Final Act of the Diplomatic Conference of Geneva of 1974-1977.
Soon after the adoption of the four Geneva Conventions of 1949 it became clear that additional rules would be necessary for the protection of the civilian population against the effects of hostilities. The Geneva Conventions are concerned only with persons in the power of a party to a conflict, the only exception being Part II (Articles 13-26) of the Fourth Geneva Convention which deals with the protection of the population against certain consequences of war. In 1956, the ICRC, with the approval of the International Conference of the Red Cross, submitted to the governments the Draft Rules for the Limitation of the Dangers Incurred by the Civilian Population in Time of War. The time was not ready, however, for their adoption as an international convention. It was only in the mid-1960's that the interest in the law of armed conflicts awoke as a consequence of the conflicts in Vietnam, the Middle-East, Nigeria and other parts of the World, later also in connection with the struggles against colonial and alien domination and racist regimes. In 1965, the International Conference of the Red Cross adopted a resolution urging the ICRC to pursue the development of international humanitarian law. In 1968, the International Conference on Human Rights at Tehran, convened by the United Nations General Assembly, emphasized the need for additional humanitarian conventions, and in the same year, the General Assembly supported this request. In 1969, the International Conference of the Red Cross asked the ICRC to work out proposals for the completion of the humanitarian law and to convene government and other experts for consultation on such proposals. On the basis of these and later resolutions, the ICRC convened two successive conferences of government experts in Geneva (24 May - 12 June 1971, and 3 May - 3 June 1972) in order to prepare two draft protocols additional to the Geneva Conventions, one on international armed conflicts, the other on non-international armed conflicts. In 1973, the ICRC published the two draft protocols and the Swiss Federal Council convened the Diplomatic Conference which held four sessions from 1974 to 1977. The dates of the sessions and the States represented at them are indicated in the Final Act. The two Protocols were adopted by consensus on 8 June 1977. The Final Act was signed on 10 June 1977 by the representatives of 102 States and of 3 National Liberation Movements. The two Protocols were opened for signature on 12 December 1977. The Final Act has no force of law.
Final Act
EXTRACTS FROM THE FINAL ACT
The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva (from 20 February to 29 March 1974, from 3 February to 18 April 1975, from 21 April to 11 June 1976 and from 17 March to 10 June 1977). The object of the Conference was to study two draft Additional Protocols prepared, after official and private consultations, by the International Committee of the Red Cross and intended to supplement the four Geneva Conventions of 12 August 1949.
One hundred and twenty-four States were represented at the first session of the Conference, 120 States at the second session, 107 States at the third session and 109 States at the fourth session.
In view of the paramount importance of ensuring broad participation in the work of the Conference, which was of a fundamentally humanitarian nature, and because the progressive development and codification of international humanitarian law applicable in armed conflicts is a universal task in which the national liberation movements recognized by the regional intergovernmental organizations concerned can contribute positively, the Conference by its resolution 3 (I) decided to invite also the national liberation movements to participate fully in the deliberations of the Conference and its Main Committees, it being understood that only delegations representing States were entitled to vote.
The International Committee of the Red Cross, which had prepared the two draft Additional Protocols, participated in the work of the Conference in an expert capacity.
The Conference drew up the following instruments:
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and Annexes I and II;
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).
These Additional Protocols were adopted by the Conference on 8 June 1977. They will be submitted to Governments for consideration and will be open for signature on 12 December 1977, at Berne, for a period of twelve months, in accordance with their provisions. These instruments will also be open for accession, in accordance with their provisions.
DONE AT GENEVA, on 10 June 1977, in Arabic, English, French, Russian and Spanish, the original and accompanying documents to be deposited in the Archives of the Swiss Confederation.
IN WITNESS WHEREOF, the representatives have signed this Final Act.