INT - 12.08.1949 - Dodatkový protokol k Ženevským úmluvám z 12. srpna 1949 o ochraně obětí ozbrojených konfliktů nemajících mezinárodní charakter (Protokol II)

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INT - 12.08.1949 - Dodatkový protokol k Ženevským úmluvám z 12. srpna 1949 o ochraně obětí ozbrojených konfliktů nemajících mezinárodní charakter (Protokol II)

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

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    protocol Additional to the Geneva conventions of 12. August 1949 on the protection of victims of armed conflicts not of an international character
    (Protocol II)
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    The high contracting parties,

    připojímajíce that the humanitarian principles enshrined in common article 3 to the Geneva conventions of 12.
    August 1949 constitute the foundation of respect for the human person in cases of armed conflict, which has
    the international character of the,

    recalling furthermore that international instruments relating to human rights provide the basic
    the protection of the human personality,

    emphasising the need to ensure better protection for the victims of those armed conflicts,

    recalling that in cases not regulated by applicable law, remains a human personality under the
    the protection of the principles of humanity and the demands of social consciousness,

    agree as follows:


    Part I
    The scope of application of this Protocol




    Article.1.
    The material scope of application



    1. This Protocol, which develops and supplements common article 3 to the Geneva conventions of 12. August 1949, and
    does not change the existing conditions of its application, will apply to all armed conflicts which
    they are not included in article 1 of the Additional protocol to the Geneva conventions of 12. August 1949 on the protection of
    victims of international armed conflicts (Protocol I) and which take place on the territory of the High contracting parties
    between its armed forces and disidentskými armed forces or other organised
    armed groups engaged in under responsible command such control over parts of its territory,
    that allows them to conduct sustained and concerted military operations and to apply this Protocol.

    2. This Protocol will be applied in the event of internal disturbances and tensions, such as riots,
    isolated and sporadic acts of violence and other acts of a similar nature that are not considered armed
    conflicts.

    Article.2.
    Personnel range of application



    1. This Protocol shall be applied without any adverse distinction based on race, color,
    sex, language, religion or belief, political or other opinion, national or social
    origin, property, rodovém origin or other status, or on any other similar criteria (hereinafter
    referred to as "adverse distinction") to all persons affected by armed conflict within the meaning of
    referred to in article 1.

    2. At the end of the armed conflict, all persons deprived of liberty or persons whose
    freedom was limited due related to such conflict, as well as persons who have been deprived
    their freedom or whose freedom has been restricted after the conflict for the same reasons, to use protection according to
    articles 5 and 6, until such deprivation or restriction of freedom is over.

    Article.3.
    Non-interference



    1. No provision of this Protocol will be applied in order to intervene in the sovereignty of the state or
    the obligation of the government to maintain and re-introduce all the legal means law and order in the state or
    defend national unity and territorial integrity of the state.

    2. No provisions of this Protocol shall be construed as authorization for the direct or indirect
    interference for any reason in an armed conflict or in the internal or foreign affairs
    The high contracting party on whose territory this conflict occurred..
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    Part II
    Humane treatment




    Article.4.
    The basic guarantee



    1. All persons not directly participating in or who have ceased to participate in hostilities without
    regardless of whether it was their freedom restricted or not, have the right to respect for their persons, honor,
    beliefs and religion. In all circumstances be treated humanely, without
    any negative difference. It is forbidden to issue orders that no one will be left alive.

    2. Without injury to the general the above provisions are and shall remain prohibited at any time and to
    each location the following acts against the persons referred to in paragraph 1:
    a) endangering the life, health and physical or mental condition of persons, in particular murder as well as cruel
    treatment such as torture, mutilation or any form of corporal punishment;
    b) collective punishments;
    c) taking of hostages;
    d) acts of terrorism;
    e) the offense to personal dignity, especially humiliating and insulting treatment, rape, forced prostitution
    and any form of indecent assault;
    f) slavery and the slave trade in all their forms;
    g) pillage;
    h) threats to do any of the above offences.

    3. Children will be provided with care and aid they require, and in particular:
    a) they will be provided with education, including religious and moral education, in accordance with the wishes of their parents
    or in the absence of the parents of those who are responsible for the care of them;
    b) will be taken all necessary measures to facilitate the unification of families that are temporarily
    divided;
    c) children under the age of 15 years will not be conscripted into the armed forces or groups and they will not be allowed to participate in
    to the hostilities;
    d) the special protection provided by this article to children under the age of 15 years, will apply to them even when
    participated in the if directly of hostilities notwithstanding the provisions of paragraph c) and are captured;
    e) if necessary, measures shall be taken, and if possible always with the consent of their parents or
    of persons on the basis of the law or habit of mainly correspond to children have been temporarily relocated
    of the area in which experiencing hostile action, to a safer area in the country, and to ensure that
    they will be accompanied by persons responsible for their safety and well-being.

    Article.5.
    The person, whose liberty has been restricted



    1. In addition to the provisions of article 4 shall be at least complied with the following provisions relating to
    persons deprived of their liberty for reasons related to the armed conflict, whether they are interned, or
    detained:
    a) with the wounded and the sick shall be treated in accordance with article 7;
    b) the persons referred to in this paragraph will be to the same extent as the local civilian population.
    provided food and drinking water and be given guarantees regarding health, hygiene and
    protection against inclement climate and the dangers arising from armed conflict;
    c) they will be allowed to receive individual or collective support;
    d) they will be allowed to perform their religious ceremonies, and if requested by it and, if possible,
    to receive spiritual assistance from persons performing religious acts, for example, from the priests, etc.;
    e) if they are forced to work, they will have working conditions and safeguards similar to those which has a local
    the civilian population.

    2. Those who are responsible for the fringe of society or the detention of the persons referred to in paragraph 1, shall, within the framework
    their options also maintain the following provisions relating to such persons:
    a) except when men and women from the same family staying together, women will stay in
    areas separate from the men and will be under the immediate supervision of women;
    b) the persons referred to in paragraph 1 are entitled to send and receive letters and postcards, which amount
    may be limited by the competent authority, if it deems it necessary;
    c) spaces to the fringe of society, and detainees are not placed in the vicinity of the area of the fighting. The persons referred to in
    paragraph 1 shall be evacuated, if the premises, where they are interned or detained, especially
    exposed to danger arising from the armed conflict, if their evacuation be
    carried out under sufficiently safe conditions;
    d) will have the right to medical examinations;
    e) their health and their physical or mental integrity will not be jeopardized by any unlawful act,
    or omissions. It is therefore prohibited by suppressing the persons referred to in this article any
    a medical procedure, which medical condition to the relevant person does not require and which is not in accordance with generally
    accepted medical standards used in relation to free persons under similar
    medical conditions.

    3. With persons who are not listed in paragraph 1, but whose freedom was in any way
    limited for reasons related to the armed conflict shall be treated humanely in accordance with the
    article 4 and with paragraphs 1 a), c) and d) and 2 b) of this article.

    4. If it is decided to release persons deprived of liberty, shall you, who have so decided, the necessary measures to
    to ensure their safety.

    Article.6.
    Criminal prosecution



    1. This article applies to the prosecution and punishment of criminal offences related to the armed conflict.

    2. Over the persons who have been found guilty of a criminal offence, will not be handed out judgments and
    exercised penalties except in cases where a judgment has been entered by the court which provides the basic safeguards
    independence and impartiality, in particular:
    a) judicial proceedings shall give the defendant the opportunity to be informed without delay about the details
    the criminal offence of which he is accused and provide the accused before the proceedings and during the proceedings all the
    necessary rights and means of defence;
    b) no one will be convicted of a crime otherwise than on the basis of personal criminal responsibility;
    c) no one will be convicted for an act or omission which was not according to the law a criminal offence in
    the time of its commission. As well as will not be liable to a penalty heavier than what could be saved at a time when he was
    the offence is committed. If a law issued after committing the crime lighter punishment, will be this
    the law applied in favor of the offender;
    d) every defendant will be considered innocent until will not be in accordance with the law demonstrated
    his fault;.
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    Part III
    The wounded, sick and shipwrecked



    Article.7.
    Protection and care



    1. All the wounded, sick and shipwrecked, regardless of whether they participated in the armed conflict or
    not, will be respected and protected.

    2. In all circumstances be treated humanely and be provided to the greatest extent possible and
    as fast as medical care and treatment, which requires their status. Will not be among them made the difference from other
    reasons than health.

    Article.8.
    Search



    Whenever circumstances permit, and particularly after the end of the fight, they immediately made all possible
    measures to locate and the taking of the wounded, sick and shipwrecked, to be protected from the depredations and
    ill-treatment and to ensure appropriate care for them, as well as the search for the dead, to
    prevent their dispossession, and to be dignified buried.

    Article.9.
    Protection of medical and religious personnel



    1. Medical and religious personnel be respected and protected and in the performance of his duty
    will be provided all possible assistance. Cannot be compelled to carry out tasks that are incompatible with its
    the humanitarian mission.

    2. It is not possible to apply to the medical staff in carrying out their functions, to give priority to any person for other than medical reasons.

    Article.10.
    General protection of persons who perform healthcare activity



    1. Under no circumstances will not be punished by any person for the execution of medical acts that are
    in accordance with medical ethics, regardless of the benefit of that person, this activity is carried out.

    2. Persons engaged in medical activities, they will not be forced to perform acts or to exercise
    the work, which is not in accordance with the rules of medical ethics or other rules designed for the benefit of
    the wounded and sick or to the provisions of this Protocol, nor will they be forced to
    not carry out acts that these rules and the provisions require.

    Article.11.
    Protection of medical units and medical means of transport



    1. Medical units and medical means of transport will always be respected and protected and
    do not become the object of attack.

    2. The protection to which they are medical units and medical means of transport is entitled, will be
    interrupted only in that case, if they are used to hostile acts outside their humanitarian
    mission. Protection, however, will be interrupted only when it will be issued a warning, which, if necessary,
    set a reasonable time limit, and only then, when this warning will not be ignored.


    Article.12.
    Cognitive character



    Under the control of the competent authority will be the medical and religious personnel and medical units and
    medical means of transport marked rozeznávacím the emblem of the red cross, red crescent
    or the red lion and sun on a white background. Will be respected under all conditions and it won't be him
    used in an improper manner..
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    Part IV
    The civilian population




    Article.13.
    Protection of the civilian population



    1. The civilian population and individual civilians shall enjoy general protection against the dangers
    arising from military operations. To this protection to be effective, must at all times
    adhere to the following rules.

    2. The civilian population as such, as well as the individual
    civilian persons shall not be subject to attack. Violent acts or threats of violence whose main aim is to
    terrorizing the civilian population, are prohibited.

    3. Civilian persons shall enjoy the protection provided by this article, except when directly involved in the
    hostilities and for these actions.


    Article.14.
    Protection of objects indispensable to the survival of the civilian population



    It is prohibited to use starvation of civilians as a method of warfare. It is therefore prohibited to attack
    objects, destroy, remove, or invalidate objects indispensable to the survival of the civilian population, such as
    food supplies, agricultural area used for food production, harvesting, cattle, equipment for the supply of
    water and water supply and irrigation facilities.
    Article.15.
    Protection of structures and installations containing dangerous forces

    Structures or equipment containing dangerous forces, particularly dams, levees and nuclear power plants,
    shall not be subject to attack, even if they are military objects, if such attack may cause the release of
    of dangerous forces and result in a consequence, to serious losses on the civilian population.


    Article.16.
    Protection of cultural objects and places of worship



    Without prejudice to the provisions of the Hague convention on the protection of cultural property in the event of armed conflict of 14.
    may 1954, it is prohibited to carry out any hostile acts against historic monuments,
    works of art or places of worship that are cultural and spiritual heritage
    nations and use them to support the military effort.

    Article.18.
    Auxiliary organizations and auxiliary action



    1. Auxiliary organizations, which are located on the territory of the High contracting parties, such as the organization
    The red cross, Red crescent, Red lion and sun, they can offer their services with the aim of
    perform their traditional functions in relation to victims of armed conflict. The civilian population may, even from the
    its own initiative, to offer, that will collect the wounded, sick and shipwrecked and that will take care of them.

    2. If the civilian population is suffering excessive deprivation owing to a lack of inventory required to
    survival, such as food supplies and medicines, will be subject to the consent of the High contracting parties
    taken relief actions for the civilian population, which are exclusively humanitarian and impartial
    nature and are conducted without any adverse distinction.

    Article.17.
    Prohibition of forced movement of civilians



    1. For reasons related to the conflict must not be nařizováno the movement of the civilian
    of the population if it does not require the security of the relevant civilian persons or the inevitable military
    reasons. If it will be necessary to such transfer done, they will be taken all actions, to a civil
    the population could be accepted at a designated place under satisfactory conditions as regards accommodation,
    hygiene, health, safety, and nutrition.

    2. Civilians will not be forced to leave their own territory for reasons related to the conflict..
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    Part In
    Final provisions




    Article.19.
    Spread


    This Protocol will be redistributed in the greatest possible degree.


    Article.20.
    Signature



    This Protocol will be open to the parties to the Conventions to sign six months after the signing of the Final act and
    will remain open for a period of twelve months.

    Article.21.
    Ratification



    This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss
    the federal council, depositary of the Conventions.


    Article.22.
    Access



    This Protocol shall be open to accession by any party to the Conventions, which it signed. The charter of the
    access will be deposited with the depositary.


    Article.23.
    The entry into force of



    1. This Protocol shall enter into force six months after the deposit of two instruments of ratification or instruments of
    access.

    2. For each side of the Conventions, which ratifies this Protocol or accedes later, takes
    force six months after deposit of its instrument of ratification or instrument of accession.


    Article.24.
    Changes



    1. Any High contracting party may propose amendments to this Protocol. The Text of the proposed changes
    will be sent to the depositary, who, after consulting all High contracting parties and with International
    committee of the Red cross decides whether to convene a conference to consider the proposed changes.

    2. The depositary shall invite to that conference all the High contracting parties, as well as the party Conventions without
    regardless of whether this Protocol is signed or not.

    Article.25.
    Statement



    1. In the event that a High contracting party terminates this Protocol, shall take testimony of the validity only after
    the expiry of six months from the receipt of the instrument of denunciation. However, if the revealing party after a lapse of six
    months located in the situation referred to in article 1, the denunciation shall not take effect prior to the termination of armed
    conflict. Persons who have been deprived of their liberty or whose liberty has been restricted for reasons related
    the conflict, however, they will continue to enjoy the benefits of the provisions of this Protocol until their final
    release.

    2. Testimony will be notified in writing to the depositary, who shall send to all the High contracting parties.


    Article.26.
    Notification



    The depositary shall inform the High contracting parties, as well as the parties to the Conventions regardless of whether they are
    the signatories to this Protocol or not:
    a) of the signatures appended to this Protocol and of the deposit of instruments of ratification or instruments of accession in
    accordance with articles 21 and 22;
    b) on the date of entry into force of this Protocol in accordance with article 23;
    c) communications and declarations received in accordance with article 24.

    Article.27.
    Registration



    1. After the entry into force of the Protocol will be sent by the depositary to the secretariat of the united
    nations for registration and publication in accordance with article 102 of the Charter of the united nations.

    2. The depositary shall also inform the secretariat of the united nations of all ratifications and
    approaches received in connection with this Protocol.


    Article.28.
    Authentic texts



    The original of this Protocol, of which the English, Arabic, chinese, French, Russian and Spanish text is
    equally authentic, shall be deposited with the depositary, which shall send its certified copies to all parties to the Conventions.



    Source
    www.cervenykriz.eu
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    URL : https://en.valka.cz/topic/view/169684#507493Version : 0
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    Ratification of the CZECHOSLOVAK socialist republic






    The federal ministry of foreign affairs informs that on 8. June 1977 in Geneva adopted protocol Additional to the Geneva conventions of 12. August 1949 on the protection of victims of international armed conflicts (Protocol I) and protocol Additional to the Geneva conventions of 12. August 1949 on the protection of victims of armed conflicts of not international nature (Protocol II). On behalf of the Czechoslovak socialist republic have been Additional protocols signed at Bern, on 6. December 1978.

    With Additional protocols expressed consent of the Federal assembly of the Czechoslovak socialist republic and the president of the Czechoslovak socialist republic is ratified. The instruments of ratification were deposited with the Swiss federal council, depositary of the conventions, on 14. February 1990.
    Additional protocols have entered into force, based on articles 95 paragraph. 1 and 23, paragraph. 1 day 7. December 1978. For the Czech and Slovak Federal Republic entered into force in accordance with articles 95 paragraph. 2 and 23, paragraph. 2 day 14. August 1990.
    The Czech translations of Additional protocols shall be published at the same time.



    Source
    www.pravnipredpisy.cz
    .
    URL : https://en.valka.cz/topic/view/169684#507503Version : 0
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