![Geneva Conventions Protocol I Signatories](https://upload.wikimedia.org/wikipedia/commons/b/bd/Geneva_Conventions_Protocol_I_Signatories.svg)
Protocol I (sometimes referred to as Additional Protocol I or AP 1) 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 Conve ...
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
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
.
Ratification status
As of February 2020, it had been
ratified
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
by
174 states, with the United States, Israel,
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 ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
,
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 ...
, and
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
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
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 dyna ...
has occurred in the interim.
Russia
On 16 October 2019, President
Vladimir Putin
Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
signed an
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
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
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
and by the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
.
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
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 Conve ...
. 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
United Nations General Assembly Resolution 3379, adopted on 10 November 1975 by a vote of 72 to 35 (with 32 abstentions), "determine that Zionism is a form of racism and racial discrimination". It was revoked in 1991 with UN General Assembly R ...
("Zionism is racism") was in effect at that time.
* Article 37 prohibits
perfidy. It identifies four types of perfidy and differentiates
ruses of war
The French , sometimes literally translated as ruse of war, is a non-uniform term; generally what is understood by "ruse of war" can be separated into two groups. The first classifies the phrase purely as an act of military deception against one ...
from perfidy.
* Article 42 outlaws
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
Surrender may refer to:
* Surrender (law), the early relinquishment of a tenancy
* Surrender (military), the relinquishment of territory, combatants, facilities, or armaments to another power
Film and television
* ''Surrender'' (1927 film), an ...
before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape.
Airborne troops
Airborne forces, airborne troops, or airborne infantry are ground combat units carried by aircraft and airdropped into battle zones, typically by parachute drop or air assault. Parachute-qualified infantry and support personnel serving in a ...
, 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
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. ...
"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
A mercenary, sometimes also known as a soldier of fortune or hired gun, is a private individual, particularly a soldier, that joins a military conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any ...
shall not have the right to be a combatant or a
prisoner of war
A prisoner of war (POW) is a person who is held 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 prisoners of w ...
."
* Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, and other materials needed for survival.
Indiscriminate attack In international humanitarian law and international criminal law, an indiscriminate attack is a military attack that fails to distinguish between military objectives and protected (civilian) objects. Indiscriminate attacks strike both military and ...
s include directly attacking civilian (non-military) targets, but also using technology such as
biological weapons
A biological agent (also called bio-agent, biological threat agent, biological warfare agent, biological weapon, or bioweapon) is a bacterium, virus, protozoan, parasite, fungus, or toxin that can be used purposefully as a weapon in bioterrorism ...
,
nuclear weapons, and
land mine
A land mine is an explosive device concealed under or on the ground and designed to destroy or disable enemy targets, ranging from combatants to vehicles and tanks, as they pass over or near it. Such a device is typically detonated automati ...
s, whose scope of destruction cannot be limited.
[ A ]total war
Total war is a type of 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-combata ...
that does not distinguish between civilian and military targets is considered a war crime.
* Articles 56 and 53 outlaw attacks on dam
A dam is a barrier that stops or restricts the flow of surface water or underground streams. Reservoirs created by dams not only suppress floods but also provide water for activities such as irrigation, human consumption, industrial use ...
s, dikes, nuclear electrical-generating stations, and places of worship
A place of worship is a specially designed structure or space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study. A building constructed or used for this purpose is somet ...
. 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
A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female humans regardl ...
, children, and civilian medical personnel, and provide measures of protection for journalists.
* Article 77 forbids conscription of 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 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 widespread, long-term, and severe damage to the natural environment".
* Article 85 states that it is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive the opposing forces ( perfidy).
* Articles 17 and 81 authorize the ]ICRC
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
, national societies, or other impartial humanitarian organizations to provide 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 Commission">nternational Fact-FindingCommission to enquire into allegations by such other Party, as authorized by this Article." 74 states have made such a declaration.
See also
* Command responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
* 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 Conve ...
* List of parties to the Geneva Conventions
The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. They are:
*The Geneva Conventions
**First Geneva Convention
**Second Genev ...
* First Geneva Convention on the treatment of battlefield casualties in the field
* Jus in bello
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
* Targeted killing
Targeted killing is a form of murder or assassination carried out by governments outside a judicial procedure or a battlefield.
Since the late 20th century, the legal status of targeted killing has become a subject of contention within and bet ...
* Protocol II
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 ...
, a 1977 amendment adopted relating to the protection of victims of non-international armed 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 personn ...
, 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
* United Nations Mercenary Convention 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 mer ...
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 ICRC
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
)
* "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,
{{Geneva Conventions
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