Protocol I to the Geneva Conventions

"Geneva Protocol I" redirects here. For the chemical and nuclear weapons protocol, see Geneva Protocol. For other topics, see Geneva Protocol (disambiguation).

For other uses, see Protocol 1 (disambiguation).

Geneva Conventions Protocol I

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
Type	Protocol
Drafted	20 February 1974 – 8 June 1977
Signed	8 June 1977 (1977-06-08)
Location	Geneva
Effective	7 December 1978 (1978-12-07)
Signatories	3 states [1]   Iran   Pakistan   United States
Parties	175 states [2]   Afghanistan   Albania   Algeria   Andorra   Angola   Antigua and Barbuda   Argentina   Armenia   Australia   Austria   Bahamas   Bahrain   Bangladesh   Barbados   Belarus   Belgium   Belize   Benin   Bolivia   Bosnia and Herzegovina   Botswana   Brazil   Brunei   Bulgaria   Burkina Faso   Burundi   Cape Verde   Cambodia   Cameroon   Canada   Central African Republic   Chad   Chile   China   Colombia   Comoros   Congo   Cook Islands   Costa Rica   Ivory Coast   Croatia   Cuba   Cyprus   Czech Republic   North Korea   DR Congo   Denmark   Djibouti   Dominica   Dominican Republic   Ecuador   Egypt   El Salvador   Equatorial Guinea   Estonia   Eswatini   Ethiopia   Fiji   Finland   France   Gabon   Gambia   Georgia   Germany   Ghana   Greece   Grenada   Guatemala   Guinea   Guinea-Bissau   Guyana   Haiti   Holy See   Honduras   Hungary   Iceland   Iraq   Ireland   Italy   Jamaica   Japan   Jordan   Kazakhstan   Kenya   Kuwait   Kyrgyzstan   Laos   Latvia   Lebanon   Lesotho   Liberia   Libya   Liechtenstein   Lithuania   Luxembourg   Madagascar   Malawi   Maldives   Mali   Malta   Mauritania   Mauritius   Mexico   Micronesia   Monaco   Mongolia   Montenegro   Morocco   Mozambique   Namibia   Nauru   Netherlands   New Zealand   Nicaragua   Niger   Nigeria   North Macedonia   Norway   Oman   Palau   Palestine   Panama   Paraguay   Peru   Philippines   Poland   Portugal   Qatar   South Korea   Moldova   Romania   Russia   Rwanda   Saint Kitts and Nevis   Saint Lucia   Saint Vincent and the Grenadines   Samoa   San Marino   São Tomé and Príncipe   Saudi Arabia   Senegal   Serbia   Seychelles   Sierra Leone   Slovakia   Slovenia   Solomon Islands   South Africa   South Sudan   Spain   Sudan   Suriname   Sweden    Switzerland   Syria   Tajikistan   Timor-Leste   Togo   Tonga   Trinidad and Tobago   Tunisia   Turkmenistan   Uganda   Ukraine   United Arab Emirates   United Kingdom   Tanzania   Uruguay   Uzbekistan   Vanuatu   Venezuela   Vietnam   Yemen   Zambia   Zimbabwe
Depositary	Swiss Federal Council
Languages	English Arabic Chinese Spanish French Russian
Full text
Geneva Convention/Protocol I at Wikisource

Protocol I (also Additional Protocol I or AP I) ^[3] is a 1977 amendment protocol to the 1949 Geneva Conventions concerning the protection of civilian victims of international war, including "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes." ^[4] In practice, the Additional Protocol I updated and reaffirmed the international laws of war stipulated in the 1949 Geneva Conventions to accommodate developments of warfare since the World War II (1939–1945).

Summary of provisions

Additional Protocol I contains 102 articles. The following is a basic overview of the protocol. ^[5] In general, the protocol reaffirms the provisions of the original four 1949 Geneva Conventions. However, the following additional protections are added:

• Article 1 states that the convention applies in "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."
• Article 15 states that civilian medical and religious personnel shall be respected and protected. This includes that Parties shall give all available help to civilian medical personnel.
• Articles 17 and 81 authorize the International Committee of the Red Cross, national societies, or other impartial humanitarian organizations to provide assistance to the victims of war.
• Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that “cause widespread, long-term, and severe damage to the natural environment."
• Article 37 prohibits perfidy (false declaration of truce). It identifies four types of perfidy and differentiates ruses of war from perfidy.
• Article 40 prohibits no quarter, i.e., to order that there shall be no survivors, to threaten as such, or to conduct hostilities on that basis.
• Article 42 outlaws attacks on pilots and aircrews who are parachuting from an aircraft in distress. Once they land in territory controlled by an adverse party, they must be given an opportunity to surrender before being attacked, unless it is apparent that they are engaging in a hostile act. Airborne troops, whether in distress or not, are not given the protection afforded by this article and may therefore be attacked during their descent.
• Article 43 deals with the identification of armed forces that are party to a conflict, and states that are combatants "shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict."
• Article 47(1) provides that mercenaries "shall not have the right to be a combatant or a prisoner of war."
• Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food sources, water, or other materials needed for survival. This includes directly attacking civilian (non-military) targets, but also using technologies whose scope of destruction cannot be limited. ^[6] A total war that does not distinguish between civilian and military targets is considered a war crime.
• Article 53 prohibits attacks on historic monuments, works of art, and places of worship.
• Article 56 covers attacks on "works and installations containing dangerous forces," such as dams, dykes, and nuclear electrical generating stations. These targets as well as other military targets in their vicinity may not be attacked if they threaten the release of dangerous forces.
• Articles 76, 77 and 78, which comprise Chapter II, provide special protections for women and children. In particular, the death penalty shall not be executed on children under 18-years-old, and shall be avoided on pregnant women and mothers having dependent infants. Furthermore, children under 15-years-old shall not be recruited into the armed forces, and Parties shall take all reasonable measures to prevent them from taking part in hostilities.
• Article 79 states that journalists shall be considered as civilians and given the same protections. Civilian war correspondents attached to armed forces who are captured shall have the same rights as prisoners of war, as outlined in the Third Geneva Convention. ^[5]
• Article 85(3f) prohibits the perfidious use of the red cross, red crescent, red lion and sun, or other protective signs recognized by the Geneva Conventions.
• Article 90 describes how international fact-finding commissions can be established in situations of serious violations of the Geneva Conventions.

Ratification status

As of June 2025, Additional Protocol I has been ratified by 175 states. ^[7] The United States, Iran, and Pakistan signed the agreement on 12 December 1977, but never ratified it. Israel, India, and Turkey have not signed the protocol.

Israel

Israel has not ratified the Additional Protocol I to the Geneva Conventions. According to legal scholar and human rights attorney Noura Erakat, this allows the Israeli government to recognize the Israeli-Palestinian conflict as ''neither a civil war ('non-international armed conflict’ or NIAC) nor a war against a liberation movement ('international armed conflict’ or IAC).'' ^[8] This way, force used by Palestinian factions can be deemed illegal and illegitimate. ^[8]

Russia

On 16 October 2019, President Vladimir Putin signed an executive order ^[9] and submitted a State Duma bill to revoke the statement accompanying Russia's ratification of the Additional Protocol I, accepting the competence of the Article 90(2) International Fact-Finding Commission. ^{[10] [11] [12]} The bill was supplied with the following warning: ^{[11] [12]}

Exceptional circumstances affect the interests of the Russian Federation and require urgent action. … In the current international environment, the risks of abuse of the commission's powers for political purposes by unscrupulous states who act in bad faith have increased significantly.

United States

The United States has not ratified the Additional Protocol I to the Geneva Conventions.

Article 1(4)

Article 1(4) of the Additional Protocol I states:

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.

Jan Arno Hessbruegge, who works at the New York Office of the United Nations High Commissioner for Human Rights, examined the three categories listed in his book Human Rights and Personal Self-defense in International Law: ^[13]

• “colonial domination" refers to far-away overseas colonies with clear geographical boundaries. It was not meant to apply to states conquering and annexing adjacent territories.
• “alien occupation" refers to "cases where the occupied territory did not yet form part of a state at the time of occupation but was occupied by a distinct group, such as the Palestinian people".
• “racist regimes" included countries that had institutionalized racism, not countries where the government merely practices racial discrimination. At the time the protocol was written, this mainly referred to South Africa and Rhodesia.

Legal scholar Waldemar A. Solf opined that Article 1(4) of the Additional Protocol was largely symbolic and gave party states "a plausible basis for denying its application to their situation," while the states which the article most applied to (e.g. Israel and apartheid-era South Africa), would not sign the agreement at all. ^[14]

The Reagan administration declared that Article 1(4) of the Additional Protocol I to the Geneva Conventions would "grant terrorists a psychological and legal victory," ^[15] as it appears to grant combatant status to non-state actors, many of which (such as the Palestine Liberation Organization), have been designated as terrorist groups by the United States and other countries. By contrast, an article in the International Review of the Red Cross argues that this article, in fact, strengthens the fight against terrorism, by applying the laws of war (including all its prohibitions and obligations) to national wars of liberation. By granting combatant status to non-state actors in wars of liberation, it too requires non-state actors to follow the strict prohibitions against acts of terror (Articles 13, 51(2), and etc.). ^[16]

Article 48

Article 48 of the Additional Protocol I states:

Basic Rule

In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.

Article 51

Article 51 of the Additional Protocol I states:

Protection of the Civilian Population

1. The civilian population and individual civilians shall enjoy general protections against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

1. The civilian population as such, as well as individual civilians, shall not be the object of attack.
2. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
3. 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; (c) Those which employ a method or means of combat [that] strike military objectives and civilians or civilian objects without distinction.
4. 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; … 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.

Article 52

Article 52 of the Additional Protocol I states:

General Protection of Civilian Objects

1. …
2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.

Article 57

Article 57 of the Additional Protocol I states:

Precautions in Attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken: (a) Those who plan or decide upon an attack shall: (i) Do everything feasible to verify that the objectives to be attacked are neither civilians or 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 minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects; (iii) Refrain from deciding to launch 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; ….

See also

• Geneva Conventions
• Third Geneva Convention, on the treatment of prisoners of war

• Fourth Geneva Convention, on the treatment of civilians during wartime
• Protocol II, a 1977 amendment adopted relating to the protection of victims of non-international armed conflicts
• Protocol III, a 2005 amendment adopted specifying the adoption of the Red Crystal emblem
• List of parties to the Geneva Conventions: includes a list of states that signed and a list of states that have ratified Protocol I
• Law of war, also known as international humanitarian law
• Distinction (law), the principle of distinction between combatants and civilians in armed conflict

References

1. "Treaties, States parties, and Commentaries - Signatory States - 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". ihl-databases.icrc.org. Retrieved 13 April 2022.
2. "Treaties, States parties, and Commentaries - States Parties - 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". ihl-databases.icrc.org. Retrieved 13 April 2022.
3. Cadwalader, George Jr. (2011). "The Rules Governing the Conduct of Hostilities in Additional Protocol I to the Geneva Conventions of 1949: A Review of Relevant United States References". Yearbook of International Humanitarian Law 2011 - Volume 14. Vol. 14. pp. 133–171. doi:10.1007/978-90-6704-855-2_5. ISBN   978-90-6704-854-5.
4. 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
5. "Protocol Additional to the Geneva Conventions (Protocol I) of 8 June 1977" (PDF). International Humanitarian Law Databases.
6. "Commentary on the Additional Protocols to the Geneva Conventions" (PDF). International Committee of the Red Cross.
7. "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.
8. Erakat, Noura (2019). Justice for some: law and the question of Palestine. Stanford, California: Stanford University Press. p. 179. ISBN   978-0-8047-9825-9.
9. "Указ Президента Российской Федерации от 16.10.2019 № 494" [Executive order by President of Russian Federation No. 494, 16 October 2019]. publication.pravo.gov.ru. Retrieved 10 March 2022.
10. "Putin Pulls Russia Out of Convention on War-Crime Probes". Bloomberg. 17 October 2019.
11. "Putin Seeks to Abandon Geneva Conventions' Victim-Protection Clause". The Moscow Times. 17 October 2019.
12. "Putin revokes additional protocol to Geneva Conventions related to protection of war crimes victims". The Globe and Mail. Reuters. 17 October 2019.
13. Hessbruegge, Jan Arno (2017). Human rights and personal self-defense in international law (First ed.). New York, NY: Oxford University Press. p. 317. ISBN   9780190655020.
14. According to "A Response to Douglas J. Feith's Law in the Service of Terror -- The Strange Case of the Additional Protocol" by Waldemar A. Solf (1986), Akron Law Review vol. 20, issue 2, p. 285: "In view of the foregoing, it follows that the self determination provision in Art. 1(4) is largely symbolic and is not at all likely to present any practical problems in operations except that it automatically precludes Israel and South Africa from being parties to the Protocol, an unfortunate consequence in view of the military capability of both states in relation to their neighbors."
15. According to "Exceptional Engagement: Protocol I and a World United Against Terrorism" by Michael A. Newton (2009), Texas International Law Journal vol. 45, p 323: "The United States chose not to adopt the Protocol in the face of intensive international criticism because of its policy conclusions that the text contained overly expansive provisions resulting from politicized pressure to accord protection to terrorists who elected to conduct hostile military operations outside the established legal framework."
16. Gasser, Hans-Peter. "Prohibition of terrorist acts in international humanitarian law" (PDF). International Review of the Red Cross : 208, 210, 211.

External links

• Full text of Protocol I
• List of countries that have signed but not yet ratified Protocol I
• International Review of the Red Cross, 1997 – No. 320 Special issue: 20th anniversary of the 1977 Additional Protocols
• 1977 Additional Protocols –short bibliography Archived 27 May 2006 at the Wayback Machine (by ICRC)
• "New rules for victims of armed conflicts, Commentary on the two 1977 Protocols additional to the Geneva Conventions of 1949", by M. Bothe, K.J.Partsch Archived 6 May 2009 at the Wayback Machine , W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982, ISBN   90-247-2537-2
• U.S. President Ronald Reagan's message to the Senate on Protocols I & II Archived 7 March 2016 at the Wayback Machine