (a) (iii) of Article 57 that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not from isolated or particular parts of the attack. - Article 62 - General protection (Protection of civil defence personnel) It is the understanding of the Government of Canada that nothing in Article 62 will prevent Canada from using assigned civil defence personnel or volunteer civil defence workers in Canada in accordance with nationally established priorities regardless of the military situation. - Article 96 - Treaty relations upon entry into force of this Protocol, paragraph 3 (Declaration by national liberation movement) It is the understanding of the Government of Canada that the making of a unilateral declaration does not, in itself, validate the credentials of the person or persons making such declaration and that States are entitled to satisfy themselves as to whether in fact the makers of such declaration constitute an authority referred to in Article 96. In this respect, the fact that such authority has or has not been recognized as such by an appropriate regional intergovernmental organization is relevant.

country: Poland

country: Gabon

country: Solomon Islands

country: South Africa

country: Belize

country: Rwanda

country: Argentina

reservation: Interpretative declarations made at the time of accession. "With reference to Article 43, paragraph 1, and Article 44, paragraph 1, of the Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), the Argentine Republic interprets these provisions as not implying any derogation of: a) the concept of the permanent regular armed forces of a Sovereign State; b) the conceptual distinction between regular armed forces, understood as being permanent army units under the authority of Governments of Sovereign States, and the resistance movements which are referred to in Article 4 of the Third Geneva Convention of 1949." "With reference to Article 44, paragraphs 2, 3 and 4, of the same Protocol, the Argentine Republic considers that these provisions cannot be interpreted: a) as conferring on persons who violate the rules of international law applicable in armed conflicts any kind of immunity exempting them from the system of sanctions which apply to each case; b) as specifically favouring anyone who violates the rules the aim of which is the distinction between combatants and the civilian population; c) as weakening respect for the fundamental principle of the international law of war which requires that a distinction be made between combatants and the civilian population, with the prime purpose of protecting the latter." "With reference to Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), taking its context into account, the Argentine Republic considers that the term "organized armed groups" which is used in Article 1 of the said Protocol is not to be understood as equivalent to that used in Article 43, Protocol I, to define the concept of armed forces, even if the aforementioned groups meet all the requirements set forth in the said Article 43." SOURCE: Notification by the depositary addressed to the ICRC on 1st December 1986 (Original Spanish). DECLARATION - 11.12.2002: La Embajada de la República Argentina ante la Confederación Suiza tiene el agrado de dirigirse al Consejo Federal, en su carácter de depositario de los Protocolos Adicionales a las Convenciones del 12 agosto de 1949, adoptados en Ginebra el 8 junio de 1977, en relación con la comunicación cursada por la Misión Permanente de Suiza ante los Organismos Internacionales en Ginebra de fecha 5 de noviembre de 2002, mediante la cual informa sobre una declaración formulada por el Reino Unido el día 2 de julio de 2002 para extender la aplicación de dichos Protocolos a las Islas Malvinas, Georgias del Sur y Sandwich del Sur, y aceptar la competencia de la Comisión Internacional de Encuesta del Protocolo I respecto de estos territorios. La República Argentina rechaza la pretensión británica de extender la aplicación de los mencionados Protocolos a las Islas Malvinas, Georgias del Sur y Sandwich del Sur y de aceptar la competencia de la Comisión Internacional de Encuesta del Protocolo I respecto de estos territorios. Los Protocolos Adicionales a las Convenciones del 12 de agosto de 1949, adoptados en Ginebra el 8 junio de 1977 se aplican a las Islas Malvinas, Georgias del Sur y Sandwich del Sur por ser parte integrante del territorio de la República Argentina, en virtud de la ratificación de dichos Protocolos por el Gobierno argentino el 26 de noviembre de 1996 y la aceptación de la competencia de la Comisión Internacional de Encuesta presentada el 11 de octubre de 1996. En relación con la cuestión de las Malvinas, la Asamblea General de las Nacionales Unidas ha adoptado las Resoluciones 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 y 43/25, en las que se reconoce la existencia de una disputa de soberanía y pide a la República Argentina y al Reino Unido que reinicien negociaciones con miras a encontrar una solución pacífica y definitiva a la disputa, con la interposición de los buenos oficios del Secretario General de las Naciones Unidas, quien deber informar a la Asamblea General acerca de los progresos realizados. La República Argentina reafirma sus derechos de soberanía sobre las Islas Malvinas, Georgias del Sur y Sandwich del Sur y los espacios marítimos circundantes. La República Argentina agradece al Consejo Federal tenga a bien notificar la presente comunicación a los Estados Partes y Contratantes de los Protocolos Adicionales. La Embajada de la República Argentina ante la Confederación Suiza hace propicia la ocasión para reiterar al Consejo Federal las seguridades de su más alta y distinguida consideración. Source : Notification by the depositary addressed to the ICRC on 07.01.2003

reservation: Declarations and Reservations in relation to Additional Protocol I 1. Ireland, in ratifying Protocol I Additional to the Geneva Conventions of 1949 adopted at Geneva on 8 June 1977, declares its belief that the provisions of this Protocol represent the minimum level of legal and actual protection bound to be afforded to persons and civilian and cultural objects in armed conflicts. 2. Article 11 For the purposes of investigating any breach of the Geneva Conventions of 1949 or of the Protocols Additional to the Geneva Conventions of 1949 adopted at Geneva on 8 June 1977, Ireland reserves the right to take samples of blood, tissue, saliva or other bodily fluids for DNA comparisons from a person who is detained, interned or otherwise deprived of liberty as a result of a situation referred to in Article 1, in accordance with Irish law and normal Irish medical practice, standards and ethics. 3. Article 11 paragraph 2(c) Ireland declares that nothing in Article 11 paragraph 2(c) shall prohibit the donation of tissue, bone marrow or of an organ from a person who is detained, interned or otherwise deprived of liberty as a result of a situation referred to in Article 2 to a close relative who requires a donation of tissue, bone marrow or an organ from such a person for medical reasons, so long as the removal of tissue, bone marrow or organs for transplantation is in accordance with Irish law and the operation is carried out in accordance with normal Irish medical practice, standards and ethics. 4. Article 28 paragraph 2 Given the practical need to make use of non-dedicated aircraft for medical evacuation purposes, Ireland does not interpret this paragraph as precluding the presence on board of communication equipment and encryption materials or the use thereof solely to facilitate navigation, identification or communication in support of medical transportation as defined in Article 8 (f). 5. Article 35 Ireland accepts, as stated in Article 35 paragraph 1, that the right of Parties to the conflict to choose methods or means of warfare is not unlimited. In view of the potentially destructive effect of nuclear weapons, Ireland declares that nuclear weapons, even if not directly governed by Additional Protocol I, remain subject to existing rules of international law as confirmed in 1996 by the International Court of Justice in its Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons. 6. Articles 41, 56, 57, 58, 78 and 86 It is the understanding of Ireland that in relation to Article 41, 56, 57, 58, 78 and 86 the word "feasible" means that which is practicable or practically possible, taking into account all circumstances at the time, including humanitarian and military considerations. 7. Article 44 It is the understanding of Ireland that: a. The situation described in the second sentence of paragraph 3 of Article 44 can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1: and b. The word "deployment" in paragraph 3 of Article 44 includes any movement towards a place from which an attack is to be launched. 8. Article 47 It is the understanding of Ireland that Article 47 in no way prejudices the application of Articles 45(3) and 75 of Protocol I to mercenaries as defined in this Article. 9. Articles 51 to 58 In relation to Articles 51 to 58 inclusive, it is the understanding of Ireland that military commanders others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. 10. Article 53 It is the understanding of Ireland in relation to the protection of cultural objects in Article 53 that if the objects protected by this Article are unlawfully used for military purposes they will thereby lose protection from attacks directed against such unlawful military use. 11. Article 55 In ensuring that care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage and taking account of the 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 thereby prejudicing the health or survival of the population, Ireland declares that nuclear weapons, even if not directly governed by Additional Protocol I, remain subject to existing rules of international law as confirmed in 1996 by the International Court of Justice in its Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons. Ireland will interpret and apply this Article in a way which leads to the best possible protection for the civilian population. 12. Article 62 It is the understanding of Ireland that nothing in Article 62 will prevent Ireland from using assigned civil defence personnel or volunteer civil defence workers in Ireland in accordance with nationally established priorities regardless of the military situation. 13. Article 75 paragraph 4(e) Article 75 will be applied in Ireland insofar as paragraph 4(e) is not incompatible with the power enabling a judge, in exceptional circumstances, to order the removal of an accused from the court who causes a disturbance at the trial. 14. Article 90 Ireland declares that it recognises ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the International Fact-Finding Commission to enquire into allegations by such other Party, as authorised by Article 90 of Protocol I Additional to the Geneva Conventions of 1949. The exercise by the Commission of powers and functions in Ireland shall be in accordance with Irish law. 15. Article 96 paragraph 3 It is the understanding of Ireland that the making of a unilateral declaration does not in itself, validate the credentials of the persons making such a declaration and that States are entitled to satisfy themselves as to whether in fact the makers of such a declaration, constitute an authority referred to in Article 96. In this respect, the fact that such authority has or has not been recognised as such by the UN or an appropriate regional intergovernmental organisation is relevant. Additional Protocol II 1. Ireland, in ratifying Protocol II Additional to the Geneva Conventions of 1949 adopted at Geneva on 8 June 1977, declares its belief that the provisions of this Protocol represent the minimum level of legal and actual protection bound to be afforded to persons and civilian and cultural objects in armed conflicts. 2. Article 6 paragraph 2(e) Article 6 will be applied in Ireland insofar as paragraph 2(e) is not incompatible with the power enabling a judge, in exceptional circumstances, to order the removal of an accused from the court who causes a disturbance at the trial.

reservation: Reservation made upon ratification: "[...] subject to the reservation that Article 75, paragraph 4, sub-paragraph (h) shall be applied only to the extent that it is not in conflict with legal provisions which allow, in exceptional circumstances, the reopening of proceedings which have resulted in a final conviction or acquittal." SOURCE: Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949; Reservations, Declarations and communications made at the time of or in reference to ratification or accession as at 30 June 1992, ICRC, 15 July 1992, p.6.

reservation: Declarations made at the time of ratification. 1. It is the understanding of the Federal Republic of Germany that the rules relating to the use of weapons introduced by Additional Protocol I were intended to apply exclusively to conventional weapons without prejudice to any other rules of international law applicable to other types of weapons. 2. The Federal Republic of Germany understands the word "feasible" in Articles 41, 56, 57, 58, 78 and 86 of Additional Protocol I to mean that which is practicable or practically possible, taking into account all circumstances ruling at the time including humanitarian and military considerations. 3. The criteria contained in the second sentence of Article 44, paragraph 3, of Additional Protocol I for distinction between combatants and the civilian population are understood by the Federal Republic of Germany to apply only in occupied territories and in the other armed conflicts described in Article 1, paragraph 4. The term "military deployment" is interpreted to mean any movements towards the place from which an attack is to be launched. 4. It is the understanding of the Federal Republic of Germany that in the application of the provisions of Part IV, Section I, of Additional Protocol I, to military commanders and others responsible for planning, deciding upon or executing attacks, the decision taken by the person responsible has to be judged on the basis of all information available to him at the relevant time, and not on the basis of hindsight. 5. In applying the rule of proportionality in Article 51 and Article 57, "military advantage" is understood to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. 6. The Federal Republic of Germany will react against serious and systematic violations of the obligations imposed by Additional Protocol I and in particular its Articles 51 and 52 with all means admissible under international law in order to prevent any further violation. 7. Article 52 of Additional Protocol I is understood by the Federal Republic of Germany to mean that a specific area of land may also be a military objective if it meets all requirements of Article 52, paragraph 2. 8. Article 75, paragraph 4, subparagraph (e) of Additional Protocol I and Article 6, paragraph 2, subparagraph (e) of Additional Protocol II will be applied in such manner that it is for the court to decide whether an accused person held in custody must appear in person at the hearing before the court of review. Article 75, paragraph 4, subparagraph (h) of Additional Protocol I will only be applied to the extent that it is in conformity with legal provisions which permit under special circumstances the re-opening of proceedings that had led to final conviction or acquittal. 9. [Declaration of recognition according to Article 90, para.2 of Additional Protocol I.] 10. The Federal Republic of Germany understands paragraph 3 of Article 96 of Additional Protocol I to mean that only those declarations described in subparagraphs (a) and (c) of paragraph 3 of Article 96 that are issued by an authority which genuinely satisfies all the criteria contained in paragraph 4 of Article 1 can have legally binding effect. Source: Notification by the depositary addressed to the ICRC on 15 February 1991 (Translation provided by Germany upon ratification).

reservation: Reservation made at the time of accession. "We declare hereby the accession of the Kingdom of Saudi Arabia, with a reservation in respect of article 5 stipulating "Appointment of protecting powers and of their substitute". SOURCE: Notification by the depositary addressed to the States Parties to the Geneva Conventions of 1949 on 27 November 1987 ( Original Arabic; official translation submitted by the Government of the Kingdom of Saudi Arabia).

reservation: Reservation made at the time of accession. "At present, Chinese legislation has no provisions concerning extradition, and deals with this matter on a case-by-case basis. For this reason China does not accept the stipulations of Article 88, paragraph 2, of Protocol I." On 31 Mai 2000, the People's Republic of China deposited with the Swiss Federal Council a declaration on the applicability of the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to the Special Administrative Region of Macao. Pursuant to this declaration, the Conventions and Protocols are applicable to the Special Administrative Region of Macao from 20 December 1999.

reservation: Declaration made upon signature: The Portuguese Government defers until the time of respective ratification the formulation of reservations which it may deem appropriate. SOURCE: UNTS, vol.1125, 1979, p.431 Regarding Macao declaration see french database

reservation: Reservation made at the time of ratification. "subject to a reservation with respect to Article 75, paragraph 4(h), of Protocol I regarding the resumption of cases which have already been tried, the Icelandic law of procedure containing detailed provisions on this matter."

reservation: Notification to the Governments of the States parties to the Geneva Conventions of 12 August 1949 for the Protection of War Victims / Swiss Federal Department of Foreign Affairs FDFA, 30.10.2019 ADDITIONAL PROTOCOL I I. Withdrawal of a declaration by the Russian Federation On 23 October 2019, the Russian Federation informed the Swiss Federal Council of the following: «Die Russische Föderation hat beschlossen, die durch die Union der Sozialistischen Sowjetrepubliken bei der Ratifizierung des Zusatzprotokolls I eingereichte Erklärung gemäss Punkt 2 Artikel 90, die Zuständigkeit der internationalen humanitären Ermittlungskommission ipso facto und ohne besondere Übereinkunft gegenüber jeder anderen Hohen Vertragspartei, welche dieselbe Verpflichtung übernimmt, anzuerkennen, zu widerrufen» (original text in German). «The Russian Federation decided to withdraw the declaration made by the Union of Soviet Socialist Republics at the time of the ratification of the Additional Protocol I in accordance with Article 90, paragraph 2, recognizing ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the International Fact-Finding Commission» (unofficial translation). SOURCE: https://www.dfae.admin.ch/dam/eda/fr/documents/aussenpolitik/voelkerrecht/genevenotifications/191030-GENEVE_e.pdf (last accessed on 27.11.2019) Declaration made at the time of ratification on 29.09.1989 "The Soviet Union's ratification of the Protocols additional to the Geneva Conventions for the protection of the victims of war constitutes an unusual event in the recent diplomatic history of our country. It reflects the spirit of new political thinking and demonstrates the Soviet State's commitment to humanizing international affairs and strengthening the system of international law. At the same time, it exemplifies the spirit of continuity between Russian and Soviet diplomacy, extending back to the 1860s, in seeking to ensure that the principles of humanism and mercy are respected even in the tragic circumstances of war. The Additional Protocols, in whose drafting the Soviet Union played a universally recognized role, were among the first international instruments presented for ratification to the new Soviet Parliament. It should be pointed out that the Supreme Soviet of the USSR chose to ratify the Protocols without any reservation whatsoever. At the same time, our State recognized the competence of the International Fact-Finding Commission in cases where international humanitarian law is violated. We in the Soviet Union hope that the ratification of the Additional Protocols will be duly appreciated by all those involved in the noble cause of humanism and the endeavour to free mankind from the horrors of war." SOURCE: Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949; Reservations, Declarations and communications made at the time of or in reference to ratification or accession as at 30 June 1992, ICRC, 15 July 1992, pp.36-37.

reservation: Declaration made at the time of accession. "In acceding to Protocol I of 1977, additional to the Geneva Conventions of 12 August 1949, the People's Republic of Angola declares that, pending the entry into force of the International Convention on Mercenarism which is at present being drafted by the United Nations, and until such time as the State of Angola becomes a party to that Convention, the People's Republic of Angola will consider the following to be committing the crime of mercenarism: A) those who recruit, organise, finance, equip or train mercenaries or employ them in any other way; B) those who, in the territory under jurisdiction or in any other place under their control, allow the performance of any of the acts referred to in the previous paragraph or afford facilities for the transit or transport of mercenaries; C) any alien who, on Angolan territory, commits any of the acts mentioned above against another country; D) any Angolan national who, with a view to subverting the sovereignty or the territorial integrity of a foreign country or to opposing the self-determination of a people, commits any of the acts referred to in the preceding articles." SOURCE: Notification by the depositary addressed to the ICRC on 27 September 1984 (Original Portuguese).

reservation: In regard of Article 88, paragraph 2 of "The Additional Protocol to the Protection of Victims in the International Armed Conflicts ('Protocol I') which states "The High Contracting Parties shall co-operate in the matter of extradition", the Mongolian law which prohibits deprivation and extradition of its citizens from Mongolia shall be respected. By a note verbale addressed on 26 February 1996 to the depositary, the government of Mongolia added the following clarification: The expression "deprivation" means "deprivation of one s rights as a citizen of Mongolia". Pursuant to their provisions, the Protocols will come into force for Mongolia on 6 June 1996.

reservation: Declaration made upon accession: "This accession shall in no way imply recognition of Israel by the State of Qatar nor agreement to establish any relations whatsoever with it". SOURCE: Notification by the depositary addressed to the ICRC on 12 April 1988. ***** Declaration made on 24 September 1991: ...Pursuant to the United Nations General Assembly Resolution No.45/38 dated November 28th, 1990 and Article (90) of Additional Protocol I. The State of Qatar declares before any other High Contracting party accepting the same commitment, that it recognizes ipso facto and without special agreement the competence of the International Fact-Finding Commission to consider the allegations of such other Party. Yet the State of Qatar expressing reservations that this declaration is by no means construed as a recognition of Israel by the State of Qatar or as consenting to enter into dealings with Israel. SOURCE: Notification by the depositary addressed to the ICRC on 10 february 1992.

reservation: Declarations made at the time of ratification. "[The Government of New Zealand] DECLARES that this ratification shall not extend to the Cook Islands, Niue and Tokelau; AND FURTHER DECLARES as follows: 1. It is the understanding of the Government of New Zealand that in relation to Article 44 of Protocol I, the situation described in the second sentence of paragraph 3 can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1. The Government of New Zealand will interpret the word "deployment" in paragraph 3(b) of the Article as meaning any movement towards a place from which an attack is to be launched. It will interpret the words "visible to the adversary" in the same paragraph as including visible with the aid of any form of surveillance, electronic or otherwise, available to help keep a member of the armed forces of the adversary under observation. 2. In relation to Articles 51 to 58 inclusive, it is the understanding of the Government of New Zealand that military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. 3. In relation to paragraph 5 (b) of Article 51 and to paragraph 2 (a) (iii) of Article 57, the Government of New Zealand understands that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of that attack and that the term "military advantage" involves a variety of considerations, including the security of attacking forces. It is further the understanding of the Government of New Zealand that the term "concrete and direct military advantage anticipated", used in Articles 51 and 57, means a bona fide expectation that the attack will make a relevant and proportional contribution to the objective of the military attack involved. 4. In relation to Article 52, it is the understanding of the Government of New Zealand that a specific area of land may be a military objective if, because of its location or other reasons specified in the Article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers a definite military advantage. The Government of New Zealand further understands that the first sentence of paragraph 2 of the Article is not intended to, and nor does it deal with, the question of incidental or collateral damage resulting from an attack directed against a military objective." SOURCE: Notification by the depositary addressed to the ICRC on 12 February 1988.

reservation: Declaration made at the time of accession. "...with the reservation that this accession in no way constitutes recognition of Israel nor the establishment of relations with Israel as regards the application of the provisions of the aforementioned Protocol." SOURCE: Notification by the depositary addressed to the ICRC on 23 November 1983.

reservation: "The Government of the Republic of Mauritius has the honour to declare that it objects to the inclusion of the so-called "British Indian Ocean Territory" in the list of territories mentioned in the Declaration deposited by the United Kingdom of Great Britain and Northern Ireland with the Swiss Federal Council on 2 July 2002 concerning the applicability of the Protocols I and II Additional to the Geneva Conventions of 12 August 1949, adopted at Geneva on 8 June 1977, and therefore rejects the said Declaration in so far as it purports to extend the ratification by the UK Government of the said Protocols to the so-called "British Indian Ocean Territory". The Government of the Republic of Mauritius does not recognise the competence of the British Government to adhere to any international instrument on behalf of the Chagos Archipelago, which forms an integral part of the territory of the Republic of Mauritius. The Government of the Republic of Mauritius wishes to reassert the unequivocal sovereignty of Mauritius over the Chagos Archipelago, including Diego Garcia."

reservation: Interpretative declarations made at the time of accession "1. The Government of the People's Democratic Republic of Algeria declares that the expressions "feasible precautions" (Art. 41, para. 3), "everything feasible" (Art. 57. para. 2), and "to the maximum extent feasible" (Art. 58) are to be interpreted as referring to precautions and measures which are feasible in view of the circumstances and the information and means available at the time. 2. As concerns the repression of breaches of the Conventions and the present Protocol as defined in Articles 85 and 86 of Section II of Protocol I, the Government of the People's Democratic Republic of Algeria considers that to judge any decision, the circumstances, the means and the information available at the time the decision was made are determinant factors and elements in assessing the nature of the said decision. 3. The Government of the People's Democratic Republic of Algeria reserves judgement on the definition of mercenarism as set out in Article 47, para. 2 of the present Protocol, this definition being deemed restrictive." Source: International Review of the Red Cross, No 272, Geneva, 1989, p.489-490

reservation: Declaration made at the time of accession. "While deposing these instruments, the Government of the Sultanate of Oman declares that these accessions shall in no way amount to recognition of nor the establishment of any relations with Israel with respect to the application of the provisions of the said protocols." SOURCE: Notification by the depositary addressed to the ICRC on 29 March 1984.

reservation: Declaration and notification made upon ratification: DECLARATION The Arab Republic of Egypt, in ratifying Protocols I and II of 1977 additional to the Geneva Conventions of 1949, wishes to express its conviction that the provisions of Additional Protocols I and II represent the minimum level of legal and actual protection that must be afforded to persons and civilian and cultural objects in armed conflict. On the basis of its strong conviction of the principles of the great Islamic Sharia, the Arab Republic of Egypt wishes at the same time to emphasize that it is the duties of all nations alike to refrain from the involvement of innocent civilians in armed conflict; furthermore they should make all efforts, to the maximum extent possible, to that end as this is indispensable for the survival of humanity and the cultural heritage and civilization of all countries and nations. The Arab Republic of Egypt, while declaring its commitment to respecting all the provisions of Additional Protocols I and II, wishes to emphasize, on the basis of reciprocity, that it upholds the right to react against any violation by any party of the obligations imposed by Additional Protocols I and II with all means admissible under international law in order to prevent any further violation. In this context it wishes to assert that military commanders planning or executing attacks make their decisions on the basis of their assessment of all kinds of information available to them at the time of the military operations. NOTIFICATION The Arab Republic of Egypt, while welcoming the adoption by the Diplomatic Conference in June 1977 of Protocols I and II additional to the Geneva Conventions of 1949 in six languages, including the Arabic language, notes that all original texts are certified and equally authentic with no prevalence of one single language over the other. However, on comparison of the original Arabic text of Additional Protocols I and II with the other original texts, it became evident that in some respects the Arabic text does not fully correspond to the other original texts to the extent that it is at variance in terms of both expression and substance with some of the provisions of Additional Protocols I and II adopted by States in the field of international law and human relations. Hence the Arab Republic of Egypt, on the occasion of the deposit of its instrument of ratification of Protocols I and II additional to the Geneva Conventions of 1949 with the depositary, the Swiss Federal Council, wishes to declare that in that respect it shall adopt the meaning which best concurs with the original texts of Additional Protocols I and II.

reservation: Reservation made at the time of accession. 1) "Article 75 of Protocol I will be applied insofar as: a) sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing or another witness or expert witness, may be removed from the courtroom; b) sub-paragraph (h) of paragraph 4 is not incompatible with legal provisions authorizing the reopening of proceedings that have resulted in a final declaration of conviction or acquittal." 2) Article 6, paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom." SOURCE: Notification by the depositary addressed to the ICRC on 19 April 1989.

reservation: Reservation made at the time of ratification. "Denmark expresses a reservation with regard to the application of Article 75, paragraph 4 (h) (Protocol I), to the effect that the provisions of this paragraph shall not prevent the reopening of criminal proceedings in cases where the rules of the Danish Code of civil and criminal procedure, in exceptional circumstances, provide for such a measure."

reservation: Declarations made at the time of ratification. "With reference to Articles 75 and 85 of the Protocol, the Finnish Government declare their understanding that, under Article 72, the field of application of Article 75 shall be interpreted to include also the nationals of the Contracting Party applying the provisions of that Article, as well as the nationals of neutral or other States not Parties to the conflict, and that the provisions of Article 85 shall be interpreted to apply to nationals of neutral or other States not Parties to the conflict as they apply to those mentioned in paragraph 2 of that Article. "With reference to Article 75, paragraph 4 (h) of the Protocol, the Finnish Government wish to clarify that under Finnish law a judgment shall not be considered final until the time-limit for exercising any extraordinary legal remedies has expired."

reservation: Declaration made at the time of ratification. "By ratifying the two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International (Protocol I) and Non-International (Protocol II) Armed Conflicts and adopted in Geneva on 8 June 1977, the Holy See wishes, first of all, to acknowledge the merits and the positive results obtained by the "Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts", in which it played an active part. The Holy See believes that, from an overall historical and legal point of view, the two Protocols represent and confirm a significant advance in humanitarian law applicable in armed conflicts, an advance that deserves approval and support. At the same time, with regard to the provisions of the above-mentioned legal texts, the Holy See wishes to remind the Secretariat of the Conference of the considerations that were made known by its delegation at the end of the session. It is a source of great pleasure to recognize the value of provisions which, in certain sectors, increase the scope of humanitarian law, as for example: the protection of the civilian population, especially of women and children; the protection afforded to cultural objects and places of worship which are evidence and signs of the spiritual heritage of nations; the protection of objects indispensable to the survival of the civilian population; the respect and protection of medical and religious personnel; the ban on retaliation. On the other hand, in the opinion of the Holy See, other provisions are less satisfactory in substance or are not very well formulated. Furthermore, uncertainties and omissions were found on important issues in relation to the development of humanitarian standards. With regard to Protocol II in particular, the Holy See regrets that, after having been stripped of a large part of its humanitarian substance by the plenary Assembly of the Conference, the Protocol has become the instrument of a rigorous legal system both in its text and in its spirit. Although the Holy See signed the Protocol, with serious reservations, and although it is now ratifying it, it is mainly because it looks upon the Protocol as an open door to future developments of humanitarian law in a crucial and, until now, much neglected sector. The Holy See also announces that it has taken note of the reservations and declarations formulated by some States that have deposited an instrument of ratification or of adhesion to the Protocols. Finally, the Holy See reasserts, on this occasion, its strong conviction as to the fundamentally inhumane nature of war. The humanization of the effects of armed conflicts, such as that undertaken by the two Protocols, is received with favour and encouraged by the Holy See in so far as it aims to alleviate human suffering and strives, amid unbridled passions and evil forces, to safeguard the basic principles of humanity and the supreme benefits of civilization. The Holy See expresses, moreover, its firm belief that the ultimate goal, that which is worthy of the calling of man and of human civilization, is the abolition of war. One cannot help thinking that the measures embodied in the Geneva Conventions and more recently by the two Additional Protocols - measures which are already in themselves frail instruments for the protection of victims of conventional armed conflicts - would prove to be not only insufficient but totally inadequate in the face of the ruinous devastation of a nuclear war. The Holy See, considering itself the spokesman for the fears and the hopes of nations, hopes that the encouraging start made in Geneva by the codification of humanitarian law in armed conflicts may not go unheeded or remain a purely formal commitment but that people may become aware of it, put it into practice and follow it to its final conclusion: the abolition of war, of any kind whatever."

reservation: Reservations made at the time of ratification. "Reservation with regard to Article 57, paragraph 2, of Protocol I: Article 57, paragraph 2, of Protocol I will be applied on the understanding that, with respect to any decision taken by a military commander, the information actually available at the time of the decision is determinative. Reservation with regard to Article 58 of Protocol I: In view of the fact that Article 58 of Protocol I contains the expression "to the maximum extent feasible", sub-paragraphs (a) and (b) will be applied subject to the requirements of national defence. Reservation with regard to Article 75 of Protocol I: Article 75 of Protocol I will be applied insofar as a) sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom; b) sub-paragraph (h) of paragraph 4 is not incompatible with legal provisions authorizing the reopening of proceedings that have resulted in a final declaration of conviction or acquittal. Reservation with regard to Articles 85 and 86 of Protocol I: For the purposes of judging any decision taken by a military commander, Articles 85 and 86 of Protocol I will be applied on the understanding that military imperatives, the reasonable possibility of recognizing them and the information actually available at the time that decision was taken, are determinative. [Declaration under Article 90 (2) of Protocol I] Reservation with regard to Article 6 of Protocol II: Article 6, paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom." SOURCE: Notification by the depositary addressed to the ICRC on 16 August 1982.

reservation: Declaration made at the time of ratification. "1. In relation to Article 44 of Protocol I, the situation described in the second sentence of paragraph 3 of the Article can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1, and the Government of the Republic of Korea will interpret the word deployment in paragraph 3 (b) of the Article as meaning any movement towards a place from which an attack is to be launched; 2. in relation to paragraph 4 (b) of Article 85 of Protocol I, a party detaining prisoners of war may not repatriate its prisoners agreeably to their openly and freely expressed will, which shall not be regarded as unjustifiable delay in the repatriation of prisoners of war constituting a grave breach of this Protocol; 3. in relation to Article 91 of Protocol I, a party to the conflict which violates the provisions of the Conventions or of this Protocol shall take the responsibility for paying compensation to the party damaged from the acts of violation, whether the damaged party is a legal party to the conflict or not; and 4. in relation to paragraph 3 of Article 96 of Protocol I, only a declaration made by an authority which genuinely fulfils the criteria of paragraph 4 of Article 1 can have the effects stated in paragraph 3 of Article 96, and it is also necessary that the authority concerned be recognized as such by the appropriate regional intergovernmental organization." SOURCE: Notification by the depositary addressed to the ICRC on 18 January 1982.

reservation: The Government of Japan declares that it is its understanding that the situation described in the second sentence of paragreaph 3 of Article 44 can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1. The Government of Japan also declares that the term "deployment" in paragraph 3 (b) of Article 44 is interpreted as meaning any movement towards a place from which an attack is to be launched. The Government of Japan understands that the competence of the International Fact-Finding Commisssion which it recognizes ipso facto and without special agreement by the attached declaration is effective only with regard to facts subsequent to the date of the said declaration."

reservation: Declaration made upon signature: The Hellenic Government hereby states that it reserves the right to formulate reservations, in accordance with constitutional provisions, upon deposit of the instrument of ratification.

reservation: "AYANT VU ET EXAMINE LEDIT PROTOCOLE ADDITIONNEL, DÉCLARONS Y ADHÉRER ET PROMETTONS QU'IL SERA INVIOLABLEMENT OBSERVÉ. CETTE ADHÉSION EST ASSORTIE DES RÉSERVES ET DÉCLARATIONS SUIVANTES : 1. LES DISPOSITIONS DU PROTOCOLE I DE 1977 NE FONT PAS OBSTACLE A L'EXERCICE, PAR LA FRANCE, DE SON DROIT NATUREL DE LÉGITIME DÉFENSE, CONFORMÉMENT A L'ARTICLE 51 DE LA CHARTE DES NATIONS UNIES. 2. SE RÉFÉRANT AU PROJET DE PROTOCOLE RÉDIGÉ PAR LE COMITÉ INTERNATIONAL DE LA CROIX ROUGE QUI A CONSTITUÉ LA BASE DES TRAVAUX DE LA CONFÉRENCE DIPLOMATIQUE DE 1974-1977, LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONTINUE DE CONSIDÉRER QUE LES DISPOSITIONS DU PROTOCOLE CONCERNENT EXCLUSIVEMENT LES ARMES CLASSIQUES, ET QU'ELLES NE SAURAIENT NI RÉGLEMENTER NI INTERDIRE LE RECOURS A L'ARME NUCLÉAIRE, NI PORTER PRÉJUDICE AUX AUTRES RÈGLES DU DROIT INTERNATIONAL APPLICABLES A D'AUTRES ACTIVITÉS, NÉCESSAIRES A L'EXERCICE PAR LA FRANCE DE SON DROIT NATUREL DE LÉGITIME DÉFENSE. 3. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LES EXPRESSIONS "POSSIBLE" ET "S'EFFORCER DE", UTILISÉES DANS LE PROTOCOLE, VEULENT DIRE CE QUI EST RÉALISABLE OU CE QUI EST POSSIBLE EN PRATIQUE, COMPTE TENU DES CIRCONSTANCES DU MOMENT, Y COMPRIS LES CONSIDÉRATIONS D'ORDRE HUMANITAIRE ET MILITAIRE. 4. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LE TERME "CONFLITS ARMÉS" ÉVOQUÉ AU PARAGRAPHE 4 DE L'ARTICLE 1, DE LUI-MÊME ET DANS SON CONTEXTE, INDIQUE UNE SITUATION D'UN GENRE QUI NE COMPREND PAS LA COMMISSION DE CRIMES ORDINAIRES, Y COMPRIS LES ACTES DE TERRORISME, QU'ILS SOIENT COLLECTIFS OU ISOLÉS. 5. ÉTANT DONNÉ LES BESOINS PRATIQUES D'UTILISER DES AVIONS NON SPÉCIFIQUES POUR DES MISSIONS D'ÉVACUATION SANITAIRE, LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE N'INTERPRÈTE PAS LE PARAGRAPHE 2 DE L'ARTICLE 28 COMME EXCLUANT LA PRÉSENCE A BORD D'ÉQUIPEMENTS DE COMMUNICATION ET DE MATÉRIEL DE CRYPTOLOGIE, NI L'UTILISATION DE CEUX-CI UNIQUEMENT EN VUE DE FACILITER LA NAVIGATION, L'IDENTIFICATION OU LA COMMUNICATION AU PROFIT D'UNE MISSION DE TRANSPORT SANITAIRE, COMME DÉFINIE A L'ARTICLE 8. 6. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LE RISQUE DE DOMMAGE A L'ENVIRONNEMENT NATUREL RÉSULTANT DE L'UTILISATION DES MÉTHODES OU MOYENS DE GUERRE, TEL QU'IL DÉCOULE DES DISPOSITIONS DES PARAGRAPHES 2 ET 3 DE L'ARTICLE 35 ET DE CELLES DE L'ARTICLE 55, DOIT ÊTRE ANALYSÉ OBJECTIVEMENT SUR LA BASE DE L'INFORMATION DISPONIBLE AU MOMENT OU IL EST APPRÉCIE. 7. COMPTE-TENU DES DISPOSITIONS DE L'ARTICLE 43 PARAGRAPHE 3 DU PROTOCOLE RELATIVES AUX SERVICES ARMÉS CHARGÉS DE FAIRE RESPECTER L'ORDRE, LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE INFORME LES ÉTATS PARTIES AU PROTOCOLE QUE SES FORCES ARMÉES INCLUENT DE FAÇON PERMANENTE LA GENDARMERIE NATIONALE. 8. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LA SITUATION ÉVOQUÉE DANS LA SECONDE PHRASE DU PARAGRAPHE 3 DE L'ARTICLE 44 NE PEUT EXISTER QUE SI UN TERRITOIRE EST OCCUPÉ OU DANS LE CAS D'UN CONFLIT ARMÉ AU SENS DU PARAGRAPHE 4 DE L'ARTICLE 1. LE TERME "DÉPLOIEMENT", UTILISÉ AU PARAGRAPHE 3 (b) DE CE MÊME ARTICLE, SIGNIFIE TOUT MOUVEMENT VERS UN LIEU A PARTIR DUQUEL UNE ATTAQUE EST SUSCEPTIBLE D'ÊTRE LANCÉE. 9. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LA RÈGLE ÉDICTÉE DANS LA SECONDE PHRASE DU PARAGRAPHE 1 DE L'ARTICLE 50 NE PEUT INTERPRÉTÉE COMME OBLIGEANT LE COMMANDEMENT A PRENDRE UNE DÉCISION QUI, SELON LES CIRCONSTANCES ET LES INFORMATIONS A SA DISPOSITION, POURRAIT NE PAS ÊTRE COMPATIBLE AVEC SON DEVOIR D'ASSURER LA SÉCURITÉ DES TROUPES SOUS SA RESPONSABILITÉ OU DE PRÉSERVER SA SITUATION MILITAIRE, CONFORMÉMENT AUX AUTRES DISPOSITIONS DU PROTOCOLE. 10. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE L'EXPRESSION ”AVANTAGE MILITAIRE" ÉVOQUÉE AUX PARAGRAPHES 5 (b) DE L'ARTICLE 51, 2 DE L'ARTICLE 52 ET 2 (a) (iii) DE L’ARTICLE 57 DÉSIGNE L'AVANTAGE ATTENDU DE L'ENSEMBLE DE L'ATTAQUE ET NON DE PARTIES ISOLÉES OU PARTICULIÈRES DE L'ATTAQUE. 11. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE DÉCLARE Qu'il APPLIQUERA LES DISPOSITIONS DU PARAGRAPHE 8 DE L'ARTICLE 51 DANS LA MESURE OU L'INTERPRÉTATION DE CELLES-CI NE FAIT PAS OBSTACLE A L'EMPLOI, CONFORMÉMENT AU DROIT INTERNATIONAL, DES MOYENS Qu’il ESTIMERAIT INDISPENSABLES POUR PROTÉGER SA POPULATION CIVILE DE VIOLATIONS GRAVES, MANIFESTES ET DÉLIBÉRÉES DES CONVENTIONS DE GENÈVE ET DU PROTOCOLE PAR L'ENNEMI. 12. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QU'UNE ZONE SPÉCIFIQUE PEUT ÊTRE CONSIDÉRÉE COMME UN OBJECTIF MILITAIRE SI, A CAUSE DE SA SITUATION OU POUR TOUT AUTRE CRITÈRE ÉNUMÉRÉ A L'ARTICLE 52, SA DESTRUCTION TOTALE OU PARTIELLE, SA CAPTURE OU SA NEUTRALISATION, COMPTE-TENU DES CIRCONSTANCES DU MOMENT, OFFRE UN AVANTAGE MILITAIRE DÉCISIF. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE EN OUTRE QUE LA PREMIÈRE PHRASE DU PARAGRAPHE 2 DE L'ARTICLE 52 NE TRAITE PAS DE LA QUESTION DES DOMMAGES COLLATÉRAUX RÉSULTANT DES ATTAQUES DIRIGÉES CONTRE LES OBJECTIFS MILITAIRES. 13. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE DÉCLARE QUE SI LES BIENS PROTÉGÉS PAR L'ARTICLE 53 SONT UTILISÉS A DES FINS MILITAIRES, ILS PERDRONT PAR LÀ MÊME LA PROTECTION DONT ILS POUVAIENT BÉNÉFICIER CONFORMÉMENT AUX DISPOSITIONS DU PROTOCOLE. 14. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE LE PARAGRAPHE 2 DE L'ARTICLE 54 N'INTERDIT PAS LES ATTAQUES QUI SONT MENÉES DANS UN BUT SPÉCIFIQUE, A L'EXCEPTION DE CELLES QUI VISENT A PRIVER LA POPULATION CIVILE DES BIENS INDISPENSABLES A SA SURVIE ET DE CELLES QUI SONT DIRIGÉES CONTRE DES BIENS QUI, BIEN QU'UTILISÉS PAR LA PARTIE ADVERSE, NE SERVENT PAS A LA SUBSISTANCE DES SEULS MEMBRES DE SES FORCES ARMÉES. 15. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE NE PEUT GARANTIR UNE PROTECTION ABSOLUE AUX OUVRAGES ET INSTALLATIONS CONTENANT DES FORCES DANGEREUSES, QUI PEUVENT CONTRIBUER A L'EFFORT DE GUERRE DE LA PARTIE ADVERSE, NI AUX DÉFENSEURS DE TELLES INSTALLATIONS, MAIS IL PRENDRA TOUTES LES PRÉCAUTIONS NÉCESSAIRES, CONFORMÉMENT AUX DISPOSITIONS DE L'ARTICLE 56, DE L'ARTICLE 57, PARAGRAPHE 2 (a) (iii), ET DU PARAGRAPHE 3 (c) DE L'ARTICLE 85, POUR ÉVITER DE SÉVÈRES PERTES COLLATÉRALES DANS LES POPULATIONS CIVILES, Y COMPRIS LORS D'ÉVENTUELLES ATTAQUES DIRECTES. 16. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE L'OBLIGATION D'ANNULER OU D'INTERROMPRE UNE ATTAQUE, CONFORMÉMENT AUX DISPOSITIONS DU PARAGRAPHE 2 (b) DE L'ARTICLE 57, APPELLE SEULEMENT L'ACCOMPLISSEMENT DES DILIGENCES NORMALES POUR ANNULER OU INTERROMPRE CETTE ATTAQUE, SUR LA BASE DES INFORMATIONS DONT DISPOSE CELUI QUI DÉCIDE DE L'ATTAQUE. 17. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE CONSIDÈRE QUE L'ARTICLE 70 RELATIF AUX ACTIONS DE SECOURS N'A PAS D'IMPLICATION SUR LES RÈGLES EXISTANTES DANS LE DOMAINE DE LA GUERRE NAVALE EN CE QUI CONCERNE LE BLOCUS MARITIME, LA GUERRE SOUS-MARINE OU LA GUERRE DES MINES. 18. LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE NE S'ESTIME PAS LIÉ PAR UNE DÉCLARATION FAITE EN APPLICATION DU PARAGRAPHE 3 DE L'ARTICLE 96, SAUF S'IL A RECONNU EXPRESSÉMENT QUE CETTE DÉCLARATION A ÉTÉ FAITE PAR UN ORGANISME QUI EST VÉRITABLEMENT UNE AUTORITÉ REPRÉSENTATIVE D'UN PEUPLE ENGAGE DANS UN CONFLIT TEL QUE DÉFINI AU PARAGRAPHE 4 DE L’ARTICLE 1."

reservation: Declarations made at the time of ratification. "It is the understanding of the Government of Italy that the rules relating to the use of weapons introduced by Additional Protocol I were intended to apply exclusively to conventional weapons. They do not prejudice any other rule of international law applicable to other types of weapons. The Italian Government understands, in relation to Articles 41, 56, 57, 58, 78 and 86 that the word "feasible" is to be understood as practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations. The situation described in the second sentence of paragraph 3 of Article 44 can exist only in occupied territory. The word deployment in paragraph 3 (b) means any movement towards a place from which an attack is to be launched. In relation to Articles 51 to 58 inclusive, the Italian Government understands that military commanders and other responsible for planning, deciding upon or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is available to them at the relevant time. In relation to paragraph 5 (b) of Article 51 and paragraph 2 (a) (iii) of Article 57, the Italian Government understands that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack as a whole and not only from isolated or particular parts of the attack. A specific area of land may be a "military objective" if, because of its location or other reasons specified in Article 52, its total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers definite military advantage. The first sentence of paragraph 2 of the Article prohibits only such attacks as may be directed against non-military objectives. Such a sentence does not deal with the question of collateral damage caused by attacks directed against military objectives. If and so long as the objectives protected by Article 53 are unlawfully used for military purposes, they will thereby lose protection. Italy will react to serious and systematic violations by an enemy of the obligations imposed by Additional Protocol I and in particular its Articles 51 and 52 with all means admissible under international law in order to prevent any further violation."

reservation: Declarations made at the time of the ratification (for the Kingdom's territory within Europe and the Netherlands Antilles and Aruba). "1. With regard to Protocol I as a whole : It is the understanding of the Government of the Kingdom of the Netherlands that the rules introduced by Protocol I relating to the use of weapons were intended to apply and consequently do apply solely to conventional weapons, without prejudice to any other rules of international law applicable to other types of weapons; 2. With regard to Article 41, paragraph 3, Article 56, paragraph 2, Article 57, paragraph 2, Article 58, Article 78, paragraph 1, and Article 86, paragraph 2 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that the word "feasible" means that which is practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations; 3. With regard to Article 44, paragraph 3 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that the words "engaged in a military deployment" mean "any movement towards a place from which an attack may be launched"; 4. With regard to Article 47 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that Article 47 in no way prejudices the application of Articles 45 and 75 of Protocol I to mercenaries as defined in this Article; 5. With regard to Article 51, paragraph 5 and Article 57, paragraphs 2 and 3 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that military advantage refers to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack; 6. With regard to Articles 51 to 58 inclusive of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that military commanders and others responsible for planning, deciding upon or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is available to them at the relevant time; 7. With regard to Article 52, paragraph 2 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 2, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definite military advantage; 8. With regard to Article 53 of Protocol I: It is the understanding of the Government of the Kingdom of the Netherlands that if and for so long as the objects and places protected by this Article, in violation of paragraph (b), are used in support of the military effort they will thereby lose such protection." SOURCE: Notification by the depositary addressed to the ICRC on 10 July 1987.

reservation: Interpretative declarations made at the time of ratification. "On depositing the instrument of ratification by Belgium of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8 June 1977, the Belgian Government makes the following declarations of interpretation: 1. The Belgian Government, in view of the travaux préparatoires for the international instrument herewith ratified, wishes to emphasize that the Protocol was established to broaden the protection conferred by humanitarian law solely when conventional weapons are used in armed conflicts, without prejudice to the provisions of international law relating to the use of other types of weapons. 2. The Belgian Government, in view of paragraph 3 of Article 43 (Armed forces) and the special status of the Belgian Gendarmerie (constabulary), has decided to notify the High Contracting Parties as follows of the duties assigned to the Belgian Gendarmerie in time of armed conflict. It considers that this notification fully satisfies any and all requirements of Article 43 pertaining to the Gendarmerie. a) The Belgian Gendarmerie, which was formed to maintain law and order, is a police force stated by national legislation to be one of the armed forces and is therefore covered by the expression "armed forces of a Party to a conflict" within the meaning of Article 43 of Protocol I. Thus in time of international armed conflict members of the Gendarmerie have the status of "combatant" within the meaning of this Protocol. b) In addition to this notification the Belgian Government wishes to state exactly what duties the law entrusts to the Gendarmerie in time of war. Those duties are described in the "Act on the Gendarmerie" of 2 December 1957 (published in the "Moniteur belge" official gazette of 12 December 1957). Part VI of that Act, in its Articles 63, 64, 66 and 67, covers the special duties assigned to the Gendarmerie in time of war in addition to their peacetime duties. The said special duties are as follows: "63. The Gendarmerie shall take part in the internal defence of Belgian territory to the extent fixed by mutual agreement between the Minister of National Defence, the Minister of Justice and the Minister of the Interior. "Territorial units shall not be required to perform any duties other than intelligence and warning duties. "Mobile units may be placed in support of units of the other armed forces. "64. Throughout the duration of the time of war the Gendarmerie shall provide detachment known as "prévôtés" (military police) to maintain order in and police the other armed forces. "Each prévôté shall be under the command of a "prévôt" (Assistant Provost Marshal), who shall be an officer of the Gendarmerie. "66. Throughout the duration of the time of war the Gendarmerie shall keep in constant touch with prosecuting officers at courts martial. The Gendarmerie shall report on events concerning security and public order. "67. Throughout the duration of the time of war the Gendarmerie may be instructed by prosecuting officers at courts martial to serve subpoenas on the parties or witnesses." c) The Belgian Government wishes to emphasize that even in time of war the Gendarmerie's principal duty is still the general one conferred on it by Article 1 of the "Act on the Gendarmerie". Indeed the Royal Order of 14 March 1963 "respecting the organization of the general services of the Gendarmerie" (published in the "Moniteur belge" official gazette of 29 March 1963) stipulated in its Article 17: "In time of war: "a) The Gendarmerie shall retain its normal duties of maintaining law and order; "b) Without prejudice to Article 63 of the Act on the Gendarmerie and the measures that shall result from its execution, all Gendarmeries forces, whether mobile or territorial, shall remain under the command of the Commanding Officer of the Gendarmerie. He shall use and distribute them as the maintenance of order and the judicial service shall require. Each subordinate echelon shall act similarly within the limits of its powers and responsibilities." 3. With respect to Articles 41, 57 and 58, the Belgian Government considers that, in view of the travaux préparatoires, the expression "feasible precautions" in Article 41 must be interpreted in the same way as the "feasible precautions" mentioned in Articles 57 and 58, that is, those that can be taken in the circumstances prevailing at the moment, which include military considerations as much as humanitarian ones. 4. With respect to article 44, the Belgian Government declares that the armed conflict situations described in paragraph 3 can arise only in occupied territory or in the armed conflicts covered by Article 1, paragraph 4, of the Protocol. Furthermore the Belgian Government interprets the term "deployment" used in subparagraph (b) of the said paragraph 3 as comprising any individual or collective movement towards a position from which an attack is to be launched. 5. With respect to Articles 51 and 57, the Belgian Government interprets the "military advantage" mentioned therein as being that expected from an attack considered in its totality. 6. With respect to Part IV, Section I, of the Protocol, the Belgian Government wishes to emphasize that, whenever a military commander is required to take a decision affecting the protection of civilians or civilian objects or objects assimilated therewith, the only information on which that decision can possibly be taken is such relevant information as is then available and that it has been feasible for him to obtain for that purpose. 7. With respect to Article 96, paragraph 3, the Belgian Government declared that the only authority that could address a declaration having the effects described in paragraph 3 of Article 96 would be an authority that in any case: a) is recognized by the intergovernmental regional organization concerned, and b) does in fact represent a people engaged in an armed conflict the characteristics of which strictly and exactly conform to the definition given by Article 1, paragraph 4, and to the interpretation given to the exercise of the right of self-determination at the time of the adoption of the Protocol."

reservation: Declaration relative to each of the two Protocols made at the time of accession. "On accepting the said protocol, the Government of the United Arab Emirates takes the view that its acceptance of the said protocol does not, in any way, imply its recognition of Israel, nor does it oblige to apply the provisions of the protocol in respect of the said country. The Government of the United Arab Emirates wishes further to indicate that its understanding described above in conformity with general practice existing in the United Arab Emirates regarding signature, ratification, accession or acceptance of international conventions, treaties or protocols, of which a country not recognized by the United Arab Emirates is a party." SOURCE: Notification by the depositary addressed to the ICRC on 11 March 1983.

reservation: Interpretative declarations made at the time of ratification. "- With reference to Protocol I in its entirety: It is the understanding [of the Government of Spain] that this Protocol, within its specific scope applies exclusively to conventional weapons, and without prejudice to the rules of International Law governing other types of weapons. - Article 1, paragraph 4 and Article 96. paragraph 3: These articles shall be interpreted in accordance with the Principle contained in Article 2, paragraph 4 of the United Nations Charter, as developed and reaffirmed in the following texts: 1. Operative paragraph 6 of Resolution 1514 (XV) of the United Nations General Assembly, 14 December 1960. 2. The final paragraph relative to the principle of equal rights and self-determination of peoples, of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, approved in Resolution 2625 (XXV) of the United Nations General Assembly on 24 October 1970. - Articles 41, 56, 57, 58, 78 and 86: It is the understanding [of the Government of Spain] that in Articles 41, 56, 57, 58, 78 and 86 the word "feasible" means that the matter to which reference is made is practicable or practically possible taking into account all circumstances at the time when the situation arises, including humanitarian and military considerations. - Article 44, paragraph 3: It is understood that the criteria mentioned in sub-paragraph b of Article 44(3) on the distinction between combatants and civilians can be applied only in occupied territories. The Spanish Government also interprets the expression "military deployment" to mean any movement towards a place from which or against which an attack is going to be launched. - Articles 51-58: It is the understanding [of the Spanish Government] that the decision made by military commanders, or others with the legal capacity to plan or execute attacks which may have repercussions on civilians or civilian objects or similar objects, shall not necessarily be based on anything more than the relevant information available at the time and which it has been possible to obtain to that effect. - Articles 51, 52 and 57: It is the understanding [of the Spanish Government] that the "military advantage" which these articles mention refers to the advantage expected from the attack as a whole and not from isolated parts of it. - Article 52, paragraph 2: It is the understanding [of the Spanish Government] that the capture or holding of a specific area of territory constitutes a military objective when all the conditions set out in this paragraph together offer a concrete military advantage taking into account the circumstances at the relevant time". SOURCE: Notification by the depositary addressed to the ICRC on 24 November 1989.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Title of the Protocol and Preamble

text: ' The High Contracting Parties, '

text: ' Proclaiming ' their earnest wish to see peace prevail among peoples,

text: ' 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,

text: ' 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,

text: ' 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,

text: ' 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,

text: ' Have agreed ' on the following:

text: Preamble

text: Part I : General provisions

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

text: 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.

text: 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.

text: 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 régimes 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.

text: Article 1 - General principles and scope of application

text: For the purposes of this Protocol:

text: (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;

text: (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;

text: (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;

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

text: Article 2 - Definitions

text: Without prejudice to the provisions which are applicable at all times:

text: (a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol;

text: (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.

text: Article 3 - Beginning and end of application

text: 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.

text: Article 4 - Legal status of the Parties to the conflict

text: 1. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the

text: 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.

text: 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.

text: 3. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1 , the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may, ' inter alia ', ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party, and ask each adverse Party to provide a list 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.

text: 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.

text: 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.

text: 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.

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

text: Article 5 - Appointment of Protecting Powers and of their substitute

text: 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.

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

text: 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.

text: 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.

text: Article 6 - Qualified persons

text: 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.

text: Article 7 - Meetings

text: Part II : Wounded, sick and shipwrecked

text: Part II : Wounded, sick and shipwrecked - Section I -- General protection

text: For the purposes of this Protocol:

text: 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;

text: 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;

text: 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:

text: 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;

text: 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;

text: iii) medical personnel of medical units or medical transports described in Article 9 , paragraph 2 ;

text: d) "religious personnel" means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:

text: i) to the armed forces of a Party to the conflict;

text: ii) to medical units or medical transports of a Party to the conflict;

text: iii) to medical units or medical transports described in Article 9 , paragraph 2 ; or

text: 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 subparagraph k) apply to them;

text: 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;

text: 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;

text: 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;

text: h) "medical vehicles" means any medical transports by land;

text: i) "medical ships and craft" means any medical transports by water;

text: j) "medical aircraft" means any medical transports by air;

text: 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;

text: 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;

text: 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.

text: Article 8 - Terminology

text: 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.

text: 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:

text: (a) by a neutral or other State which is not a Party to that conflict;

text: (b) by a recognized and authorized aid society of such a State;

text: (c) by an impartial international humanitarian organization.

text: Article 9 - Field of application

text: 1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.

text: 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.

text: Article 10 - Protection and care

text: 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.

text: 2. It is, in particular, prohibited to carry out on such persons, even with their consent:

text: (a) physical mutilations;

text: (b) medical or scientific experiments;

text: (c) removal of tissue or organs for transplantation,

text: except where these acts are justified in conformity with the conditions provided for in paragraph 1.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 11 - Protection of persons

text: 1. Medical units shall be respected and protected at all times and shall not be the object of attack.

text: 2. Paragraph 1 shall apply to civilian medical units, provided that they:

text: (a) belong to one of the Parties to the conflict;

text: (b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or

text: (c) are authorized in conformity with Article 9 , paragraph 2, of this Protocol or Article 27 of the First Convention.

text: 3. The Parties to the conflict are invited to notify each other of the location of their fixed medical units. The absence of such notification shall not exempt any of the Parties from the obligation to comply with the provisions of paragraph 1.

text: 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.

text: Article 12 - Protection of medical units

text: 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.

text: 2. The following shall not be considered as acts harmful to the enemy:

text: (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;

text: (b) that the unit is guarded by a picket or by sentries or by an escort;

text: (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;

text: (d) that members of the armed forces or other combatants are in the unit for medical reasons.

text: Article 13 - Discontinuance of protection of civilian medical units

text: 1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.

text: 2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their ' matériel ' 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.

text: 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:

text: (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;

text: (b) that the requisition continues only while such necessity exists; and

text: (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.

text: Article 14 - Limitations on requisition of civilian medical units

text: 1. Civilian medical personnel shall be respected and protected.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 15 - Protection of civilian medical and religious personnel

text: 1. Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

text: 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.

text: 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.

text: Article 16 - General protection of medical duties

text: 1. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.

text: 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.

text: Article 17 - Role of the civilian population and of aid societies

text: 1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable.

text: 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.

text: 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.

text: 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.

text: 5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem.

text: 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.

text: 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.

text: 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.

text: Article 18 - Identification

text: 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.

text: Article 19 - Neutral and other States not Parties to the conflict

text: Reprisals against the persons and objects protected by this Part are prohibited.

text: Article 20 - Prohibition of reprisals

text: Part II : Wounded, sick and shipwrecked - Section II -- Medical transportation

text: Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.

text: Article 21 - Medical vehicles

text: 1. The provisions of the Conventions relating to:

text: (a) vessels described in Articles 22 , 24 , 25 and 27 of the Second Convention,

text: (b) their lifeboats and small craft,

text: (c) their personnel and crews, and

text: (d) the wounded, sick and shipwrecked on board,

text: 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.

text: 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:

text: (a) by a neutral or other State which is not a Party to that conflict; or

text: (b) by an impartial international humanitarian organization,

text: provided that, in either case, the requirements set out in that Article are complied with.

text: 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.

text: Article 22 - Hospital ships and coastal rescue craft

text: 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.

text: 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.

text: 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.

text: 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.

text: 5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.

text: 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.

text: Article 23 - Other medical ships and craft

text: Medical aircraft shall be respected and protected, subject to the provisions of this Part.

text: Article 24 - Protection of medical aircraft

text: 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.

text: Article 25 - Medical aircraft in areas not controlled by an adverse Party

text: 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.

text: 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.

text: Article 26 - Medical aircraft in contact or similar zones

text: 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.

text: 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.

text: Article 27 - Medical aircraft in areas controlled by an adverse Party

text: 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.

text: 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 , subparagraph (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.

text: 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.

text: 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.

text: Article 28 - Restrictions on operations of medical aircraft

text: 1. Notifications under Article 25 , or requests for prior agreement under Articles 26 , 27 , 28 (paragraph 4) [ Link ] , 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 .

text: 2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification.

text: 3. A Party which receives a request for prior agreement under Articles 26 , 27 , 28 (paragraph 4) [ Link ] , or 31 shall, as rapidly as possible, notify the requesting Party:

text: (a) that the request is agreed to;

text: (b) that the request is denied; or

text: (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.

text: 4. The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly.

text: 5. The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements to the military units concerned and shall instruct these units regarding the means of identification that will be used by the medical aircraft in question.

text: Article 29 - Notifications and agreements concerning medical aircraft

text: 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.

text: 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.

text: 3. If the inspection discloses that the aircraft:

text: (a) is a medical aircraft within the meaning of Article 8 , subparagraph (j) ,

text: (b) is not in violation of the conditions prescribed in Article 28 , and

text: (c) has not flown without or in breach of a prior agreement where such agreement is required,

text: 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.

text: 4. If the inspection discloses that the aircraft:

text: (a) is not a medical aircraft within the meaning of Article 8 , sub-paragraph (j) ,

text: (b) is in violation of the conditions prescribed in Article 28 , or

text: (c) has flown without or in breach of a prior agreement where such agreement is required,

text: 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.

text: Article 30 - Landing and inspection of medical aircraft

text: 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.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 31 - Neutral or other States not Parties to the conflict

text: Part II : Wounded, sick and shipwrecked - Section III -- Missing and dead persons

text: 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.

text: Article 32 - General principle

text: 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.

text: 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:

text: (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;

text: (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.

text: 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.

text: 4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and recover the dead from battlefield areas, including arrangements, if appropriate, for such teams to be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected while exclusively carrying out these duties.

text: Article 33 - Missing persons

text: 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.

text: 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:

text: (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;

text: (b) to protect and maintain such gravesites permanently;

text: (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.

text: 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.

text: 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:

text: (a) in accordance with paragraphs 2 (c) and 3, or

text: (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.

text: Article 34 - Remains of deceased

text: Part III : Methods and means of warfare -- Combatant and prisoner-of-war status

text: Part III : Methods and means of warfare -- Combatant and prisoner-of-war status - Section I -- Methods and means of warfare

text: 1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

text: 2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

text: 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.

text: Article 35 - Basic rules

text: 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.

text: Article 36 - New weapons

text: 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:

text: (a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

text: (b) the feigning of an incapacitation by wounds or sickness;

text: (c) the feigning of civilian, non-combatant status; and

text: (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.

text: 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.

text: Article 37 - Prohibition of perfidy

text: 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.

text: 2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.

text: Article 38 - Recognized emblems

text: 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.

text: 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.

text: 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.

text: Article 39 - Emblems of nationality

text: It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

text: Article 40 - Quarter

text: 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.

text: 2. A person is ' hors de combat ' if:

text: (a) he is in the power of an adverse Party;

text: (b) he clearly expresses an intention to surrender; or

text: (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

text: provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

text: 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.

text: Article 41 - Safeguard of an enemy hors de combat

text: 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

text: 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.

text: 3. Airborne troops are not protected by this Article.

text: Article 42 - Occupants of aircraft

text: Part III : Methods and means of warfare -- Combatant and prisoner-of-war status - Section II -- Combatant and prisoner-of-war status

text: 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.

text: 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.

text: 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.

text: Article 43 - Armed forces

text: 1. Any combatant, as defined in Article 43 , who falls into the power of an adverse Party shall be a prisoner of war.

text: 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.

text: 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:

text: (a) during each military engagement, and

text: (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.

text: Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37 , paragraph 1 (c .

text: 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.

text: 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.

text: 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.

text: 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.

text: 8. In addition to the categories of persons mentioned in Article 13 [ Link ] of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

text: Article 44 - Combatants and prisoners of war

text: 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.

text: 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.

text: 3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention.

text: Article 45 - Protection of persons who have taken part in hostilities

text: 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.

text: 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.

text: 3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

text: 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.

text: Article 46 - Spies

text: 1. A mercenary shall not have the right to be a combatant or a prisoner of war.

text: 2. A mercenary is any person who:

text: (a) is specially recruited locally or abroad in order to fight in an armed conflict;

text: (b) does, in fact, take a direct part in the hostilities;

text: (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;

text: (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

text: (e) is not a member of the armed forces of a Party to the conflict; and

text: (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.

text: Article 47 - Mercenaries

text: Part IV : Civilian population

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities

text:
Part IV : Civilian population - Section I -- General protection against effects of hostilities
Chapter I - Basic Rule and field of application

text: 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.

text: Article 48 - Basic rule

text: 1. "Attacks" means acts of violence against the adversary, whether in offence or in defence.

text: 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.

text: 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.

text: 4. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part Il 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.

text: Article 49 - Definition of attacks and scope of application

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter II -- Civilians and civilian population

text: 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.

text: 2. The civilian population comprises all persons who are civilians.

text: 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.

text: Article 50 - Definition of civilians and civilian population

text: 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.

text: 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.

text: 3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

text: 4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

text: (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;

text: and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

text: 5. Among others, the following types of attacks are to be considered as indiscriminate:

text: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

text: 6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

text: 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.

text: 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 .

text: Article 51 - Protection of the civilian population

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter III -- Civilian objects

text: 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.

text: 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.

text: 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.

text: Article 52 - General protection of civilian objects

text: 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:

text: (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.

text: Article 53 - Protection of cultural objects and of places of worship

text: 1. Starvation of civilians as a method of warfare is prohibited.

text: 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.

text: 3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party:

text: (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.

text: 4. These objects shall not be made the object of reprisals.

text: 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.

text: Article 54 - Protection of objects indispensable to the survival of the civilian population

text: 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.

text: 2. Attacks against the natural environment by way of reprisals are prohibited.

text: Article 55 - Protection of the natural environment

text: 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.

text: 2. The special protection against attack provided by paragraph 1 shall cease:

text: (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.

text: 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.

text: 4. It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals.

text: 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.

text: 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.

text: 7. In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol [Article 17 of Amended Annex]. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article.

text: Article 56 - Protection of works and installations containing dangerous forces

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter IV -- Precautionary measures

text: 1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

text: 2. With respect to attacks, the following precautions shall be taken:

text: (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;

text: (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.

text: 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.

text: 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.

text: 5. No provision of this Article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.

text: Article 57 - Precautions in attack

text: The Parties to the conflict shall, to the maximum extent feasible:

text: (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.

text: Article 58 - Precautions against the effects of attacks

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter V -- Localities and zones under special protection

text: Articles 59 -- Non-defended localities

text: 1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.

text: 2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a locality shall fulfil the following conditions:

text: (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.

text: 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.

text: 4. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

text: 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.

text: 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.

text: 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.

text: Article 59 - Non-defended localities

text: 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.

text: 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.

text: 3. The subject of such an agreement shall normally be any zone which fulfils the following conditions:

text: (a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated; (b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and (d) any activity linked to the military effort must have ceased.

text: 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.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 60 - Demilitarized zones

text: Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter VI -- Civil defence

text: For the purposes of this Protocol:

text: (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:

text: (i) warning; (ii) evacuation; (iii) management of shelters; (iv) management of blackout measures; (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;

text: (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;

text: (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;

text: (d) "matériel" of civil defence organizations means equipment, supplies and transports used by these organizations for the performance of the tasks mentioned under sub-paragraph (a).

text: Article 61 - Definitions and scope

text: 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.

text: 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.

text: 3. Buildings and ' matériel ' used for civil defence purposes and shelters provided for the civilian population are covered by Article 52 . Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong.

text: Article 62 - General protection

text: 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.

text: 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.

text: 3. The Occupying Power may disarm civil defence personnel for reasons of security.

text: 4. The Occupying Power shall neither divert from their proper use nor requisition buildings or or ' matériel ' belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.

text: 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:

text: (a) that the buildings or ' matériel ' are necessary for other needs of the civilian population; and (b) that the requisition or diversion continues only while such necessity exists.

text: 6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population.

text: Article 63 - Civil defence in occupied territories

text: 1. Articles 62 , 63 , 65 and 66 shall also apply to the personnel and ' matériel ' of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned.

text: 2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co-ordination of such civil defence actions when appropriate. In such cases the relevant international organizations are covered by the provisions of this Chapter.

text: 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.

text: Article 64 - Civilian civil defence organizations of neutral or other States not Parties to the conflict and international co-ordinating organizations

text: 1. The protection to which civilian civil defence organizations, their personnel, buildings, shelters and ' matériel ' are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

text: 2. The following shall not lie considered as acts harmful to the enemy:

text: (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 '.

text: 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 of 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.

text: 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.

text: Article 65 - Cessation of protection

text: 1. Each Party to the conflict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and ' matériel ', are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable.

text: 2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel, buildings and ' matériel ' on which the international distinctive sign of civil defence is displayed.

text: 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.

text: 4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and ' matériel ' and for civilian shelters.

text: 5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes.

text: 6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol.

text: 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.

text: 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.

text: 9. The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18 .

text: Article 66 - Identification

text: 1. Members of the armed forces and military units assigned to civil defence organizations shall be respected and protected, provided that:

text: (a) such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61 ; (b) if so assigned, such personnel do not perform any other military duties during the conflict; (c) such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status; (d) such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65 , paragraph 3 shall also apply in this case; (e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party; (f) such personnel and such units perform their civil defence tasks only within the national territory of their Party.

text: 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.

text: 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.

text: 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.

text: 4. The ' matériel ' and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population.

text: Article 67 - Members of the armed forces and military units assigned to civil defence organizations

text: Part IV : Civilian population - Section II -- Relief in favour of the civilian population

text: 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.

text: Article 68 - Field of application

text: 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.

text: 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.

text: Article 69 - Basic needs in occupied territories

text: 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.

text: 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.

text: 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:

text: (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.

text: 4. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.

text: 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.

text: Article 70 - Relief actions

text: 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.

text: 2. Such personnel shall be respected and protected.

text: 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.

text: 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.

text: Article 71 - Personnel participating in relief actions

text: Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict

text: Part IV : Civilian population - 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

text: 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.

text: Article 72 - Field of application

text: 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.

text: Article 73 - Refugees and stateless persons

text: 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.

text: Article 74 - Reunion of dispersed families

text: 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.

text: 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:

text: (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;

text: (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.

text: 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.

text: 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:

text: (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.

text: 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.

text: 6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict.

text: 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:

text: (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 (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.

text: 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.

text: Article 75 - Fundamental guarantees

text: Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict - Chapter II -- Measures in favour of women and children

text: 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.

text: 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.

text: 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.

text: Article 76 - Protection of women

text: 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.

text: 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.

text: 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.

text: 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 .

text: 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.

text: Article 77 - Protection of children

text: 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.

text: 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.

text: 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:

text: (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; (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.

text: Article 78 - Evacuation of children

text: Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict - Chapter III -- Journalists

text: 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 .

text: 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.

text: 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.

text: Article 79 - Measures of protection for journalists

text: Part V: Execution of the Convention and of this Protocol

text: Part V: Execution of the Convention and of this Protocol - Section I -- General provisions

text: Articles 80 -- Measures for execution

text: 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.

text: 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.

text: Article 80 - Measures for execution

text: 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.

text: 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.

text: 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 Societies extend to the victims 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.

text: 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.

text: Article 81 - Activities of the Red Cross and other humanitarian organizations

text: 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.

text: Article 82 - Legal advisers in armed forces

text: 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.

text: 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.

text: Article 83 - Dissemination

text: 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.

text: Article 84 - Rules of application

text: Part V: Execution of the Conventions and of this protocol - Section II -- Repression of breaches of the Conventions and of this Protocol

text: 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.

text: 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.

text: 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:

text: (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.

text: 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:

text: (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; (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 , sub-paragraph (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.

text: 5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

text: Article 85 - Repression of breaches of this Protocol

text: 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.

text: 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.

text: Article 86 - Failure to act

text: 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 to report to competent authorities breaches of the Conventions and of this Protocol.

text: 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.

text: 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 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.

text: Article 87 - Duty of commanders

text: 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.

text: 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.

text: 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.

text: Article 88 - Mutual assistance in criminal matters

text: 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.

text: Article 89 - Co-operation

text: 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. (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.

text: 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.

text: 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 hoc' members, 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.

text: 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.

text: 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.

text: 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.

text: 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 percent 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.

text: Article 90 - International Fact-Finding Commission

text: 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.

text: Article 91 - Responsibility

text: Part VI : Final provisions

text: 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.

text: Article 92 - Signature

text: 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.

text: Article 93 - Ratification

text: 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.

text: Article 94 - Accession

text: 1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

text: 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.

text: Article 95 - Entry into force

text: 1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

text: 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.

text: 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:

text: (a) the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with immediate effect;

text: (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

text: (c) the Conventions and this Protocol are equally binding upon all Parties to the conflict.

text: Article 96 - Treaty relations upon entry into force of this Protocol

text: 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.

text: 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.

text: Article 97 - Amendment

text: 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 I to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex I 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.

text: 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.

text: 3. Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting.

text: 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.

text: 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 non-acceptance 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.

text: 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.

text: Article 98 - Revision of Annex I

text: 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 re-establishment of the persons protected by the Conventions or this Protocol have been terminated.

text: 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.

text: 3. The denunciation shall have effect only in respect of the denouncing Party.

text: 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.

text: Article 99 - Denunciation

text: 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:

text: (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93 and 94 ;

text: (b) 1 the date of entry into force of this Protocol under Article 95 ;

text: (c) communications and declarations received under Articles 84 , 90 and 97 ;

text: (d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and

text: (e) denunciations under Article 99 .

text: Article 100 - Notifications

text: 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.

text: 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.

text: Article 101 - Registration

text: 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.

text: Article 102 - Authentic texts

summary: The present Protocol brings mainly the following innovations: Article 1(4) provides that armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes are to be considered international conflicts. Part II (Articles 8-34) develops the rules of the First and the Second Geneva Conventions on wounded, sick and shipwrecked. It extends the protection of the Conventions to civilian medical personnel, equipment and supplies and to civilian units and transports and contains detailed provisions on medical transportation. Part III and several chapters of Part IV (Articles 35-60) deal with the conduct of hostilities, i.e. questions which hitherto were regulated by the Hague Conventions of 1899 and 1907 and by customary international law. Their reaffirmation and development is important in view of the age of the Hague Conventions and of the new States which had no part in their elaboration. Article 43 and 44 give a new definition of armed forces and combatants. Among the most important Articles are those on the protection of the civilian population against the effects of hostilities. They contain a definition of military objectives and prohibitions of attack on civilian persons and objects. Further Articles (61-79) deal with the protection of civil defence organizations, relief actions and the treatment of persons in the power of a party to a conflict. Part V (Articles 80-91) brings some new elements to the problem of the execution of the Conventions and the Protocol.