protocol Additional to the Geneva conventions of 12. August 1949 on the protection of victims of international armed conflicts
(Protocol I)[/heading]
The high contracting parties,
asserting that urgently wish in order that the nations lived in peace,
recalling that every state has the duty, in accordance with the Charter of the united nations
avoid in their international relations the threat or use of force against the sovereignty,
territorial integrity or political independence of any state, and any other way
incompatible with the objectives of the united nations,
considering, however, necessary to reaffirm and develop the provisions protecting the victims of armed
conflicts and to supplement measures intended to ensure their more effective application,
expressing their conviction, that no provision of this Protocol or the Geneva conventions of 12.
August 1949 shall be construed as would justify or permit any act of aggression or
any other use of force inconsistent with the Charter of the united nations,
reaffirming also the provisions of the Geneva conventions of 12. August 1949 and of this Protocol must be
fully applied in all circumstances to all persons who are protected by these documents, without
any adverse distinction based on the nature or origin of the armed conflict or on
the causes alleged by or attributed to the parties in the conflict,
have agreed as follows:
Part I
General provisions
Article.1
The general principles and scope of application
1. The high contracting parties undertake, in all circumstances, will maintain this Protocol and shall ensure
his observances.
2. In cases not covered by this Protocol or by other international agreements, remain civil
persons and kombatanti under the protection and within the scope of the principles of international law resulting from the
established custom, from the principles of humanity and from the requirements of the social conscience.
3. This Protocol, which supplements the Geneva conventions of 12. August 1949 on the protection of victims of war, will be
applied to the situations referred to in common article 2 of those Conventions.
4. Situations referred to in the preceding paragraph means the armed conflicts in which
the peoples are fighting against colonial domination and alien occupation and against racist regimes to assert their
the right to self-determination, as enshrined in the united nations Charter and in the Declaration of principles
of international law concerning friendly relations and cooperation among states in accordance with the Charter of the
Organization of the united nations.
Article.2
Definition
For the purposes of this Protocol:
a) "First convention", "Second convention", "Third convention" and "Fourth convention" are the designation for the Geneva
convention for improving the fate of wounded and sick members of the armed forces in the field of 12.
August 1949, the Geneva convention for improving the fate of wounded, sick and shipwrecked of the armed
forces at sea of 12. August 1949, the Geneva convention on treatment of prisoners of war dated
12. August 1949, Geneva convention relative to the protection of civilian persons in time of war of 12. August 1949;
the term "Convention" refers to the four Geneva conventions of 12. August 1949 on the protection of victims of war;
b) "the Norms of international law applicable in armed conflicts" are the designation for
standards applicable in armed conflicts, which are contained in international agreements,
whose parties are the parties in the conflict, and the universally recognized principles and norms of international
law applicable in armed conflicts;
c) "Protective power" is a neutral or other state not a party to the conflict, which was once
a party to the conflict appointed and the other party in the conflict accepted and agreed to by
to perform the functions prescribed by the Conventions and by this Protocol for a protective power;
d) "Substitute" is an organization acting on behalf of the protective powers in accordance with article 5.
Article.3
The beginning and end of application
Without prejudice to the provisions of which are applied in any period of time:
a) of the Convention and this Protocol will be applied from the beginning of any situation referred to in article 1
of this Protocol;
b) Application of the Conventions and of this Protocol, ends in the territory of parties in conflict in the general termination of
military operations and in the occupied territories at the termination of the occupation. Makes an exception in both
the cases of those persons whose final release, repatriation or resettlement will occur
later. These persons will continue to enjoy the benefits of the relevant provisions of these Conventions and of this
Protocol until their final release, repatriation or resettlement.
Article.4
The legal position of the parties in the conflict
The application of the Conventions and of this Protocol, as well as the conclusion of the agreements envisaged by these documents, will not be
affect the legal position of the parties in the conflict. Occupation of a territory nor the application of the Conventions and of this Protocol
will not affect the legal status of this territory.
Article.5
The appointment of the protective powers and their substitutes
1. Obligations of the parties in the conflict since the beginning of the conflict between them is to ensure the control and application of the Conventions and
this Protocol using the system of protective powers, which includes in particular the appointment and acceptance of
these powers in accordance with the following paragraph. Protective powers will be obliged to defend
the interests of the parties in the conflict.
2. From the beginning of the situation referred to in article 1, each party to the conflict shall appoint without delay the protective
power for the purpose of application of the Conventions and of this Protocol and without delay and for the same purpose, allows
activities of the protective powers, approved by, and whose appointment has agreed to the opposite side.
3. If the protective power has not been designated or accepted from the beginning of the situation referred to in article 1,
The international committee of the Red cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, to offer his good services to the parties in the conflict for the purpose of immediate
the appointment of the protective powers, with which the sides f the conflict have agreed. For this purpose, will be able, among other
ask each side to supply a list of at least five states which it considers acceptable to its
the name acted as a protective power in relation to the opposite side, and ask each opposite side,
to supply a list of at least five states which would be adopted as the protective power of the other party. These
lists must be sent to the committee within two weeks from the receipt of the request. The committee lists will compare and request
get the consent of every state, whose name is on these lists occurs.
4. If, notwithstanding the above, there will be a protective power, take sides in the conflict
without delay an offer which will be able to make International committee of the Red cross or any other
the organization, which provides all guarantees of impartiality and ability to act as a substitute, after appropriate
consultations with the said parties and taking into account the outcome of these consultations. The activity of such
substituta subject to the consent of the parties in the conflict; parties to the conflict shall make every effort to facilitate the
activity substituta in the performance of its tasks in accordance with the Conventions and by this Protocol.
5. In accordance with article 4 will not have a appointment and the adoption of safeguard powers for the purpose of application
Of the conventions and of this Protocol, the effect on the legal position of the parties in the conflict or of any territory, including the territory of
occupied.
6. The maintenance of diplomatic relations between the parties in the conflict, or the delegation of a third state the protection of the
the interests of some parties and the interests of its members in accordance with the standards of international law on
diplomatic relations is no obstacle to the appointment of the protective powers for the purpose of application of the Conventions and
of this Protocol.
7. Each mention of the protective powers in this Protocol, also referred substituta
Article.6
Qualified staff
1. The high contracting parties will strive, even in time of peace, to help national companies
Of the red cross (Red crescent, Red lion and sun) has been prepared by qualified personnel,
that would facilitate the application of the Conventions and of this Protocol, and particularly the activities of the protective powers.
2. Recruitment and training of such personnel are within domestic jurisdiction.
3. The international committee of the Red cross will have for the High contracting parties lists available
the thus-prepared people to draw up and to him for that purpose shall transmit to the High contracting parties.
4. The conditions governing the use of these persons outside the national territory will be in any case adjusted
in special agreements between the relevant parties.
Article.7
Meeting
The depositary of this Protocol shall convene at the request of one or more of the High contracting parties and, after
the consent of a majority of these parties a meeting of the High contracting parties to discuss the terms and
issues relating to the application of the Conventions and of this Protocol..
General provisions
The general principles and scope of application
Definition
The beginning and end of application
The legal position of the parties in the conflict
The appointment of the protective powers and their substitutes
Qualified staff
Meeting