The
High Contracting Parties,
Proclaiming their
earnest wish to see peace prevail among peoples,
Recalling that every
State has the duty, in conformity with the Charter of the United Nations, to
refrain in its international relations from the threat or use of force against
the sovereignty, territorial integrity or political independence of any State,
or in any other manner inconsistent with the purposes of the United Nations.
Believing it
necessary nevertheless to reaffirm and develop the provisions protecting the
victims of armed conflicts and to supplement measures intended to reinforce
their application,
Expressing their
conviction that nothing in this Protocol or in the Geneva Conventions of 12
August 1949 can be construed as legitimizing or authorizing any act of
aggression or any other use of force inconsistent with the Charter of the
United Nations,
Reaffirming further
that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol
must be fully applied in all circumstances to all persons who are protected by
those instruments, without any adverse distinction based on the nature or
origin of the armed conflict or on the causes espoused by or attributed to the
Parties to the conflicts,
Have agreed on the
following:
GENERAL
PROVISIONS
1.
The High Contracting Parties undertake to respect and to ensure respect for
this Protocol in all circumstances.
2. In cases not
covered by this Protocol or by other international agreements, civilians and
combatants remain under the protection and authority of the principles of
international law derived from established custom, from the principles of
humanity and from the dictates of public conscience.
3. This Protocol,
which supplements the Geneva Conventions of 12 August 1949 for the protection
of war victims, shall apply in the situations referred to in Article 2 common
to those Conventions.
4. The situations
referred to in the preceding paragraph include armed conflicts in which peoples
are fighting against colonial domination and alien occupation and against
racist regimes in the exercise of their right of self-determination, as
enshrined in the Charter of the United Nations and the Declaration on
Principles of International Law concerning Friendly Relations and Co-operation
among States in accordance with the Charter of the United Nations.
For
the purposes of this Protocol:
(a) "First Convention",
"Second Convention", "Third Convention" and "Fourth
Convention" mean, respectively, the Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces in the Field of 12
August 1949; the Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949;
the Geneva Convention relative to the Treatment of Prisoners of War of 12
August 1949; the Geneva Convention relative to the Protection of Civilian
Persons in Time of War of 12 August 1949; "the Conventions" means the
four Geneva Conventions of 12 August 1949; for the protection of war victims;
(b) ''Rules of
international law applicable in armed conflict" means the rules applicable
in armed conflict set forth in international agreements to which the Parties to
the conflict are Parties and the generally recognized principles and rules of
international law which are applicable to armed conflict;
(c) ''Protecting
Power" means a neutral or other State not a Party to the conflict which
has been designated by a Party to the conflict and accepted by the adverse
Party and has agreed to carry out the functions assigned to a Protecting Power
under the Conventions and this Protocol;
(d)
''Substitute" means an organization acting in place of a Protecting Power
in accordance with Article 5.
Without
prejudice to the provisions which are applicable at all times:
(a) The Conventions
and this Protocol shall apply from the beginning of any situation referred to
in Article 1 of this Protocol;
(b) The application
of the Conventions and of this Protocol shall cease, in the territory of
Parties to the conflict, on the general close of military operations and, in
the case of occupied territories, on the termination of the occupation, except,
in either circumstance, for those persons whose final release, repatriation or
re-establishment takes place thereafter. These persons shall continue to
benefit from the relevant provisions of the Conventions and of this Protocol
until their final release, repatriation or re-establishment.
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.
1.
It is the duty of the Parties to a conflict from the beginning of that conflict
to secure the supervision and implementation of the Conventions and of this
Protocol by the application of the system of Protecting Powers, including inter
alia the designation and acceptance of those Powers, in accordance with the
following paragraphs. Protecting Powers shall have the duty of safeguarding the
interests of the Parties to the conflict.
2. From the beginning
of a situation referred to in Article each Party to the conflict shall without
delay designate a Protecting Power for the purpose of applying the Conventions
and this Protocol and shall, likewise without delay and for the same purpose,
permit the activities of a Protecting Power which has been accepted by it as
such after designation by the adverse Party.
3. If a Protecting
Power has not been designated or accepted from the beginning of a situation
referred to in Article 1, the International Committee
of the Red Cross,
without prejudice to the right of any other impartial humanitarian organization
to do likewise, shall offer its good offices to the Parties to the conflict
with a view to the designation without delay of a Protecting Power to which the
Parties to the conflict consent. For that purpose it may, inter alia, ask each
Party to provide it with a list of at least five States which that Party
considers acceptable to act as Protecting Power on its behalf in relation to an
adverse Party, and ask each adverse Party to provide a list of at least five
States which it would accept as the Protecting Power of the first Party; these
lists shall be communicated to the Committee within two weeks after the receipt
of the request; it shall compare them and seek the agreement of any proposed
State named on both lists.
4. If, despite the
foregoing, there is no Protecting Power, the Parties to the conflict shall
accept without delay an offer which may be made by the International Committee
of the Red Cross or by any other organization which offers all guarantees of
impartiality and efficacy, after due consultations with the said Parties and
taking into account the result of these consultations, to act as a substitute.
The functioning of such a substitute is subject to the consent of the Parties
to the conflict; every effort shall be made by the Parties to the conflict to
facilitate the operations of the substitute in the performance of its tasks
under the Conventions and this Protocol.
5. In accordance with
Article 4, the designation and acceptance of Protecting Powers for the purpose
of applying the Conventions and this Protocol shall not affect the legal status
of the Parties to the conflict or of any territory, including occupied
territory.
6. The maintenance of
diplomatic relations between Parties to the conflict or the entrusting of the
protection of a Party's interests and those of its nationals to a third State
in accordance with the rules of international law relating to diplomatic
relations is no obstacle to the designation of Protecting Powers for the
purpose of applying the Conventions and this Protocol.
7. Any subsequent
mention in this Protocol of a Protecting Power includes also a substitute.
1.
The High Contracting Parties shall, also in peacetime, endeavour, with the
assistance of the national Red Cross (Red Crescent, Red Lion and Sun)
Societies, to train qualified personnel to facilitate the application of the
Conventions and of this Protocol, and in particular the activities of the
Protecting Powers.
2. The recruitment
and training of such personnel are within domestic jurisdiction.
3. The International
Committee of the Red Cross shall hold at the disposal of the High Contracting
Parties the lists of persons so trained which
the High Contracting
Parties may have established and may have transmitted to it for that purpose.
4. The conditions
governing the employment of such personnel outside the national territory
shall, in each case, be the subject of special agreements between the Parties
concerned.
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.
WOUNDED,
SICK AND SHIPWRECKED
SECTION I.-GENERAL
PROTECTION
For
the purposes of this Protocol:
(a) "Wounded"
and "sick" mean persons, whether military or civilian, who, because
of trauma, disease or other physical or mental disorder or disability, are in
need of medical assistance or care and who refrain from any act of hostility.
These terms also cover maternity cases, new-born babies and other persons who
may be in need of immediate medical assistance or care, such as the infirm or
expectant mothers, and who refrain from any act of hostility;
(b)
''Shipwrecked" means persons, whether military or civilian, who are in
peril at sea or in other waters as a result of misfortune affecting them or the
vessel or aircraft carrying them and who refrain from any act of hostility.
These persons, provided that they continue to refrain from any act of
hostility, shall continue to be considered shipwrecked during their rescue
until they acquire another status under the Conventions or this Protocol;
(c) "Medical
personnel" means those persons assigned, by a Party to the conflict,
exclusively to the medical purposes enumerated under subparagraph (e) or to the
administration of medical units or to the operation or administration of
medical transports. Such assignments may be either permanent or temporary. The
term includes:
(i) Medical personnel
of a Party to the conflict, whether military or civilian, including those
described in the First and Second Conventions, and those assigned to civil
defence organizations;
(ii) Medical
personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and
other national voluntary aid societies duly recognized and authorized by a
Party to the conflict;
(iii) Medical
personnel of medical units or medical transports described in Article 9,
paragraph 2;
(d) "Religious
personnel" means military or civilian persons, such as chaplains, who are
exclusively engaged in the work of their ministry and attached:
(i) To the armed
forces of a Party to the conflict;
(ii) To medical units
or medical transports of a Party to the conflict;
(iii) To medical
units or medical transports described in Article 9, paragraph 2; or
(iv) To civil defence
organizations of a Party to the conflict.
The attachment of
religious personnel may be either permanent or temporary, and the relevant
provisions mentioned under sub-paragraph (k) apply to them;
(e) "Medical
units" means establishments and other units, whether military or civilian,
organized for medical purposes, namely the search for, collection,
transportation, diagnosis or treatment-including first-aid treatment-of the
wounded, sick and shipwrecked, or for the prevention of disease. The term
includes, for example, hospitals and other similar units, blood transfusion
centres, preventive medicine centres and institutes, medical depots and the
medical and pharmaceutical stores of such units. Medical units may be fixed or
mobile, permanent or temporary;
(g) 'Medical
transportation" means the conveyance by land, water or air of the wounded,
sick, shipwrecked, medical personnel, religious personnel, medical equipment or
medical supplies protected by the Conventions and by this Protocol;
(g) "Medical
transports" means any means of transportation. whether military or
civilian, permanent or temporary, as signed exclusively to medical
transportation and under the control of a competent authority of a Party to the
conflict;
(h) ''Medical
vehicles" means any medical transports by land;
(i) "Medical
ships and craft'' means any medical transports by water;
(j) "Medical
aircraft" means any medical transports by air;
(k) "Permanent
medical personnel'', "permanent medical units" and "permanent
medical transports" mean those assigned exclusively to medical purposes
for an indeterminate period. ''Temporary medical personnel",
"temporary medical units" and "temporary medical
transports" mean those devoted exclusively to medical purposes for limited
periods during the whole of such periods. Unless otherwise specified, the terms
''medical personnel", " medical units" and "medical
transports" cover both permanent and temporary categories;
(I) "Distinctive
emblem" means the distinctive emblem of the red cross, red crescent or red
lion and sun on a white ground when used for the protection of medical units
and transports, or medical and religious personnel, equipment or supplies;
(m) ''Distinctive
signal" means any signal or message specified for the identification
exclusively of medical units or transports in Chapter III of Annex I to this
Protocol.
1.
This Part, the provisions of which are intended to ameliorate the condition of
the wounded, sick and shipwrecked, shall apply to all those affected by a
situation referred to in Article 1, without any adverse distinction founded on
race, colour, sex, language, religion or belief, political or other opinion,
national or social origin, wealth, birth or other status, or on any other
similar criteria.
2. The relevant
provisions of Articles 27 and 32 of the First Convention shall apply to
permanent medical units and transports (other than hospital ships, to which
Article 25 of the Second Convention applies) and their personnel made available
to a Party to the conflict for humanitarian purposes:
(a) By a neutral or
other State which is not a Party to that conflict;
(b) By a recognized
and authorized aid society of such a State;
(c) By an impartial
international humanitarian organization.
1.
All the wounded, sick and shipwrecked, to whichever Party they belong, shall be
respected and protected.
2. In all
circumstances they shall be treated humanely and shall receive, to the fullest
extent practicable and with the least possible delay, the medical care and
attention required by their condition. There shall be no distinction among them
founded on any grounds other than medical ones.
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 I shall not be endangered
by any unjustified act or omission. Accordingly, it is prohibited to subject
the persons described in this Article to any medical procedure which is not
indicated by the state of health of the person concerned and which is not
consistent with generally accepted medical standards which would be applied
under similar medical circumstances to persons who are nationals of the Party
conducting the procedure and who are in no way deprived of liberty.
2. It is, in
particular, prohibited to carry out on such persons, even with their consent:
(a) Physical
mutilations;
(b) Medical or
scientific experiments;
(c) Removal of tissue
or organs for transplantation,
except where these
acts are justified in conformity with the conditions provided for in paragraph 1.
3. Exceptions to the
prohibition in paragraph 2 (c) may be made only in the case of donations of
blood for transfusion or of skin for grafting, provided that they are given
voluntarily and without any coercion or inducement, and then only for therapeutic
purposes, under conditions consistent with generally accepted medical standards
and controls designed for the benefit of both the donor and the recipient.
4. Any wilful act or
omission which seriously endangers the physical or mental health or integrity
of any person who is in the power of a Party other than the one on which he
depends and which either violates any of the prohibitions in paragraphs 1 and 2
or fails to comply with the requirements of paragraph 3 shall be a grave breach
of this Protocol.
5. The persons
described in paragraph I have the right to refuse any surgical operation. In
case of refusal, medical personnel shall endeavour to obtain a written
statement to that effect, signed or acknowledged by the patient.
6. Each Party to the
conflict shall keep a medical record for every donation of blood for
transfusion or skin for grafting by persons referred to in paragraph 1, if that
donation is made under the responsibility of that Party. In addition, each
Party to the conflict shall endeavour to keep a record of all medical
procedures undertaken with respect to any person who is interned, detained or
otherwise deprived of liberty as a result of a situation referred to in Article
1. These records shall be available at all times for inspection by the
Protecting Power.
1.
Medical units shall be respected and protected at all times and shall not be
the object of attack.
2. Paragraph I shall
apply to civilian medical units, provided that they:
(a) Belong to one of
the Parties to the conflict;
(b) Are recognized
and authorized by the competent authority of one of the Parties to the
conflict; or
(c) Are authorized in
conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the
First Convention.
3. The Parties to the
conflict are invited to notify each other of the location of their fixed
medical units. The absence of such notification shall not exempt any of the
Parties from the obligation to comply with the provisions of paragraph 1.
4. Under no
circumstances shall medical units be used in an attempt to shield military
objectives from attack. Whenever possible, the Parties to the conflict shall
ensure that medical units are so sated that attacks against military objectives
do not imperil their safety.
1.
The protection to which civilian medical units are entitled shall not cease
unless they are used to commit, outside their humanitarian function, acts
harmful to the enemy. Protection may, however, cease only after a warning has
been given setting, whenever appropriate, a reasonable time-limit, and after
such warning has remained unheeded.
2. The following
shall not be considered as acts harmful to the enemy;
(a) That the
personnel of the unit are equipped with light individual weapons for their own
defence or for that of the wounded and sick in their charge;
(b) That the unit is
guarded by a picket or by sentries or by an escort;
(c) That small arms
and ammunition taken from the wounded and sick, and not yet handed to the
proper service, are found in the units;
(d) That members of
the armed forces or other combatants are in the unit for medical reasons.
1.
The Occupying Power has the duty to ensure that the medical needs of the
civilian population in occupied territory continue to be satisfied.
2. The Occupying
Power shall not, therefore, requisition civilian medical units, their
equipment, their mat‚riel or the services of their personnel, so long as these
resources are necessary for the provision of adequate medical services for the
civilian population and for the continuing medical care of any wounded and sick
already under treatment.
3. Provided that the
general rule in paragraph 2 continues to be observed, the Occupying Power may
requisition the said resources, subject to the following particular conditions:
(a) That the
resources are necessary for the adequate and immediate medical treatment of the
wounded and sick members of the armed forces of the Occupying Power or of
prisoners of war;
(b) That the
requisition continues only while such necessity exists; and
(c) That immediate
arrangements are made to ensure that the medical needs of the civilian
population, as well as those of any wounded and sick under treatment who are
affected by the requisition, continue to be satisfied.
1.
Civilian medical personnel shall be respected and protected.
2. If needed, all
available help shall be afforded to civilian medical personnel in an area where
civilian medical services are disrupted by reason of combat activity.
3. The Occupying
Power shall afford civilian medical personnel in occupied territories every
assistance to enable them to perform, to the best of their ability, their
humanitarian functions. The Occupying Power may not require that, in the
performance of those functions, such personnel shall give priority to the
treatment of any person except on medical grounds. They shall not be compelled
to carry out tasks which are not compatible with their humanitarian mission.
4. Civilian medical
personnel shall have access to any place where their services are essential,
subject to such supervisory and safety measures as the relevant Party to the
conflict may deem necessary.
5. Civilian religious
personnel shall be respected and protected. The provisions of the Conventions
and of this Protocol concerning the protection and identification of medical
personnel shall apply equally to such persons.
1.
Under no circumstances shall any person be punished for carrying out medical
activities compatible with medical ethics, regardless of the person benefiting
therefrom.
2. Persons engaged in
medical activities shall not be compelled to perform acts or to carry out work
contrary to the rules of medical ethics or to other medical rules designed for
the benefit of the wounded and sick or to the provisions of the Conventions or
of this Protocol, or to refrain from performing acts or from carrying out work
required by those rules and provisions.
3. No person engaged
in medical activities shall be compelled to give to anyone belonging either to
an adverse Party, or to his own Party except as required by the law of the
latter Party, any information concerning the wounded and sick who are, or who
have been, under his care, if such information would, in his opinion, prove
harmful to the patients concerned or to their families. Regulations for the
compulsory notification of communicable diseases shall, however, be respected.
1.
The civilian population shall respect the wounded, sick and shipwrecked, even
if they belong to the adverse Party, and shall commit no act of violence
against them. The civilian population and aid societies, such as national Red
Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on
their own initiative, to collect and care for the wounded, sick and
shipwrecked, even in invaded or occupied areas. No one shall be harmed,
prosecuted, convicted or punished for such humanitarian acts.
2. The Parties to the
conflict may appeal to the civilian population and the aid societies referred
to in paragraph 1 to collect and care for the wounded, sick and shipwrecked,
and to search for the dead and report their location; they shall grant both
protection and the necessary facilities to those who respond to this appeal. If
the adverse Party gains or regains control of the area, that Party also shall
afford the same protection and facilities for so long as they are needed.
1.
Each Party to the conflict shall endeavour to ensure that medical and religious
personnel and medical units and transports are identifiable.
2. Each Party to the
conflict shall also endeavour to adopt and to implement methods and procedures
which will make it possible to recognize medical units and transports which use
the distinctive emblem and distinctive signals.
3. In occupied
territory and in areas where fighting is taking place or is likely to take
place, civilian medical personnel and civilian religious personnel should be
recognizable by the distinctive emblem and an identity card certifying their
status.
4. With the consent
of the competent authority, medical units and transports shall be marked by the
distinctive emblem. The ships and craft referred to in Article 22 of this
Protocol shall be marked in accordance with the provisions of the Second
Convention.
5. In addition to the
distinctive emblem, a Party to the conflict may, as provided in Chapter III of
Annex I to this Protocol, authorize the use of distinctive signals to identify
medical units and transports. Exceptionally, in the special cases covered in
that Chapter, medical transports may use distinctive signals without displaying
the distinctive emblem.
6. The application of
the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I
to m of Annex I to this Protocol. Signals designated in Chapter m of the Annex
for the exclusive use of medical units and transports shall not, except as
provided therein, be used for any purpose other than to identify the medical
units and transports specified in that Chapter.
7. This Article does
not authorize any wider use of the distinctive emblem in peacetime than is
prescribed in Article 44 of the First Convention.
8. The provisions of
the Conventions and of this Protocol relating to supervision of the use of the
distinctive emblem and to the prevention and repression of any misuse thereof
shall be applicable to distinctive signals .
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.
Reprisals
against the persons and objects protected by this Part are prohibited.
SECTION II.-MEDICAL
TRANSPORTATION
Medical
vehicles shall be respected and protected in the same way as mobile medical
units under the Conventions and this Protocol.
1.
The provisions of the Conventions relating to:
(a) Vessels described
in Articles 22, 24, 25 and 27 of the Second Convention,
(b) Their lifeboats
and small craft,
(c) Their personnel
and crews; and
(d) The wounded, sick
and shipwrecked on board, shall also apply where these vessels carry civilian
wounded, sick and shipwrecked who do not belong to any of the categories mentioned
in Article 13 of the Second Convention. Such civilians shall not, however, be
subject to surrender to any Party which is not their own, or to capture at sea.
If they find themselves in the power of a Party to the conflict other than
their own they shall be covered by the Fourth Convention and by this Protocol.
2. The protection
provided by the Conventions to vessels described in Article 25 of the Second
Convention shall extend to hospital ships made available for humanitarian
purposes to a Party to the conflict:
(a) By a neutral or
other State which is not a Party to that conflict; or
(b) By an impartial
international humanitarian organization,
provided that, in
either case, the requirements set out in that Article are complied with.
3. Small craft
described in Article 27 of the Second Convention shall be protected even if the
notification envisaged by that Article has not been made. The Parties to the
conflict are, nevertheless, invited to inform each other of any details of such
craft which will facilitate their identification and recognition.
1.
Medical ships and craft other than those referred to in Article 22 of this
Protocol and Article 38 of the Second Convention shall, whether at sea or in
other waters, be respected and protected in the same way as mobile medical
units under the Conventions and this Protocol. Since this protection can only
be effective if they can be identified and recognized as medical ships or
craft, such vessels should be marked with the distinctive emblem and as far as
possible comply with the second paragraph of Article 43 of the Second
Convention.
2. The ships and
craft referred to in paragraph I shall remain subject to the laws of war. Any
warship on the surface able immediately to enforce its command may order them
to stop, order them off, or make them take a certain course, and they shall
obey every such command. Such ships and craft may not in any other way be
diverted from their medical mission so long as they are needed for the wounded,
sick and shipwrecked on board.
3. The protection
provided in paragraph I shall cease only under the conditions set out in
Articles 34 and 35 of the Second Convention. A clear refusal to obey a command
given in accordance with paragraph 2 shall be an act harmful to the enemy under
Article 34 of the Second Convention.
4. A Party to the
conflict may notify any adverse Party as far in advance of sailing as possible
of the name, description, expected time of sailing, course and estimated speed
of the medical ship or craft, particularly in the case of ships of over 2,000
gross tons, and may provide any other information which would facilitate
identification and recognition. The adverse Party shall acknowledge receipt of
such information.
5. The provisions of
Article 37 of the Second Convention shall apply to medical and religious
personnel in such ships and craft.
6. The provisions of
the Second Convention shall apply to the wounded, sick and shipwrecked
belonging to the categories referred to in Article 13 of the Second Convention
and in Article 44 of this Protocol who may be on board such medical ships and
craft. Wounded, sick and shipwrecked civilians who do not belong to any of the
categories mentioned in Article 13 of the Second Convention shall not be
subject, at sea, either to surrender to any Party which is not their own; or to
removal from such ships or craft; if they find themselves in the power of a
Party to the conflict other than their own, they shall be covered by the Fourth
Convention and by this Protocol.
Medical
aircraft shall be respected and protected, subject to the provisions of this
Part.
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.
1.
In and over those parts of the contact zone which are physically controlled by
friendly forces and in and over those areas the physical control of which is
not clearly established, protection for medical aircraft can be fully effective
only by prior agreement between the competent military authorities of the
Parties to the conflict, as provided for in Article 29. Although, in the
absence of such an agreement, medical aircraft operate at their own risk, they
shall nevertheless be respected after they have been recognized as such.
2. "Contact
zone" means any area on land where the forward elements of opposing forces
are in contact with each other, especially where they are exposed to direct
fire from the ground.
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 Patty,
provided that prior agreement to such flights has been obtained from the
competent authority of the adverse Party.
2. A medical aircraft
which flies over an area physically controlled by an adverse Party without, or
in deviation from the terms of, an agreement provided for in paragraph 1,
either through navigational error or because of an emergency affecting the
safety of the flight, shall make every effort to identify itself and to inform
the adverse Party of the circumstances. As soon as such medical aircraft has
been recognized by the adverse Party, that Party shall make all reasonable
efforts to given 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.
1.
The Parties to the conflict are prohibited from using their medical aircraft to
attempt to acquire any military advantage over an adverse Party. The presence
of medical aircraft shall not be used in an attempt to render military
objectives immune from attack.
2. Medical aircraft
shall not be used to collect or transmit intelligence data and shall not carry
any equipment intended for such purposes. They are prohibited from carrying any
persons or cargo not included within the definition in Article 8, subparagraph
(t). The carrying on board of the personal effects of the occupants or of
equipment intended solely to facilitate navigation, communication or
identification shall not be considered as prohibited.
3. Medical aircraft
shall not carry any armament except small arms and ammunition taken from the
wounded, sick and shipwrecked on board and not yet handed to the proper
service, and such light individual weapons as may be necessary to enable the
medical personnel on board to defend themselves and the wounded, sick and shipwrecked
in their charge.
4. While carrying out
the flights referred to in Articles 26 and 27, medical aircraft shall not,
except by prior agreement with the adverse Party, be used to search for the
wounded, sick and shipwrecked
1.
Notifications under Article 25, or requests for prior agreement under Articles
26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical
aircraft, their flight plans and means of identification, and shall be
understood to mean that every flight will be carried out in compliance with
Article 28.
2. A Party which
receives a notification given under Article 25 shall at once acknowledge
receipt of such notification.
3. A Party which
receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4),
or 31 shall, as rapidly as possible, notify the requesting Party:
(a) That the request
is agreed to;
(b) That the request
is denied; or
(c) Of reasonable
alternative proposals to the request. It may also propose a prohibition or
restriction of other flights in the area during the time involved. If the Party
which submitted the request accepts the alternative proposals, it shall notify
the other Party of such acceptance.
4. The Parties shall
take the necessary measures to ensure that notifications and agreements can be
made rapidly.
5. The Parties shall
also take the necessary measures to disseminate rapidly the substance of any
such notifications and agreements to the military units concerned and shall
instruct those units regarding the means of identification that will be used by
the medical aircraft in question.
1.
Medical aircraft flying over areas which are physically controlled by an
adverse Party, or over areas the physical control of which is not clearly
established, may be ordered to land or to alight on water, as appropriate, to
permit inspection in accordance with the following paragraphs. Medical aircraft
shall obey any such order.
2. If such an
aircraft lands or alights on water, whether ordered to do so or for other
reasons, it may be subjected to inspection solely to determine the matters
referred to in paragraphs 3 and 4. Any such inspection shall be commenced
without delay and shall be conducted expeditiously. The inspecting Party shall
not require the wounded and sick to be removed from the aircraft unless their
removal is essential for the inspection. That Party shall in any event ensure that
the condition of the wounded and sick is not adversely affected by the
inspection or by the removal.
3. If the inspection
discloses that the aircraft:
(a) Is a medical
aircraft within the meaning of Article 8, subparagraph (i);
(b) Is not in
violation of the conditions prescribed in Article 28; and
(c) Has not flown
without or in breach of a prior agreement where such agreement is required; the
aircraft and those of its occupants who belong to the adverse Party or to a
neutral or other State not a Party to the conflict shall be authorized to
continue the flight without delay.
4. If the inspection
discloses that the aircraft:
(a) Is not a medical
aircraft within the meaning of Article 8, subparagraph (j);
(b) Is in violation
of the conditions prescribed in Article 28; or,
(c) Has flown without
or in breach of a prior agreement where such agreement is required; the
aircraft may be seized. Its occupants shall be treated in conformity with the
relevant provisions of the Conventions and of this Protocol. Any aircraft
seized which had been assigned as a permanent medical aircraft may be used
thereafter only as a medical aircraft.
1.
Except by prior agreement, medical aircraft shall not fly over or land in the
territory of a neutral or other State not a Party to the conflict. However,
with such an agreement, they shall be respected throughout their flight and
also for the duration of any calls in the territory. Nevertheless they shall
obey any summons to land or to alight on water, as appropriate.
2. Should a medical
aircraft, in the absence of an agreement or in deviation from the terms of an
agreement, fly over the territory of a neutral or other State not a Party to
the conflict, either through navigational error or because of an emergency
affecting the safety o the flight, it shall make every effort to give notice of
the flight and to identify itself. As soon as such medical aircraft is
recognized, that State shall make all reasonable efforts to give the order to
land or to alight on water referred to in Article 30, paragraph 1, or to take
other measures to safeguard its own interests, and in either case, to allow the
aircraft time for compliance, before resorting to an attack against the aircraft.
3. If a medical
aircraft, either by agreement or in the circumstances mentioned in paragraph 2,
lands or alights on water in the territory of a neutral or other State not
Party to the conflict, whether ordered to do so or for other reasons, the aircraft
shall be subject to inspection for the purposes of determining whether it is in
fact a medical aircraft. The inspection shall be commenced without delay and
shall be conducted expeditiously. The inspecting Party shall not require the
wounded and sick of the Party operating the aircraft to be removed from it
unless their removal is essential for the inspection. The inspecting Party
shall in any event ensure that the condition of the wounded and sick is not
adversely affected by the inspection or the removal. If the inspection
discloses that the aircraft is in fact a medical aircraft, the aircraft with
its occupants, other than those who must be detained in accordance with the
rules of international law applicable in armed conflict, shall be allowed to resume
its flight, and reasonable facilities shall be given for the continuation of
the flight. If the inspection discloses that the aircraft is not a medical
aircraft, it shall be seized and the occupants treated in accordance with
paragraph 4.
4. The wounded, sick
and shipwrecked disembarked, otherwise than temporarily, from a medical
aircraft with the consent of the local authorities in the territory of a
neutral or other State not a Party to the conflict shall, unless agreed
otherwise between that State and the Parties to the conflict, be detained by
that Sate where so required by the rules of international law applicable in
armed conflict, in such a manner that they cannot again take part in the
hostilities. The cost of hospital treatment and internment shall be borne by
the State to which those persons belong.
5. Neutral or other
States not Parties to the conflict shall apply any conditions and restrictions
on the passage of medical aircraft over, or on the landing of medical aircraft
in, their territory equally to all Parties to the conflict.
SECTION.-MISSING AND
DEAD PERSONS
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.
1.
As soon as circumstances permit, and at the latest from the end of active
hostilities, each Party to the conflict shall search for the persons who have
been reported missing by an adverse Party. Such adverse Party shall transmit
all relevant information concerning such persons in order to facilitate such
searches.
2. In order to
facilitate the gathering of information pursuant to the preceding paragraph,
each Party to the conflict shall, with respect to persons who would not receive
more favourable consideration under the Conventions and this Protocol:
(a) Record the information
specified in Article 138 of the Fourth Convention in respect of such persons
who have been detained, imprisoned or otherwise held in captivity for more than
two weeks as a result of hostilities or occupation, or who have died during any
period of detention;
(b) To the fullest
extent possible, facilitate and, if need be, carry out the search for and the
recording of information concerning such persons if they have died in other
circumstances as a result of hostilities or occupation.
3. Information
concerning persons reported missing pursuant to paragraph I and requests for
such information shall be transmitted either directly or through the Protecting
Power or the Central Tracing Agency of the International Committee of the Red
Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where
the information is not transmitted through the International Committee of the
Red Cross and its Central Tracing Agency, each Party to the conflict shall
ensure that such information is also supplied to the Central Tracing Agency.
4. The Parties to the
conflict shall endeavour to agree on arrangements for teams to search for,
identify and recover the dead from battlefield areas, including arrangements,
if appropriate, for such teams to be accompanied by personnel of the adverse
Party while carrying out the missions in areas controlled by the adverse Party.
Personnel of such teams shall be respected and protected while exclusively
carrying out these duties.
1.
The remains of persons who have died for reasons related to occupation or in
detention resulting from occupation or hostilities and those of persons not
nationals of the country in which they have died as a result of hostilities
shall be respected, and the gravesites of all such persons shall be respected,
maintained and marked as provided for in Article 130 of the Fourth Convention,
where their remains or gravesites would not receive more favourable
consideration under the Conventions and this Protocol.
2. As soon as
circumstances and the relations between the adverse Parties permit, the High
Contracting Parties in whose territories graves and, as the case may be, other
locations of the remains of persons who have died as a result of hostilities or
during occupation or in detention are situated, shall conclude agreements in
order:
(a) To facilitate
access to the gravesites by relatives of the deceased and by representatives of
official graves registration services and to regulate the practical
arrangements for such access;
(b) To protect and
maintain such gravesites permanently;
(c) To facilitate the
return of the remains of the deceased and of personal effects to the home
country upon its request or, unless that country objects, upon the request of
the next of kin.
3. In the absence of
the agreements provided for in paragraph 2 (b) or (c) and if the home country
of such deceased is not willing to arrange at its expense for the maintenance
of such gravesites, the High Contracting Party in whose territory the
gravesites are situated may offer to facilitate the return of the remains of
the deceased to the home country. Where such an offer has not been accepted the
High Contracting Party may, after the expiry of five years from the date of the
offer and upon due notice to the home country, adopt the arrangements laid down
in its own laws relating to cemeteries and graves.
4. A High Contracting
Party in whose territory the gravesites referred to in this Article are
situated shall be permitted to exhume the remains only:
(a) In accordance
with paragraphs 2 (c) and 3; or
(b) Where exhumation
is a matter of overriding public necessity, including cases of medical and
investigative necessity, in which case the High Contracting Party shall at all
times respect the remains, and shall give notice to the home country of its
intention to exhume the remains together with details of the intended place of
reinterment.
METHODS
AND MEANS OF WARFARE
COMBATANT AND PRISONER-OF-WAR
STATUS
SECTION I.-METHODS
AND MEANS OF WARFARE
1.
In any armed conflict, the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited.
2. It is prohibited
to employ weapons, projectiles and material and methods of warfare of a nature
to cause superfluous injury or unnecessary suffering.
3. It is prohibited
to employ methods or means of warfare which are intended, or may be expected,
to cause widespread, long-term and severe damage to the natural environment.
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.
1.
It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts
inviting the confidence of an adversary to lead him to believe that he is
entitled to, or is obliged to accord, protection under the rules of
international law applicable in armed conflict, with intent to betray that
confidence, shall constitute perfidy. The following acts are examples of
perfidy:
(a) The feigning of
an intent to negotiate under a flag of truce or of a surrender;
(b) The feigning of
an incapacitation by wounds or sickness;
(c) The feigning of
civilian, non-combatant status; and
(d) The feigning of
protected status by the use of signs, emblems or uniforms of the United Nations
or of neutral or other States not Parties to the conflict.
2. Ruses of war are
not prohibited. Such ruses are acts which are intended to mislead an adversary
or to induce him to act recklessly but which infringe no rule of international
law applicable in armed conflict and which are not perfidious because they do
not invite the confidence of an adversary with respect to protection under that
law. The following are examples of such ruses: the use of camouflage, decoys,
mock operations and misinformation.
1.
It is prohibited to make improper use of the distinctive emblem of the red
cross, red crescent or red lion and sun or of other emblems, signs or signals
provided for by the Conventions or by this Protocol. It is also prohibited to
misuse deliberately in an armed conflict other internationally recognized
protective emblems, signs or signals, including the flag of truce, and the protective
emblem of cultural property.
2. It is prohibited
to make use of the distinctive emblem of the United Nations, except as
authorized by that Organization.
1.
It is prohibited to make use in an armed conflict of the flags or military
emblems, insignia or uniforms of neutral or other States not Parties to the
conflict.
2. It is prohibited
to make use of the flags or military emblems, insignia or uniforms of adverse
Parties while engaging in attacks or in order to shield, favour, protect or
impede military operations.
3. Nothing in this
Article or in Article 37, paragraph 1 (d), shall affect the existing generally
recognized rules of international law applicable to espionage or to the use of
flags in the conduct of armed conflict at sea.
It
is prohibited to order that there shall be no survivors, to threaten an
adversary therewith or to conduct hostilities on this basis.
1.
A person who is recognized or who, in the circumstances, should be recognized
to be hors de combat shall not be made the object of attack.
2. A person is hors
de combat if:
(a) He is in the
power of an adverse Party;
(b) He clearly
expresses an intention to surrender; or
(c) He has been
rendered unconscious or is otherwise incapacitated by wounds or sickness, and
therefore is incapable of defending himself; provided that in any of these
cases he abstains from any hostile act and does not attempt to escape.
3. When persons entitled
to protection as prisons 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 m, Section I, of the Third Convention, they shall be released and
all feasible precautions shall be taken to ensure their safety.
1.
No person parachuting from an aircraft in distress shall be made the object of
attack during his descent.
2. Upon reaching the
ground in territory controlled by an adverse Party, a person who has parachuted
from an aircraft in distress shall be given an opportunity to surrender before
being made the object of attack, unless it is apparent that he is engaging in a
hostile act.
3. Airborne troops
are not protected by this Article.
SECTION.-COMBATANT
AND PRISONER-OF-WAR STATUS
1.
The armed forces of a Party to a conflict consist of all organized armed
forces, groups and units which are under a command responsible to that Party
for the conduct of its subordinates, even if that Party is represented by a
government or an authority not recognized by an adverse Party. Such armed
forces shall be subject to an internal disciplinary system which, inter alia,
shall enforce compliance with the rules of international law applicable in
armed conflict.
2. Members of the
armed forces of a Party to a conflict (other than medical personnel and
chaplains covered by Article 33 of the Third Convention) are combatants, that
is to say, they have the right to participate directly in hostilities.
3. Whenever a Party
to a conflict incorporates a paramilitary or armed law enforcement agency into
its armed forces it shall so notify the other Parties to the conflict.
1.
Any combatant, as defined in Article 43, who falls into the power of an adverse
Party shall be a prisoner of war.
2. While all
combatants are obliged to comply with the rules of international law applicable
in armed conflict, violations of these rules shall not deprive a combatant of
his right to be a combatant or, if he falls into the power of an adverse Party,
of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.
3. In order to
promote the protection of the civilian population from the effects of
hostilities, combatants are obliged to distinguish themselves from the civilian
population while they are engaged in an attack or in a military operation
preparatory to an attack. Recognizing, however, that there are situations in
armed conflicts where, owing to the nature of the hostilities an armed
combatant cannot so distinguish himself, he shall retain his status as a
combatant, provided that, in such situations, he carries his arms openly:
(a) During each
military engagement, and
(b) During such time
as he is visible to the adversary while he is engaged in a military deployment
preceding the launching of an attack in which he is to participate.
Acts which comply
with the requirements of this paragraph shall not be considered as perfidious
within the meaning of Article 37, paragraph 1 (c).
4. A combatant who
falls into the power of an adverse Party while failing to meet the requirements
set forth in the second sentence of paragraph 3 shall forfeit his right to be a
prisoner of war, but he shall, nevertheless, be given protections equivalent in
all respects to those accorded to prisoners of war by the Third Convention and
by this Protocol. This protection includes protections equivalent to those
accorded to prisoners of war by the Third Convention in the case where such a
person is tried and punished for any offences he has committed.
5. Any combatant who
falls into the power of an adverse Party while not engaged in an attack or in a
military operation preparatory to an attack shall not forfeit his rights to be
a combatant and a prisoner of war by virtue of his prior activities.
6. This Article is
without prejudice to the right of any person to be a prisoner of war pursuant
to Article 4 of the Third Convention.
7. This Article is not
intended to change the generally accepted practice of States with respect to
the wearing of the uniform by combatants assigned to the regular, uniformed
armed units of a Party to the conflict.
8. In addition to the
categories of persons mentioned in Article 13 of the First and Second
Conventions, all members of the armed forces of a Party to the conflict, as
defined in Article 43 of this Protocol, shall be entitled to protection under
those Conventions if they are wounded or sick or, in the case of the Second
Convention, shipwrecked at sea or in other waters.
1.
A person who takes part in hostilities and falls into the power of an adverse
Party shall be presumed to be a prisoner of war, and therefore shall be
protected by the Third Convention, if he claims the status of prisoner of war,
or if he appears to be entitled to such status, or if the Party on which he
depends claims such status on his behalf by notification to the detaining Power
or to the Protecting Power. Should any doubt arise as to whether any such
person is entitled to the status of prisoner of war, he shall continue to have
such status and, therefore, to be protected by the Third Convention and this
Protocol until such time as his status has been determined by a competent
tribunal.
2. If a person who
has fallen into the power of an adverse Party is not held as a prisoner of war
and is to be tried by that Party for an offence arising out of the hostilities,
he shall have the right to assert his entitlement to prisoner-of-war status
before a judicial tribunal and to have that question adjudicated. Whenever
possible under the applicable procedure, this adjudication shall occur before
the trial for the offence. The representatives of the Protecting Power shall be
entitled to attend the proceedings in which that question is adjudicated,
unless, exceptionally, the proceedings are held in camera in the interest of
State security. In such a case the detaining Power shall advise the Protecting
Power accordingly.
3. Any person who has
taken part in hostilities, who is not entitled to prisoner-of-war status and
who does not benefit from more favourable treatment in accordance with the
Fourth Convention shall have the right at all times to the protection of
Article 75 of this Protocol. In occupied territory, an 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.
1.
Notwithstanding any other provision of the Conventions or of this Protocol, any
member of the armed forces of a Party to the conflict who falls into the power
of an adverse Party while engaging in espionage shall not have the right to the
status of prisoner of war and may be treated as a spy.
2. A member of the
armed forces of a Party to the conflict who, on behalf of that Party and in
territory controlled by an adverse Party, gathers or attempts to gather
information shall not be considered as engaging in espionage if, while so
acting, he is in the uniform of his armed forces.
3. A member of the
armed forces of a Party to the conflict who is a resident of territory occupied
by an adverse Party and who, on behalf of the Party on which he depends,
gathers or attempts to gather information of military value within that
territory shall not be considered as engaging in espionage unless he does so
through an act of false pretences or deliberately in a clandestine manner.
Moreover, such a resident shall not lose his right to the status of prisoner of
war and may not be treated as a spy unless he is captured while engaging in
espionage.
4. A member of the
armed forces of a Patty 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.
1.
A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any
person who:
(a) Is specially
recruited locally or abroad in order to fight in an armed conflict;
(b) Does, in fact,
take a direct part in the hostilities;
(c) Is motivated to
take part in the hostilities essentially by the desire for private gain and, in
fact, is promised, by or on behalf of a Party to the conflict, material
compensation substantially in excess of that promised or paid to combatants of
similar ranks and functions in the armed forces of that Party;
(d) Is neither a
national of a Party to the conflict nor a resident of territory controlled by a
Party to the conflict;
(e) Is not a member
of the armed forces of a Party to the conflict; and
(f) Has not been sent
by a State which is not a Party to the conflict on official duty as a member of
its armed forces.
CIVILIAN
POPULATION
SECTION I.-GENERAL
PROTECTION AGAINST EFFECTS OF HOSTILITIES
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.
1.
"Attacks" means acts of violence against the adversary, whether in offence
or in defence.
2. The provisions of
this Protocol with respect to attacks apply to all attacks in whatever
territory conducted, including the national territory belonging to a Party to
the conflict but under the control of an adverse Party.
3. The provisions of
this Section apply to any land, air or sea warfare which may affect the
civilian population, individual civilians or civilian objects on land. They
further apply to all attacks from the sea or from the air against objectives on
land but do not otherwise affect the rules of international law applicable in
armed conflict at sea or in the air.
4. The provisions of
this Section are additional to the rules concerning humanitarian protection
contained in the Fourth Convention, particularly in Part II thereof, and in
other international agreements binding upon the High Contracting Parties, as
well as to other rules of international law relating to the protection of
civilians and civilian objects on land, at sea or in the air against the
effects of hostilities.
1.
A civilian is any person who does not belong to one of the categories of
persons referred to in Article 4 A (1), (2), (3) and (6) of the Third
Convention and in Article 43 of this Protocol. In case of doubt whether a
person is a civilian, that person shall be considered to be a civilian.
2. The civilian
population comprises all persons who are civilians.
3. The presence
within the civilian population of individuals who do not come within the
definition of civilians does not deprive the population of its civilian
character.
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 circumstances.
2. The civilian
population as such, as well as individual civilians, shall not be the object of
attack. Acts or threats of violence the primary purpose of which is to spread
terror among the civilian population are prohibited.
3. Civilians shall
enjoy the protection afforded by this Section, unless and for such time as they
take a direct part in hostilities.
4. Indiscriminate
attacks are prohibited. Indiscriminate attacks are:
(a) Those which are
not directed at a specific military objective;
(b) Those which
employ a method or means of combat which cannot be directed at a specific
military objective; or
(c) Those which
employ a method or means of combat the effects of which cannot be limited as
required by this Protocol; and consequently, in each such case, are of a nature
to strike military objectives and civilians or civilian objects without
distinction.
5. Among others, the
following types of attacks are to be considered as indiscriminate:
(a) An attack by
bombardment by any methods or means which treats as a single military objective
a number of clearly separated and distinct military objectives located in a
city, town, village or other area containing a similar concentration of
civilians or civilian objects; and
(b) An attack which
may be expected to cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which would be excessive
in relation to the concrete and direct military advantage anticipated.
6. Attacks against
the civilian population or civilians by way of reprisals are prohibited.
7. The presence or
movements of the civilian population or individual civilians shall not be used
to render certain points or areas immune from military operations, in
particular in attempts to shield military objectives from attacks or to shield,
favour or impede military operations. The Parties to the conflict shall not
direct the movement of the civilian population or individual civilians in order
to attempt to shield military objectives from attacks or to shield military
operations.
8. Any violation of
these prohibitions shall not release the Parties to the conflict from their
legal obligations with respect to the civilian population and civilians,
including the obligation to take the precautionary measures provided for in
Article 57.
1.
Civilian objects shall not be the object of attack or of reprisals. Civilian
objects are all objects which are not military objectives as defined in
paragraph 2.
2. Attacks shall be
limited strictly to military objectives. In so far as objects are concerned,
military objectives are limited to those objects which by their nature,
location, purpose or use make an effective contribution to military action and
whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military of advantage.
3. In case of doubt
whether an object which is normally dedicated to civilian purposes, such as a
place of worship, a house or other dwelling or a school, is being used to make
an effective contribution to military action, it shall be presumed not to be so
used.
Without
prejudice to the provisions of the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other
relevant international instruments, it is prohibited:
(a) To commit any
acts of hostility directed against the historic monuments, works of art or
places of worship which constitute the cultural or spiritual heritage of
peoples;
(b) To use such
objects in support of the military effort;
(c) To make such
objects the object of reprisals.
1.
Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited
to attack, destroy, remove or render useless objects indispensable to the
survival of the civilian population, such as foodstuffs, agricultural areas for
the production of foodstuffs, crops, livestock, drinking water installations
and supplies and irrigation works, for the specific purpose of denying them for
their sustenance value to the civilian population or to the adverse Party,
whatever the motive, whether in order to starve out civilians, to cause them to
move away, or for any other motive.
3. The prohibitions
in paragraph 2 shall not apply to such of the objects covered by it as are used
by an adverse Party:
(a) As sustenance
solely for the members of its armed forces; or
(b) If not as
sustenance, then in direct support of military action, provided, however, that
in no event shall actions against these objects be taken which may be expected
to leave the civilian population with such inadequate food or water as to cause
its starvation or force its movement.
4. These objects
shall not be made the object of reprisals.
5. In recognition of
the vital requirements of any Party to the conflict in the defence of its
national territory against invasion, derogation from the prohibitions contained
in paragraph 2 may be made by a Party to the conflict within such territory
under its own control where required by imperative military necessity.
1.
Care shall be taken in warfare to protect the natural environment against
widespread, long-term and severe damage. This protection includes a prohibition
of the use of methods or means of warfare which are intended or may be expected
to cause such damage to the natural environment and thereby to prejudice the
health or survival of the population.
2. Attacks against
the natural environment by way of reprisals are prohibited.
1.
Works or installations containing dangerous forces, namely dams, dykes and
nuclear electrical generating stations, shall not be made the object of attack,
even where these objects are military objectives, if such attack may cause the
release of dangerous forces and consequent severe losses among the civilian
population. Other military objectives located at or in the vicinity of these
works or installations shall not be made the object of attack if such attack may
cause the release of dangerous forces from the works or installations and
consequent severe losses among the civilian population.
2. The special
protection against attack provided by paragraph 1 shall cease:
(a) For a dam or a
dyke only if it is used for other than its normal function and in regular,
significant and direct support of military operations and if such attack is the
only feasible way to terminate such support;
(b) For a nuclear
electrical generating station only if it provides electric power in regular,
significant and direct support of military operations and if such attack is the
only feasible way to terminate such support;
(c) For other
military objectives located at or in the vicinity of these works or
installations only if they are used in regular, significant and direct support
of military operations and if such attack is the only feasible way to terminate
such support.
3. In all cases, the
civilian population and individual civilians shall remain entitled to all the
protection accorded them by international law, including the protection of the
precautionary measures provided for in Article 57. If the protection ceases and
any of the works, installations or military objectives mentioned in paragraph I
is attacked, all practical precautions shall be taken to avoid the release of
the dangerous forces.
4. It is prohibited
to make any of the works, installations or military objectives mentioned in
paragraph 1 the object of reprisals.
5. The Parties to the
conflict shall endeavour to avoid locating any military objectives in the
vicinity of the works or installations mentioned in paragraph 1. Nevertheless,
installations erected for the sole purpose of defending the protected works or
installations from attack are permissible and shall not themselves be made the
object of attack, provided that they are not used in hostilities except for
defensive actions necessary to respond to attacks against the protected works
or installations and that their armament is limited to weapons capable only of
repelling hostile action against the protected works or installations.
6. The High
Contracting Parties and the Parties to the conflict are urged to conclude
further agreements among themselves to provide additional protection for
objects containing dangerous forces.
7. In order to
facilitate the identification of the objects protected by this article, the
Parties to the conflict may mark them with a special sign consisting of a group
of three bright orange circles placed on the same axis, as specified in Article
16 of Annex I to this Protocol. The absence of such marking in no way relieves
any Party to the conflict of its obligations under this Article.
1.
In the conduct of military operations, constant care shall be taken to spare
the civilian population, civilians and civilian objects.
2. With respect to
attacks, the following precautions shall be taken:
(a) Those who plan or
decide upon an attack shall:
(i) Do everything
feasible to verify that the objectives to be attacked are neither civilians nor
civilian objects and are not subject to special protection but are military
objectives within the meaning of paragraph 2 of Article 52 and that it is not
prohibited by the provisions of this Protocol to attack them;
(ii) Take all
feasible precautions in the choice of means and methods of attack with a view
to avoiding, and in any event to minimizing, incidental loss of civilian life,
injury to civilians and damage to civilian objects;
(iii) Refrain from
deciding to launch any attack which may be expected to cause incidental loss of
civilian life, injury to civilians, damage to civilian objects, or a
combination thereof, which would be excessive in relation to the concrete and
direct military advantage anticipated;
(b) An attack shall
be cancelled or suspended if it becomes apparent that the objective is not a
military one or is subject to special protection or that the attack may be
expected to cause incidental loss of civilian life, injury to civilians, damage
to civilian objects, or a combination thereof, which would be excessive in
relation to the concrete and direct military advantage anticipated;
(c) Effective advance
warning shall be given of attacks which may affect the civilian population,
unless circumstances do not permit.
3. When a choice is
possible between several military objectives for obtaining a similar military
advantage, the objective to be selected shall be that the attack on which may
be expected to cause the least danger to civilian lives and to civilian
objects.
4. In the conduct of
military operations at sea or in the air, each Party to the conflict shall, in
conformity with its rights and duties under the rules of international law
applicable in armed conflict, take all reasonable precautions to avoid losses
of civilian lives and damage to civilian objects.
5. No provision of
this Article may be construed as authorizing any attacks against the civilian
population, civilians or civilian objects.
The
Parties to the conflict shall, to the maximum extent feasible:
(a) Without prejudice
to Article 49 of the Fourth Convention, endeavour to remove the civilian
population, individual civilians and civilian objects under their control from
the vicinity of military objectives;
(b) Avoid locating
military objectives within or near densely populated areas;
(c) Take the other
necessary precautions to protect the civilian population, individual civilians
and civilian objects under their control against the dangers resulting from
military operations.
1.
It is prohibited for the Parties to the conflict to attack, by any means
whatsoever, non-defended localities.
2. The appropriate
authorities of a Party to the conflict may declare as a non-defended locality
any inhabited place near or in a zone where armed forces are in contact which
is open for occupation by an adverse Party. Such a locality shall fulfil the
following conditions:
(a) All combatants,
as well as mobile weapons and mobile military equipment must have been
evacuated;
(b) No hostile use
shall be made of fixed military installations or establishments;
(c) No acts of
hostility shall be committed by the authorities or by the population; and
(d) No activities in
support of military operations shall be undertaken.
3. The presence, in
this locality, of persons specially protected under the Conventions and this
Protocol, and of police forces retained for the sole purpose of maintaining law
and order, is not contrary to the conditions laid down in paragraph 2.
4. The declaration
made under paragraph 2 shall be addressed to the adverse Party and shall define
and describe, as precisely as possible, the limits of the non-defended
locality. The Party to the conflict to which the declaration is addressed shall
acknowledge its receipt and shall treat the locality as a non-defended locality
unless the conditions laid down in paragraph 2 are not in fact fulfilled, in
which event it shall immediately so inform the Party making the declaration.
Even if the conditions laid down in paragraph 2 are not fulfilled, the locality
shall continue to enjoy the protection provided by the other provisions of this
Protocol and the other rules of international law applicable in armed conflict.
5. The Parties to the
conflict may agree on the establishment of non- defended localities even if such
localities do not fulfil the conditions laid down in paragraph 2. The agreement
should define and describe, as precisely as possible, the limits of the
non-defended locality; if necessary, it may lay down the methods of
supervision.
6. The Party which is
in control of a locality governed by such an agreement shall mark it, so far as
possible, by such signs as may be agreed upon with the other Party, which shall
be displayed where they are clearly visible, especially on its perimeter and
limits and on highways.
7. A locality loses
its status as a non-defended locality when 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.
1.
It is prohibited for the Parties to the conflict to extend their military
operations to zones on which they have conferred by agreement the status of
demilitarized zone, if such extension is contrary to the terms of this
agreement.
2. The agreement
shall be an express agreement, may be concluded verbally or in writing, either
directly or through a Protecting Power or any impartial humanitarian
organization, and may consist of reciprocal and concordant declarations. The
agreement may be concluded in peacetime, as well as after the outbreak of
hostilities, and should define and describe, as precisely as possible, the
limits of the demilitarized zone and, if necessary, lay down the methods of
supervision.
3. The subject of
such an agreement shall normally be any zone which fulfils the following
conditions:
(a) All combatants,
as well as mobile weapons and mobile military equipment, must have been
evacuated;
(b) No hostile use
shall be made of fixed military installations or establishments;
(c) No acts of
hostility shall be committed by the authorities or by the population; and
(d) Any activity
linked to the military effort must have ceased.
The Parties to the
conflict shall agree upon the interpretation to be given to the condition laid
down in sub-paragraph (d) and upon persons to be admitted to the demilitarized
zone other than those mentioned in paragraph 4.
4. The presence, in
this zone, of persons specially protected under the Conventions and this
Protocol, and of police forces retained for the sole purpose of maintaining law
and order, is not contrary to the conditions laid down in paragraph 3.
5. The Party which is
in control of such a zone shall mark it, so far as possible, by such signs as
may be agreed upon with the other Party, which shall be displayed where they
are clearly visible, especially on its perimeter and limits and on highways.
6. If the fighting
draws near to a demilitarized zone, and if the Parties to the conflict have so
agreed, none of them may use the zone for purposes related to the conduct of
military operations or unilaterally revoke its status.
7. If one of the
Parties to the conflict commits a material breach of the provisions of
paragraphs 3 or 6, the other Party shall be released from its obligations under
the agreement conferring upon the zone the status of demilitarized zone. In
such an eventuality, the zone loses its status but shall continue to enjoy the
protection provided by the other provisions of this Protocol and the other
rules of international law applicable in armed conflict.
For
the purposes of this Protocol:
(a) ''Civil
defence" means the performance of some or all of the undermentioned
humanitarian tasks intended to protect the civilian population against the
dangers, and to help it to recover from the immediate effects, of hostilities
or disasters and also to provide the conditions necessary for its survival.
These tasks are:
(i) Warning; (ii)
Evacuation;
(iii) Management of
shelters;
(iv) Management of
blackout measures;
(v) Rescue;
(vi) Medical
services, including first aid, and religious assistance;
(vii) Fire-fighting;
(viii) Detection and
marking of danger areas;