Additional Protocol I
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Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment Protocol (diplomacy), protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. 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.


Ratification status

As of February 2020, it had been ratified by List of parties to the Geneva Conventions, 174 states, 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. The Iranian Revolution has occurred in the interim.


Russia

On 16 October 2019, President Vladimir Putin signed an executive order and submitted a State Duma bill to revoke the statement accompanying Russia's ratification of the Protocol I, accepting the competence of the Article 90 International Fact-Finding Commission. The bill was supplied with the following warning: The available reports regarding this action do not indicate that Russia has revoked their accession to Protocol I as a whole, and the Russian Federation is still included on the lists of parties maintained by the International Committee of the Red Cross and by the United Nations.


Summary of provisions

Protocol I is an extensive document, containing 102 articles. The following is a basic overview of the protocol. For a comprehensive listing of all provisions, consult the text and the commentary. In general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the following additional protections are added. *Article I states that the convention applies in "armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination", which has been interpreted as favoring terrorism, and denying protections to Israel, since United Nations General Assembly Resolution 3379 ("Zionism is racism") was in effect at that time. * Article 37 prohibits perfidy. It identifies four types of perfidy and differentiates ruses of war from perfidy. * Article 42 outlaws Attacks on parachutists, attacks on pilots and aircrews who are parachuting from an aircraft in distress. Once they landed in territory controlled by an adverse party, they must be given an opportunity to surrender (military), surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne troops, or agents who are parachuting from an aircraft, whether in distress or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent. * Article 43 deals with the identification of Armed Forces that are Party to a conflict, and states that 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) "A mercenary 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, water, and other materials needed for survival. Indiscriminate attacks include directly attacking civilian (non-military) targets, but also using technology such as biological weapons, nuclear weapons, and land mines, whose scope of destruction cannot be limited. A total war that does not distinguish between civilian and military targets is considered a war crime. * Articles 56 and 53 outlaw attacks on dams, dikes, Nuclear power plant, nuclear electrical-generating stations, and Place of worship, places of worship. The first three are "works and installations containing dangerous forces" and may be attacked only in ways that do not threaten to release the dangerous forces (i.e., it is permissible to capture them but not to destroy them). * Articles 76 and 77, 15 and 79 provide special protections for Women in war, women, Children in emergencies and conflicts, children, and civilian medical personnel, and provide measures of protection for War correspondent, journalists. * Article 77 forbids conscription of Children in the military, children under age 15 into the armed forces. It does allow, however, for persons under the age of 15 to participate voluntarily. * Articles 43 and 44 clarify the military status of members of Guerrilla warfare, guerrilla forces. Combatant and prisoner of war status are granted to members of dissident forces when under the command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as combatants while preparing for or during an attack. * Article 35 bans weapons that "cause superfluous injury or unnecessary suffering", as well as means of warfare that "cause Environmental impact of war, widespread, long-term, and severe damage to the natural environment". * Article 85 states that it is a war crime to use one of the Protocol III, protective emblems recognized by the Geneva Conventions to deceive the opposing forces (perfidy). * Articles 17 and 81 authorize the International Committee of the Red Cross, ICRC, national societies, or other impartial humanitarian organizations to provide Humanitarian aid, assistance to the victims of war. * Article 90 states that "The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the International Humanitarian Fact-Finding Commission, [International Fact-Finding] Commission to enquire into allegations by such other Party, as authorized by this Article." 74 states have made such a declaration.


See also

* Command responsibility * Geneva Conventions * List of parties to the Geneva Conventions * First Geneva Convention on the treatment of battlefield casualties in the field * Jus in bello * Targeted killing * 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 * United Nations Mercenary Convention


Notes


References


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 Protocolsshort bibliography
(by International Committee of the Red Cross, 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
W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982,

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