Protocol II is a 1977 amendment
protocol
Protocol may refer to:
Sociology and politics
* Protocol (politics), a formal agreement between nation states
* Protocol (diplomacy), the etiquette of diplomacy and affairs of state
* Etiquette, a code of personal behavior
Science and technolog ...
to the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
relating to the protection of victims of ''non-international'' armed conflicts. It defines certain
international laws
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
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.
As of July 2020, the Protocol had been ratified by 169 countries, with the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
,
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
,
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, and
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
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. The Iranian signature was given prior to the
1979 Iranian Revolution
The Iranian Revolution ( fa, انقلاب ایران, Enqelâb-e Irân, ), also known as the Islamic Revolution ( fa, انقلاب اسلامی, Enqelâb-e Eslâmī), was a series of events that culminated in the overthrow of the Pahlavi dynas ...
.
Introduction
Historically, international law of armed conflict addressed traditional declarations of war between nations. When the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
were updated in 1949 after the Second World War, delegates sought to define certain minimum humanitarian standards to situations that had all the characteristics of war, without being an international war.
These negotiations resulted in Article 3, common to all four of the basic
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
of the Geneva Conventions of 1949. Common Article 3 applies to ''armed conflicts'' that are not of an international character, but that are contained within the boundaries of a single country. It provides limited protection to victims, including:
* Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
* The wounded and sick shall be collected and cared for.
By the 1970s, diplomats were attempting to negotiate clarifications to the brief language of Article 3, and to extend the scope of international law to cover additional humanitarian rights in the context of internal conflicts. These efforts resulted in Protocol II of the Geneva Conventions. The debate over this
protocol
Protocol may refer to:
Sociology and politics
* Protocol (politics), a formal agreement between nation states
* Protocol (diplomacy), the etiquette of diplomacy and affairs of state
* Etiquette, a code of personal behavior
Science and technolog ...
centered on two conflicting ideas.
First, that the distinction between internal and international armed conflict is artificial from the point of view of a victim. Humanitarian principles should apply regardless of the identity of the combatants. Second, that international law does not apply to non-international situations. A nation has sovereignty within its borders, and must not accept judgments by and orders from other countries.
See also
*
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
*
First Geneva Convention
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 internatio ...
, on the treatment of battlefield casualties.
*
Second Geneva Convention
The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea is one of the four treaties of the Geneva Conventions. The Geneva Convention for the Amelioration of the Condit ...
, on the treatment of casualties in
war at sea.
*
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 significantl ...
, on the treatment of
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
.
*
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more 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 Augus ...
, on the treatment of civilians during wartime.
*
Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...
, a 1977 amendment adopted addressing the protection of victims in ''international'' conflicts.
*
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 ...
, a 2005 amendment adopted specifying the adoption of the
Red Crystal
The emblems of the International Red Cross and Red Crescent Movement, under the Geneva Conventions, are to be placed on humanitarian and medical vehicles and buildings, and to be worn by medical personnel and others carrying out humanitarian w ...
emblem.
References
External links
Committee of the Red Cross: Full text of Protocol II with commentariesList of countries that have ratified Protocol IIList of countries that have signed but not yet ratified Protocol IIInternational Review of the Red Cross, 1997 – No. 320Special issue: 20th anniversary of the 1977 Additional Protocols
{{DEFAULTSORT:Protocol Ii
Geneva Conventions
Treaties concluded in 1977
Treaties entered into force in 1978
Treaties of Afghanistan
Treaties of Albania
Treaties of Algeria
Treaties of Antigua and Barbuda
Treaties of Argentina
Treaties of Armenia
Treaties of Australia
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Treaties of the Bahamas
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Treaties of Fiji
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Treaties of Gabon
Treaties of the Gambia
Treaties of Georgia (country)
Treaties of Germany
Treaties of Ghana
Treaties of Greece
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Treaties of Guatemala
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Treaties of the Hungarian People's Republic
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Treaties of Ireland
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Treaties of the Netherlands
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Treaties of Norway
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Treaties of Peru
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Treaties of Saudi Arabia
Treaties of Senegal
Treaties of Serbia and Montenegro
Treaties of Seychelles
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Treaties of Slovakia
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Treaties of the Solomon Islands
Treaties of South Africa
Treaties of South Sudan
Treaties of the Soviet Union
Treaties of Spain
Treaties of the Republic of the Sudan (1985–2011)
Treaties of Suriname
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Treaties of Sweden
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Treaties of Tajikistan
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Treaties extended to the Faroe Islands
Treaties extended to Greenland
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Treaties extended to the Netherlands Antilles
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Treaties extended to the British Antarctic Territory
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Treaties extended to the Falkland Islands
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Treaties extended to the Pitcairn Islands
Treaties extended to Saint Helena, Ascension and Tristan da Cunha
Treaties extended to South Georgia and the South Sandwich Islands
Treaties extended to Akrotiri and Dhekelia
Treaties extended to the Turks and Caicos Islands
Treaties extended to Guernsey
Treaties extended to the Isle of Man
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