Protocol I

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Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. [1] It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War.

In international politics, protocol is the etiquette of diplomacy and affairs of state. It may also refer to an international agreement that supplements or amends a treaty.

Geneva Conventions Treaties establishing humanitarian laws of war

The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–45), which updated the terms of the two 1929 treaties, and added two new conventions. The Geneva Conventions extensively defined the basic rights of wartime prisoners, established protections for the wounded and sick, and established protections for the civilians in and around a war-zone. The treaties of 1949 were ratified, in whole or with reservations, by 196 countries. Moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants, yet, because the Geneva Conventions are about people in war, the articles do not address warfare proper—the use of weapons of war—which is the subject of the Hague Conventions, and the bio-chemical warfare Geneva Protocol.

Contents

As of June 2013, it had been ratified by 174 states, [2] with the United States, Israel, Iran, Pakistan, India, and Turkey being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it.

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

Israel country in the Middle East

Israel, officially the State of Israel, is a country in Western Asia, located on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea. It has land borders with Lebanon to the north, Syria to the northeast, Jordan on the east, the Palestinian territories of the West Bank and Gaza Strip to the east and west, respectively, and Egypt to the southwest. The country contains geographically diverse features within its relatively small area. Israel's economic and technological center is Tel Aviv, while its seat of government and proclaimed capital is Jerusalem, although the state's sovereignty over Jerusalem has only partial recognition.

Iran Country in Western Asia

Iran, also called Persia, and officially the Islamic Republic of Iran, is a country in Western Asia. With over 81 million inhabitants, Iran is the world's 18th most populous country. Comprising a land area of 1,648,195 km2 (636,372 sq mi), it is the second largest country in the Middle East and the 17th largest in the world. Iran is bordered to the northwest by Armenia and the Republic of Azerbaijan, to the north by the Caspian Sea, to the northeast by Turkmenistan, to the east by Afghanistan and Pakistan, to the south by the Persian Gulf and the Gulf of Oman, and to the west by Turkey and Iraq. The country's central location in Eurasia and Western Asia, and its proximity to the Strait of Hormuz, give it geostrategic importance. Tehran is the country's capital and largest city, as well as its leading economic and cultural center.

Summary of provisions

Protocol I is an extensive document, containing 102 articles. The following is a basic overview of the protocol. [3] For a comprehensive listing of all provisions, consult the text [4] and the commentary. [5] In general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the following additional protections are added.

Attacks on parachutists, as defined by the law of war, is when pilots, aircrews, and passengers are attacked while descending by parachute from disabled aircraft during wartime. This practice is considered by most militaries around the world to be inhumane, barbaric, and unchivalrous, that it is unnecessary killing, and that it is contrary to fair play. Attacking parachutists from aircraft in distress is a war crime under the Protocol I addition to the 1949 Geneva Conventions. Firing on airborne forces who are descending by parachute is not prohibited.

Surrender (military) cessation of fighting by the losing party

Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully, without fighting, or it may be the result of defeat in battle. A sovereign state may surrender following defeat in a war, usually by signing a peace treaty or capitulation agreement. A battlefield surrender, either by individuals or when ordered by officers, normally results in those surrendering becoming prisoners of war.

Total war conflict in which belligerents engage with all available resources

Total war is warfare that includes any and all civilian-associated resources and infrastructure as legitimate military targets, mobilizes all of the resources of society to fight the war, and gives priority to warfare over non-combatant needs. The Oxford Living Dictionaries defines "total war" as "A war that is unrestricted in terms of the weapons used, the territory or combatants involved, or the objectives pursued, especially one in which the laws of war are disregarded."

See also

Command responsibility

Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the legal doctrine of hierarchical accountability for war crimes.

First Geneva Convention treaty

The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." After the first treaty was adopted in 1864, it was significantly revised and replaced in 1906, 1929, and finally 1949. It is inextricably linked to the International Committee of the Red Cross, which is both the instigator for the inception and enforcer of the articles in these conventions.

Targeted killing form of assassination carried by governments against their perceived enemies

Targeted killing is defined as a form of assassination carried by governments against their perceived enemies. Analysts believe it to be a modern euphemism for the assassination of an individual by a state organization or institution outside a judicial procedure or a battlefield.

Related Research Articles

War crime Serious violation of the laws of war

A war crime is an act that constitutes a serious violation of the laws of war that gives rise to individual criminal responsibility. Examples of war crimes include intentionally killing civilians or prisoners, torturing, destroying civilian property, taking hostages, performing a perfidy, raping, using child soldiers, pillaging, declaring that no quarter will be given, and seriously violating the principles of distinction and proportionality, such as strategic bombing of civilian populations.

Fourth Geneva Convention One of the treaties of the Geneva Convention

The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.

Civilian casualties civilians killed, injured, or imprisoned by non-civilians

Civilian casualties occurs in a general sense, when civilians are killed or injured by non-civilians, mostly law enforcement officers, military personnel, or criminals such as terrorists and bank robbers. Under the law of war, it is referred to civilians who perished or suffered wounds as a result of wartime acts. In both cases, they can be associated with the outcome of any form of action regardless of whether civilians were targeted directly or not.

In general, a civilian is "a person who is not a member of the military or of a police or firefighting force". The definition distinguishes from persons whose duties involves risking their lives to protect the public at large from hazardous situations such as terrorism, riots, conflagrations, or wars. It also does not include "criminals" in the category, as authorities and the media wants to distinguish between those who are law-abiding and those who are not.

Unlawful combatant person who directly engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war or is fighting outside of internationally recognized military forces. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action, subject to international treaties on justice and human rights.

Law of war International law concerning acceptable conditions for wars

The law of war refers to the component of international law that regulates the conditions for war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.

Combatant is the legal status of an individual who has the right to engage in hostilities during an international armed conflict. The legal definition of "combatant" is found at article 43 of Additional Protocol One to the Geneva Conventions of 1949 [AP1]. It states that "Members of the armed forces of a Party to a conflict are combatants, that is to say, they have the right to participate directly in hostilities."

Non-combatant is a term of art in the law of war and international humanitarian law, describing civilians who are not taking a direct part in hostilities; persons—such as combat medics and military chaplains—who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

Third Geneva Convention

The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention.

International humanitarian law (IHL) is the law that regulates the conduct of war. It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants.

Additional Protocol II 1977 amendment protocol to the Geneva Conventions

Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments.

Protocol III

Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross, or Red Crescent symbols. People displaying any of these protective emblems are performing a humanitarian service and must be protected by all parties to the conflict.

Protective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law (IHL). While their essential meaning can be summarized as "Don't shoot" or "Don't attack", the exact conditions implied vary depending on the respective sign and the circumstances of its use. The form, shape and color of these signs are defined by the rules of IHL. Usually, they are easy to draw in order to make even an improvised use as easy as possible, and they were chosen to be as concise, recognizable and visible as possible under all circumstances.

Martens Clause

The Martens Clause was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land. The clause took its name from a declaration read by Friedrich Martens, the delegate of Russia at the Hague Peace Conferences of 1899. It reads as follows:

Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience.

The United Nations Mercenary Convention, officially the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, is a 2001 United Nations treaty that prohibits the recruitment, training, use, and financing of mercenaries. At the 72nd plenary meeting on 4 December 1989, the United Nations General Assembly concluded the convention as its resolution 44/34. The convention entered into force on 20 October 2001 and has been ratified by 35 states.

The Rule of Law in Armed Conflicts Project is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict.

Jean Simon Pictet was a Swiss citizen, jurist, legal practitioner working in international humanitarian law. First as a secretary-jurist, and then as a senior executive and Vice-President of the International Committee of the Red Cross (ICRC), Pictet was instrumental in drafting the 1949 Geneva Conventions for the protection of victims of war, their Commentaries, and negotiating the 1977 Additional Protocols. He also proposed the Red Cross Movement’s seven Fundamental Principles, which were adopted at Vienna in 1965: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality. In 1989, an international humanitarian law competition for students was founded and named after him.

Protected persons

Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.

References

  1. 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, ICRC; International Committee of the Red Cross
  2. "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". International Committee of the Red Cross.
  3. "A Summary of the Geneva Conventions and Additional Protocols" (PDF). The American National Red Cross.
  4. "Protocol Additional to the Geneva Conventions of 1 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". The American National Red Cross.
  5. 1 2 3 "Commentary on the Additional Protocols to the Geneva Conventions" (PDF). International Committee of the Red Cross.
  6. "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". International Committee of the Red Cross . Retrieved 22 July 2013.
International Committee of the Red Cross humanitarian institution

The International Committee of the Red Cross (ICRC) is a humanitarian institution based in Geneva, Switzerland, and a three-time Nobel Prize Laureate. State parties (signatories) to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005 have given the ICRC a mandate to protect victims of international and internal armed conflicts. Such victims include war wounded, prisoners, refugees, civilians, and other non-combatants.

International Standard Book Number Unique numeric book identifier

The International Standard Book Number (ISBN) is a numeric commercial book identifier which is intended to be unique. Publishers purchase ISBNs from an affiliate of the International ISBN Agency.