INT - 12.08.1949 - Dodatkový protokol k Ženevským úmluvám z 12. srpna 1949 o ochraně obětí mezinárodních ozbrojených konfliktů (Protokol I)

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

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..
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Part II
The wounded, sick and shipwrecked




Section I
General protection




Article.8
Definition of terms



For the purposes of this Protocol:
a) "Wounded" and "sick" are military or civilian persons for injury, illness or other
physical or mental disorders or the inability need of medical assistance or care and who
present any hostile activities. These concepts also apply to expectant mothers, newborns and
other persons who may be in need of immediate medical assistance or care, as a sick person
or pregnant women, and present any hostile activities;
b) the "Survivors" are military or civilian persons who are in a dangerous situation at sea or in
other waters in consequence of the misfortune which had befallen them or the vessel or aircraft which transported,
and present any hostile activities. These persons, provided that they continue to refrain from
any enemy activity, they continue to be considered for rescue operations for survivors
up to that time, than under the conventions or of this Protocol, acquire a different status;
c) "Medical personnel" are persons who are a party to the conflict exclusively to the
of the medical purposes listed in paragraph e) or for the administration of medical units
or to the management or administration of medical units or to the management or administration of medical
of means of transport. Such a designation may be permanent or temporary. This term includes:
i) the medical staff of the parties to the conflict, military or civilian, including personnel, which is
listed in the First and Second convention, and which is assigned to the organizations of civil defense;
ii) medical personnel of national societies of the Red cross (Red crescent,
The red lion and sun) and other national voluntary organizations duly recognized and
the authorised party to the conflict;
iii) medical personnel of medical units or medical transport means,
referred to in article 9 paragraph 2;
d) "religious personnel" are military or civilian persons, such as priests, which is exclusively engaged in the
spiritual activities and are allocated:
i) the armed forces of a party to the conflict; or
ii) to medical units or medical transport means, the parties in conflict;
or
iii) to medical units or medical transport means referred to in
article 9, paragraph 2; or
iv) to the organisations of civil defense side in the conflict.
Religious personnel may be assigned permanently or temporarily and shall be subject to the relevant
the provisions referred to in paragraph k);
e) "Medical units" are devices and other units, military or civilian, organised for
the medical purposes, and to search for, collection, transportation, diagnosis or treatment and to
the provision of first aid to the wounded, sick and shipwrecked or for the prevention of diseases. This
the term includes, inter alia, hospitals and other similar units, blood transfusion centres,
the centre and the constitution of medical prevention, medical warehouse, medical and pharmaceutical
warehouses of such units. Medical units may be fixed or mobile,
permanent or temporary;
f) "Medical transportation" is the transportation of the wounded, sick, shipwrecked, medical
personnel, religious personnel, medical equipment, medical shipments and protected
The conventions and this Protocol by land, water or air;
g) "Medical means of transport" is any means of transport, military or civilian,
permanent or temporary, designed exclusively for medical transport, and controlled by the competent
authority of the parties to the conflict;)
h) "Medical vehicles" are the terrestrial means of medical transportation;
i) "Medical ships and craft" are all means of medical transport by water;
j) "Medical aircraft" are all means of medical transport by air;
k) "Permanent medical personnel", "permanent medical units" and "permanent medical transport
the funds" are those which are intended exclusively for medical purposes to undefined
period. "Temporary medical personnel", "temporary medical units" and "temporary
medical means of transport" are such, which are designed exclusively for healthcare
purposes for a limited period and for the entire duration of such period. Unless otherwise specified,
the terms "medical personnel", "medical units" and "medical means of transport"
include both permanent and temporary categories;
l) "Cognitive character" is the special mark of the red cross, red crescent or
the red lion and sun on a white background, if used for the purposes of protecting the health
units and medical means of transport, or medical and religious personnel,
equipment or shipments;
m) "Cognitive signal" means any signalling device intended to identify solely
medical units or medical transport means, in accordance with chapter III
annex I to this Protocol.



Article.9
The scope of application



1. This part, whose provisions pursue the goal to improve the fate of wounded, sick and shipwrecked, will
applied to all persons who were in the situation referred to in article 1, 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 the
other similar criteria.

2. The relevant provisions of article 27 and 32 of the First Convention apply to permanent medical
units and medical means of transport (with the exception of hospital ships, which are covered by article
25 of the Second convention) and their staff to the available side in the conflict for humanitarian purposes:
a) a neutral or other state not a party to the conflict;
b) recognised and empowered to voluntary organisations of such state;
c) by an impartial international humanitarian organizations.
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Article.10
Protection and care



1. All the wounded, sick and shipwrecked, whether belonging to any party, 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 held no difference from the
other than health reasons.


Article.11
The protection of people



1. Health and physical or mental integrity of persons, which are found in the power of the opposite party or that
are interned, detained or otherwise deprived of their liberty as a result of the situation referred to in
article 1 will not be endangered by any unjustified act or omission. It is therefore prohibited
conquering the persons referred to in this article medical procedure that is not justified by the health
the status of these persons, and which is in conflict with generally accepted medical standards applicable for
similar medical circumstances to persons who are nationals of, nezbavenými freedom, the parties, which such
the procedure is carried out.

2. Especially it is prohibited to these persons, even with their consent:
a) physically maim,
b) use to medical or scientific experimentation,
c) to withdraw their tissue or organs for purpose of transplantation, with the exception of those cases which
3. Exemptions from the prohibition referred to in paragraph 2c) may be made only in the case of blood donation to
transfusion or skin for transplantation, provided that the donation is voluntary and is made without
any coercion or duress, and only for medicinal purposes and under the conditions which are in accordance
with generally accepted medical standards, and under the supervision of serving as the benefit of the donor, and
of the recipient.

4. Any deliberate acts or omissions seriously endangering the health, physical or psychological integrity
the person who is situated in the power of the other party than that to which it belongs, and which either violates the prohibitions referred to in
paragraph 1 and 2, or fails to comply with the requirements of paragraph 3, it is a serious violation of this Protocol.

5. The persons referred to in paragraph 1 have the right to refuse any surgical intervention. In case of refusal
it is necessary that the medical staff obtained the relevant written declaration signed by or confirmed
patient.

6. Each party in the conflict will lead the medical records of each donation of blood for transfusion or
skin to transplant the persons referred to in paragraph 1, if it is for the implementation of such a donation
responsible. In addition, each party to the conflict shall endeavour to keep a record of all medical
procedures carried out on persons who are interned, detained or otherwise deprived of
freedom as a result of the situation referred to in article 1. These records will be available at any time of the protective
powers for the purpose of inspection.


Article.12
Protection of medical units



1. Medical units shall be respected and protected and will not be subject to attack.

2. Paragraph 1 will be applied to civilian medical units, provided that
a) belong to one of the parties in conflict;
b) are recognised and authorised by the competent authority of one of the parties in the conflict, or
c) are authorised in accordance with article 9, paragraph 2, of this Protocol or article 27
The first of the convention.

3. Parties in conflict are encouraged to inform each other of the location of their permanent
of medical units. Failure to provide this information shall not relieve any party of the obligation to respect
the provisions of paragraph 1.

4. Under no circumstances shall be medical unit used to do to try to protect
its presence of military objects from attacks. If possible, the parties to the conflict shall ensure that
medical units were placed so that attacks on military objects without compromising their safety.

Article.13
Interruption of protection of civilian medical units



1. Protection, to which civilian medical units the right, will be interrupted only in the case
if they are used outside their humanitarian functions to the offences, which damage the opponent. Protection
however, it can be interrupted only when it will be issued a warning, which provides, in relevant cases,
a reasonable time limit, and only then, when this warning will not be ignored.

2. For acts detrimental to the adversary will not be considered:
a) if the staff of the unit will be armed with light personal weapons for self-defense or
the defense of the wounded and sick, who are in their care;
b) if the unit will be guarded by the guard unit, the guards or an armed escort;
c) if small arms and ammunition taken from the wounded and the sick have not yet been transmitted to the competent
services and have been for units found;
d) if the members of the armed forces or other kombatanti located in the unit for medical reasons.


Article.14
Restrictions in the seizure of civilian medical units



1. Occupying power has duty to ensure that they were continue to organised medical needs
the civilian population in the occupied territory.

2. The occupying power therefore cannot take a civilian medical units, their equipment, material or
forcing their staff to other work, until there is a need to provide adequate medical
services to the civilian population and to ensure further care for the wounded and sick who are no longer heals.

3. Provided, that the general rule referred to in paragraph 2 is respected, can the occupying
power take these funds for these specific conditions:
a) if these funds are necessary for immediate and appropriate medical treatment of the wounded and
the sick members of the armed forces of the occupying power or of prisoners of war;
b) if the occupation lasts only for the period when such necessity exists;
a) c) if shall take immediate action to continue to be provided by medical
the needs of the civilian population, as well as the wounded and sick, who are already treated and who would be
záborem affected.

Article.15
Protection of civilian medical and religious personnel



1. Civilian medical personnel be respected and protected.

2. In the area where they are disturbed by civilian medical services for combat activities, will be provided in the
if necessary, the civilian medical staff all possible help.

3. The occupying power shall provide civilian medical personnel in occupied territories every
help to what might best perform their humanitarian functions. The occupying power cannot
require that such personnel in the performance of their functions, to give priority to any person other than
due to health reasons. This staff cannot be compelled to carry out tasks that are incompatible with its
the humanitarian mission.

4. Civilian medical personnel will have access everywhere there, where are his services necessary, per the conditions,
that will adhere to control and security measures that the party in conflict may be considered
necessary.

5. Civilian religious personnel be respected and protected. The provisions of the Conventions and of this Protocol
for the protection and identification of medical personnel shall apply to these persons.


Article.16
General protection of persons who perform healthcare activity



1. Under no circumstances will not be punished any person for the execution of medical operations
are in accordance with medical ethics, regardless of the circumstances and to the persons to whom such service provides.

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 that are not in accordance with the provisions of the Conventions or of this Protocol,
or to not carry out acts that these rules and the provisions require.

3. None of the people who perform the medical activity, will not be forced to provide any of
the opposite side or from his own party except where required by the laws of that party, any
information about the wounded and sick who are, or have been in her care, if in its opinion such information could harm these patients, or their families. They will, however, compliance with the rules on
mandatory reporting of infectious diseases.


Article.17
The role of the civilian population and of the subsidiary companies



1. The civilian population will respect the wounded, sick and shipwrecked even if they belong to the opposite
side, and not against them using violence. The civilian population and the auxiliary companies, such as
the national society of the Red cross (Red crescent, Red lion and sun), will be allowed
to even on its own initiative, collect the wounded, sick and shipwrecked, even in contested or occupied
areas, and cared for them. No one will be persecuted, prosecuted, convicted or punished for such
humanitarian activity.

2. The parties in the conflict may call on the civilian population and the relief of the company referred to in paragraph
1, to collect the wounded, sick and shipwrecked, cared for them, looking for the dead and report about it,
where they are located; those, who on such a challenge with a response, shall provide protection and necessary resources.
If the opposite party gains or regains control over such areas, will also provide, until it
it will be necessary, the same protection and resources.

Article.18
Identification



1. Each party to the conflict shall endeavour to ensure that medical and religious personnel and medical
units and medical means of transport, it was possible to identify.

2. Each party in a conflict will also take care of the adoption and the application of methods and ways, allowing
resolution of medical units and medical means of transport that use rozeznávacích
characters and rozeznávacích signals.

3. In the occupied territories and in areas where there is, or there may be a fight, is the civilian medical
personnel and civilian religious personnel usually cognizable by advanced pattern recognition emblem and an identity card,
confirming their status.

4. Medical units and medical means of transport will be with the consent of the competent authority
marked rozeznávacím character. Ship and the vessel referred to in article 22 of this Protocol will be marked
in accordance with the provisions of the Second convention.

5. In addition to the rozeznávacích characters can a fighting party, in accordance with chapter III of annex I to this
The protocol allow the use of rozeznávacích signals for identifying medical units and
medical means of transport. Exceptionally, in the special cases envisaged in the said
chapter, can medical means of transport the use of cognitive signals, without using
cognitive characters.

6. The application of the provisions of paragraphs 1 to 5 of this article is governed by chapters I to III of annex I to this
Log. Signals laid down in chapter III of the annex and intended solely for the use of medical
units and medical transportation resources shall not be used except in the cases there
referred to for any purpose other than the identification of medical units and medical transport
the funds, which are listed in this chapter.

7. This article does not authorize the broader use of advanced pattern recognition the emblem in peace time, than as it is
provided for in article 44 of the First convention.

8. The provisions of the Conventions and of this Protocol concerning the control of the use of advanced pattern recognition character,
the prevention of and sanctions for its misuse also apply to the pattern recognition signals.
Article.19
Neutral and other states not parties to the conflict

Neutral and other states not parties to the conflict, they will apply the relevant provisions of this
The protocol to persons protected by this part that are received or interned in their territory, and to
the dead persons of the parties in conflict that they find.


Article.20
The prohibition of reprisals



Reprisals against persons or objects protected by this part are prohibited..
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Section II
Medical transport




Article.21
Medical vehicles



Medical vehicles shall be respected and protected in the same way as mobile medical
units under the Conventions and this Protocol.


Article.22
Hospital ship and coastal rescue craft



1. The provisions of the Conventions, which apply to:
a) a ship referred to in articles 22, 24, 25 and 27 of the Second convention,
b) their lifeboats and small craft,
c) their personnel and crews, and
d) the wounded, sick and shipwrecked who are on their board,

will be applied also in the case where such ships, boats or vessels transporting the civilian wounded, sick
and shipwrecked who do not belong to any of the categories referred to in article 13 of the Second convention. These civilian persons
however, they can not be issued side, which is not their party, or captured at sea. If they find themselves
in the power of the parties to the conflict, which is not of their party, will be covered by the Fourth convention and this
Log.

2. Protection provided by the Conventions to vessels described in article 25 of the Second convention expands on the
hospital ship, which can be available side in the conflict for humanitarian purposes:
a) a neutral or other state not a party to the conflict, or
b) impartial international humanitarian organization,

provided that they are in both cases met the requirements contained in that article.

3. Small vessels referred to in article 27 of the Second convention shall be protected, even if will not be made
notifications foreseen in this article. Parties to the conflict are, nevertheless, invited to inform each other
the details relating to such vessels, which would facilitate their identification and recognition.

Article.23
Other medical ship and craft



1. Medical ship and vessel, which are not identical with those referred to in article 22 of this
The protocol and article 38 of the Second convention - whether found at sea or in other waters – will be
respected and protected in the same way as mobile medical units in accordance with the Conventions
and by this Protocol. Since this protection can only be effective in the case that will be identified arozpoznána as a medical ship or craft, these must be ship marked rozeznávacím sign and
if possible, observe the provisions of article 43 paragraph 2 of the Second convention.

2. Ship and the vessel referred to in paragraph 1 shall remain subject to the laws of war. Any warship sailing
after the surface, which is able to force them instantly to the fulfillment of his command, he can order them to
stopped, left the area or taken a specific course. These ships and vessels shall any such command
obey. However, they cannot in any case be discharged from the performance of its medical mission,
while it is necessary for the wounded, sick and shipwrecked who are on their board.

3. The protection enshrined in paragraph 2 ceases to be provided only under the conditions laid down in
articles 34 and 35 of the Second convention. Obvious refusal to obey orders given in accordance with paragraph 2
will be considered an act detrimental to the opponent according to article 34 of the Second convention.

4. A party to the conflict may, as soon as possible before sailing to inform the opposite side of the name,
the technical data, the expected time of departure, course and estimated speed of the medical ship or
vessels, mainly in case of ships weighing more than 2 000 gross tons, and may provide any other
information that would facilitate identification and recognition. The opposite party shall acknowledge receipt of such information.

5. The provisions of article 37 of the Second convention shall apply to medical and religious personnel who
located on such ships and vessels.

6. The provisions of the Second convention shall apply to the wounded, sick and shipwrecked referred to in article 13
The second convention and in article 44 of this Protocol who find themselves on board such medical
of ships and vessels. Civilian wounded, sick and shipwrecked who do not belong to any of the categories listed in
article 13 of the Second convention, they will not, if located at sea, at the side, which is not their own
aside, or forced to leave these ships or vessels. However, if the find themselves in the power of the party in
the conflict, which is not their own party, will be covered by the Fourth convention and this Protocol.

Article.24
Protection of medical aircraft



Medical aircraft shall be respected and protected in accordance with the provisions of this section.


Article.25
Medical aircraft in areas not under the control of the opposite party



In the land areas and airspace above them, which are physically controlled
friendly forces, or in sea areas and the airspace above them, which are not physically
controlled by the opposite party, the respect and protection of medical aircraft of parties to the conflict is not
dependent on the agreement with the opposite party. However, a party to the conflict, that uses its medical aircraft in
such areas may, for greater safety, to inform in accordance with article 29 of the opposite side,
especially when these aircraft during the flight they get into the realm of range of the weapons-systems "earth-air" opposite
party.


Article.26
Medical aircraft in the touch, or similar zones

1. In those parts of the touch zone, which is physically controlled by friendly forces, and over these
parts and in those areas over which physical control is not precisely determined, and in the relevant airspace
space may be the protection of medical aircraft fully effective only by prior agreement
between the competent military authorities of the parties in the conflict, as laid down in article 29. Even if there is such
agreement, medical aircraft flying at their own risk respected if they are as such
recognized.

2. "Touch zone" is any area on land where the front of the unit involved, the parties are
each other in touch, especially there, where they are exposed to direct fire from the ground.

Article.27
Medical aircraft in areas controlled by the opposite party



1. Medical aircraft of parties to the conflict will be protected while flying over land or sea areas,
which is physically controlled by the opposite party, provided it has been obtained the prior consent of the
the competent authorities of the opposite parties with such of years ago.

2. Medical aircraft flying over areas controlled physically the opposite party, without having to have
the consent of the foreseen in the paragraph 1, or has departed from the conditions, on the basis of which such approval has been
given, due to navigation errors or due to exceptional circumstances, which relates to the safety of flight,
will try for his identification and informed the opposite party about such circumstances. Once
is a medical aircraft the opposite party detected, will make this party all reasonable efforts to
gave the command to land on the ground or on the water, as it foresees in article 30 paragraph 1, or to take any other
measures for the protection of their interests, and in any case will provide the aircraft time for compliance, before
before deciding on the plane attack..
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Article.28
The restriction of the use of medical aircraft



1. The parties to the conflict shall be prohibited from using their medical aircraft to achieve any
military advantages over the opposite party. The presence of medical aircraft shall not be used to protect the
military objects before the attack.

2. Medical aircraft shall not be used for the collection or reporting of the military
character and shall not have on board a device designed for such a purpose. It shall be prohibited to them to carry
person or costs, which are not included in the definition contained in article 8 letter b). The transport of personal
uppers of persons who are on board, or device intended only for the purposes of navigation, communications or
the identification shall not be considered as prohibited.

3. Medical aircraft shall not carry weapons except for small arms and ammunition, which were
taken from the wounded, sick and shipwrecked who are on board, and which have not yet been transmitted to the competent
services, and light personal weapons are necessary to enable a medical staff that is on board,
could defend themselves and the wounded, sick and shipwrecked, who are in his care.

4. During the years referred to in articles 26 and 27 shall not be the health of the aircraft used to search for
the wounded, the sick and the survivors, if the opposite party did not give prior consent.

Article.29
Notifications and agreements concerning medical aircraft



1. Notifications under article 25, or requests for the granting of prior approval pursuant to articles 26, 27, 28
paragraph 4, or 31 must contain information about the expected number of medical aircraft, their flight
the plans and means of identification and must include the assurance that every flight will be carried out in accordance with the
article 28.

2. The party who receives the notification referred to in article 25, immediately confirms its reception.

3. The party which receives a request for granting prior approval referred to in articles 26, 27, 28 paragraph 4
or 31, shall communicate as quickly as possible to the requesting party:
a) that the request meets,
b) that the request is rejected, or
c) of reasonable alternative proposals in response to the request. It may also propose prohibition or restriction
other flights in the relevant area at the relevant time. If the requesting party accepts the alternative
the proposals, shall notify their acceptance of the other side.

4. Parties shall take measures necessary to ensure that notifications and agreements have been made as soon as possible
5. The parties shall take also measures necessary to ensure that as quickly as possible informed about the nature of such
notifications and agreements relevant military units and instructed them on the means of identification, which will be
these medical aircraft used.


Article.30
Landing and inspection of medical aircraft



1. Medical aircraft flying over areas physically controlled the opposite side or above the
areas whose physical control is not precisely defined, can be commanded to according to the situation landed
on the ground or on the water, so that it could be subject to an inspection in accordance with the following paragraph.
Medical aircraft must such a command to obey.

2. If such a plane lands on land or water, on the basis of the command or for other reasons,
may be subject to inspection only in order to determine whether it matches the conditions mentioned
in paragraphs 3 and 4. Such inspection shall be commenced without delay and must take place quickly. Party
that performs the tour, will not require the wounded and sick left the plane, if it is not
necessary for the fulfilment of the purpose of the tour. This party in any case shall ensure that the condition of the wounded and sick
was not adversely affected by the inspection or their departure from the aircraft.

3. If the inspection shows that the aircraft:
and) is a medical aircraft referred to in article 8 letter j),
b) does not violate the conditions prescribed in article 28 and
c) moved without prior consent or in violation of this consent in cases where
such consent is required, you will be able to aircraft and persons on board belonging to the opposite side or neutral or else
a state which is not a party to the conflict as soon as possible to continue the flight.

4. If the inspection shows that the aircraft:
a) is not a medical aircraft referred to in article 8 letter j),
b) violates the conditions prescribed in article 28, or
a) c) flew without the prior consent or in violation of this consent in cases where such
consent is required,

the aircraft may be seized. With the persons on board will be treated according to the relevant provisions of the
Of the conventions and of this Protocol. Seized the plane, which has previously been marked as a permanent medical aircraft,
it can then be used only as a medical aircraft.

Article.31
Neutral or other states not parties to the conflict



1. Medical aircraft may fly over the territory of a neutral or other state not a party in the
conflict, and the such territory land only on the basis of the previous agreement. If such an agreement exists,
will this aircraft be respected throughout their flight and during any stops on this
territory. But they must obey under the circumstances, any orders for the landing on land or on the water.

2. If a medical aircraft flying over the territory of a neutral or other state not a party in the
conflict, without previous agreement, or deviating from conditions set by the agreement for reasons
navigation errors, or for exceptional circumstances related to safety of flight, shall make every effort to
submitted information about their flight and their identification. As soon as such medical aircraft is identified,
make this happen adequate steps to issue a command to the landing on land or water in accordance with article 30 of the
paragraph 1, or other steps to ensure their own interests, in each case, however, will provide the aircraft
time to meet the order, earlier than against him launch an attack.

3. If the medical aircraft on the basis of the agreement or in the circumstances referred to in paragraph 2, lands
on land or water within the territory of a neutral or other state not a party to the conflict, and according to the
the command or for other reasons, will be inspected in order to determine whether it was in fact a medical aircraft. Inspection must be commenced without delay and must be performed quickly. Party
that performs the tour, will not require the wounded and sick belonging to the side that the plane sent out,
left the plane, unless it's for a tour of the necessary. The party, which carried out the tour in any
the case shall ensure that the condition of the wounded and sick was not adversely affected by the inspection or the departure from
aircraft. If the inspection shows that the aircraft is actually a medical plane, this plane
be able to with the persons on board, with the exception of those that must be detained in accordance with the standards
of international law applicable in armed conflicts, continue to fly and will him to
created the necessary conditions. If, during the inspection shows that such a plane is not a medical
plane, it will be seized and the persons on board will be treated in accordance with paragraph 4.

4. The wounded, sick and shipwrecked, with the exception of those who had to temporarily leave the medical plane,
will be with the consent of the local authorities on the territory of a neutral or other state not a party in the
the conflict, unless agreed otherwise between that state and the parties in the conflict are detained in this
state, if required by the rules of international law applicable in armed conflicts, and so,
that they could not again take part in hostilities. The cost of hospital treatment and internment shall be
reimbursed by the state, to which these persons belong.

5. Neutral or other states not parties to the conflict, will apply the terms and conditions and any
restrictions on flights of medical aircraft over its territory or landing of medical aircraft
on its territory in the same way for all parties to the conflict..
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Section III
Missing and deceased persons




Article.32
General principle



In the application of this section, action by the High contracting parties, parties to the conflict and international
humanitarian organizations mentioned in the Conventions and in this Protocol, based primarily on the rights of the
families have information about the fate of their relatives.


Article.33
Missing persons



1. As soon as circumstances permit, but no later than after the end of hostilities, each party in
the conflict will be searching for persons who have been declared missing the opposite side. This opposite
the party shall transmit any necessary information about such persons in order to facilitate the search for them.

2. To do this, in order to facilitate the collection of information pursuant to the preceding paragraph, each
party in the conflict will be in terms of persons who do not benefit from more favourable conditions under the Conventions and
of this Protocol:
a) record the information referred to in article 138 of the Fourth convention of those persons, that were
detained, imprisoned or otherwise deprived of their liberty for more than two weeks as a result
of hostilities or occupation, or who died during captivity;
b) b) as far as possible, facilitate and, if necessary, search for and record
information concerning such persons, if these persons died in other circumstances as a result
of hostilities or occupation.

3. Information on persons declared missing pursuant to paragraph 1 and requests for such information
will be forwarded directly or through the protective powers or the Central investigation services
The international committee of the Red cross or the national society of Black crosses (Red
crescent, Red lion and sun). If the information will not be passed through the International
committee of the Red cross and its central tracing service, shall ensure that each party in a conflict to such
the information was also forwarded to the Central search service.

4. Parties to the conflict shall endeavour to reach an agreement on the establishment of groups for the search, identifikacia collecting the dead from battlefields, including the agreement, if appropriate, of the accompanied by a these groups of staff
the opposite parties in the implementation of this mission in the areas controlled by the opposite party. Staff
such groups will be respected and protected solely in the performance of this mission.


Article.34
The remains of deceased persons



1. The remains of persons who died as a result of occupation or detention resulting from
occupation or hostilities and those of persons who are not citizens of the country in which died as a result of
of hostilities, they will be gently held and the graves of these persons will be maintained and marked according to the
the provisions of article 130 of the Fourth convention, if these remains or graves are not entitled to more favourable
treatment under the Conventions and this Protocol.

2. As soon as circumstances and the relations between the parties in conflict permit, the High contracting parties, on whose
territory are located the graves or other places containing the remains of persons who die in
result of hostilities or during occupation or in detention, shall conclude agreements in order to:
a) facilitating the access of relatives of the deceased persons and the representatives of the official services for the registration of
graves the graves and determining the practical measures to ensure such access,
b) the permanent protection and maintenance of such graves,
c) facilitate the return of the remains of the deceased and their personal possessions into the country at the request of this country
or, if this country does not have objection, at the request of the next of kin of deceased persons.

3. If there are no agreements provided for in paragraph 2 b) or c) and if the home country
the deceased is willing to ensure the maintenance of the graves at his own expense, the High contracting party on
whose area the graves are located, it may propose, that will facilitate the return of bodily remains of these
deceased to the home country. If such an offer is not accepted, a High contracting party may, after
a lapse of five years from the date of such offer and after relevant notification of the home country to take measures
set in its own laws relating to cemeteries and graves.
4. High contracting party in whose territory are located the graves mentioned in this article, you will be able to
exhume the remains only:
a) in accordance with paragraph 2 c) and 3, or
b) where exhumation driven by a higher public interest, including cases of medical necessity
or cases of administrative or judicial investigation; in this case, however, the High contracting
the party will always respect the remains, and will inform the home country of its intention to
exhume the remains, as well as about the details of the intended location of their new store..
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Part III
The ways and means of waging war
Status kombatantů and prisoners of war




Section I
The ways and means of waging war




Article.35
Basic rules[/subheading]

1. In an armed conflict have the parties in conflict, the unlimited right of choice of ways and means
the conduct of war.

2. It is prohibited to use weapons, ammunition, materials and methods of warfare which by their nature
caused excessive injury or unnecessary hardships.

3. It is prohibited to use methods or means of warfare, whose aim is to cause, or in
which is to be expected, to cause widespread, long-term and severe damage to the environment.

Article.36
New types of weapons



In the study, development, acquisition or introduction of new types of weapons, means or methods of leadership
war is a High contracting party is obliged to determine whether their use is not for some or for all
circumstances, be prohibited by this Protocol or any other rule of international law applicable to
this High contracting party.


Article.37
The prohibition of perfidy



1. It is prohibited to kill, injure or capture an adversary by the use of perfidy. For the treacherous shall be deemed
actions that abuse the good faith of the adversary to cause him the false presumption that he has the right to the protection
or that he is obliged to such protection provide according to the standards of international law applied in the
the armed conflicts. Examples of the perfidy of these offences:
a) the pretense of the intention to negotiate under a flag of parlamentářů or pretending to surrender,
b) pretending to inability due to injury or illness,
c) pretending to the status of a civilian person or nekombatanta,
d) the feigning of protected status of the person using brands, tags, or uniforms Organization
the united nations or of neutral or other states not parties in the conflict.

2. War ruses are not prohibited. Deceit means of such actions, whose purpose is to bring the opponent in
mislead or to induce the thoughtless conduct, which, however, do not constitute a violation of the norms of international
law applicable in armed conflict and which are not treacherous, as not to abuse the good faith of the
the adversary, in terms of the provision of the protection under this law. Examples of such war tricks are: the use of
camouflage, ambush, mock operations and misinformation.

Article.38
Accepted characters



1. It is prohibited to exploit the distinguishing marks of the red cross, red crescent, red lion and
the sun or other characters, signs or signals provided for Conventions or by this Protocol. It is also
forbidden to intentionally abuse in an armed conflict other internationally recognized protective signs,
signs or signals, including the flag parlamentářů and the protective emblem of cultural values.

2. It is prohibited to use the distinctive designation of the united nations, with the exception of cases,
which are the organisations authorised.


Article.39
State characters



1. It is prohibited to use in armed conflict of the flags or military characters, insignia or uniforms
neutral or other states not parties in the conflict.

2. It is prohibited to use the flags or military characters, insignia or uniforms of the opposite sides in the
the time of the attack or in order to cover up, aid, protection or impeding military operations.

3. No provision of this article or in article 37, paragraph 1 d) does not affect the existing generally
recognized norms of international law applicable to espionage or to the use of flags in the conduct
of armed conflict at sea.

Article.40
Grace



It is forbidden to issue orders that no one will be spared, to threaten the opponent or the result of enemy action
on this basis.


Article.41
Protection of persons opposite party excluded from the fight (hors de com bat)



1. A person who is recognized or under the circumstances should be recognised as a person hors de combat,
can not be the object of attack.
2. A person is a person hors de combat if:
a) it is in the power of the opposite party,
b) clearly expressed intention to abandon, or
c) she fell unconscious or is otherwise removed for reasons of injury or illness, and is therefore
unable to resist,

provided, that in all these cases, staying of any hostile acts and does not attempt to
about the escape.

3. If persons entitled to protection as prisoners of war, find themselves in the power of the opposite party for
unusual conditions of combat which prevent their evacuation as provided for in part III section I of the Third convention,
will be released and will be taken all possible measures to ensure their safety.


Article.42
Persons travelling on a plane



1. The person who seskakuje parachute from the aircraft, which threatens the destruction, not during the jump state
the object of attack.

2. After reaching the country on the territory controlled by the opposite party, will the person who jumped off the parachute
from the plane, is in danger of destruction, given the opportunity to give up before they become the object of attack, if
it is not clear that he was committing a hostile act.

3. Airborne units in this article are not protected.
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Section II
Status kombatantů and prisoners of war




Article.43
The armed forces



1. The armed forces of the parties to the conflict consist of all organized armed forces, groups and
units, which are under the command of the persons responsible of this side for the actions of their subordinates, and even in the
cases where a party is represented by a government or authority, which the opposite party does not recognize. These
the armed forces will be subject to internal disciplinary system which, inter alia, promote
compliance with the standards of international law applied in armed conflicts.

2. Members of the armed forces of the parties to the conflict (except medical and religious personnel, as
speak about the article 33 of the Third convention) are kombatanty, i.e. that they have the right to directly participate in hostile
events.

3. If the party in conflict shall include the auxiliary military unit or an armed component of charge
the protection of public order into its armed forces, it shall inform the other party in the conflict.

Article.44
Kombatanti and prisoners of war



1. Each kombatant, as defined in article č3, becomes a prisoner of war, if he finds himself in
the power of the opposite party.

2. Even if all kombatanti are required to adhere to the norms of international law applicable in
armed conflicts, does not relieve the violation of these rules kombatanta his right to be considered
kombatanta, or if he finds himself in the power of the opposite party, of his right to be considered a prisoner of war
with the exception of the cases referred to in paragraphs 3 and 4.

3. For the purpose of strengthening the protection of the civilian population from the consequences of hostilities are
kombatanti obliged to distinguish themselves from the civilian population in time of attack or military operations serving
the preparation of the attack. However, taking into account that there are situations in armed conflicts where, due to
the nature of the hostilities an armed kombatant can from the civilian population to distinguish, retains
status kombatanta provided, that in such situations, to wear publicly the gun:
a) during each military engagement,
b) during the period when it can be spotted by the opponent in establishing its battle formation from attack,
which to participate.
Actions that are in accordance with the requirements of this paragraph will not be considered to be treacherous in the sense of
article 37 paragraph 1 c).

4. Kombatant, who finds himself in the power of the opposite party at the time, which does not meet the requirements set out in
the second sentence of paragraph 3, he loses the right to be considered a prisoner of war, but still will be provided
protection equal in all directions of the protection provided to prisoners in accordance with the Third
the convention and this Protocol. This protection includes protection equal to the protection provided by the
prisoners of war in accordance with the Third convention in the case where such a person is tried and punished for
any illegal actions committed by.

5. Kombatant, who finds himself in the power of the opposite party in a time when not participating in the attack or the military
operations serving the preparation of the attack, does not lose the right to be considered kombatanta and prisoner-of-war in
as a result of their previous activities.

6. This article does not relieve any person of the rights, to be considered a prisoner of war according to the
article 4 of the Third convention.

7. This article is not intended to change the generally accepted practice of states relating to the uniforms, which have
wear kombatanti allocation to the regular, uniformed armed units of the parties in the conflict.

8. In addition to the categories of persons referred to in article 13 of the First and Second convention will have all the members of the
the armed forces of the parties to the conflict, as defined in article 43 of this Protocol, the right to protection in
accordance with these Conventions if they are wounded or sick, or in the case of the Second convention, if
stranded at sea or in other waters.

Article.45
Protection of persons who participated in hostilities



1. The person who will attend the hostilities and finds himself in the power of the opposite party, will be considered
prisoner-of-war, and will therefore be protected by the Third convention, if the status of the war prisoners will apply
or if it turns out that such a status has the right, or if the party on which it is dependent, asks
for her for such status on the basis of notification addressed to the powers, in whose power the relevant person
located, or on the basis of notification addressed to the powers. If there is a doubt as to whether such
a person has the right to the status of a prisoner of war, will this person continue such status have, and will therefore
protected by the Third convention and this Protocol until the time when her status will be determined by the competent court.

2. If a person, who has found herself in the power of the opposite party, is not detained as a prisoner of war and has be
this party on trial for unlawful conduct associated with hostile actions, this person will be
entitled to claim his right to the status of a prisoner of war before a court and the right to vynesenísoudního decision on this issue. If this is not in contradiction with applied management, this decision will
made before the court verdict on the infringement. Representatives of the protective powers
they will have the right to attend court proceedings, on which a decision will be made on this issue, if in
exceptional circumstances and in the interest of national security, this procedure does not take place in closed session. In
such a case power, in whose power the relevant person is located, shall notify the appropriate
way protective powers.

3. Person who participated in the hostilities and who is not entitled to the status of prisoner of war and
even the right to more favourable treatment in accordance with the Fourth convention, will have, in all cases, the right to
protection under article 75 of this Protocol. In the occupied territories will have such a person, if it is not
held as a spy, and notwithstanding the provisions of article 5 of the Fourth convention, also right on the connection according to this convention.

Article.46
Spies



1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed
forces of the parties to the conflict, who finds himself in the power of the opposite party at the time dealt with the inquisition, will not be
have the right to the status of prisoner of war and may be treated as a spy.

2. A member of the armed forces of the parties to the conflict, which for this party on the territory controlled by the opposite
the party gathers or attempts to gather information, will not be considered as a person who is
deals with the inquisition, if this activity is wearing the uniform of their armed forces.

3. A member of the armed forces of the parties to the conflict, who lives on the territory of occupied the opposite party and the
for the side on which it depends, gathers or attempts to gather information of a military
nature in this territory, shall not be regarded as a person who deals with the inquisition, if so
not in a fraudulent manner or deliberately without interpretation to secret methods. In addition, such a person
does not lose the right to the status of prisoner of war and cannot be treated as a spy, if not
captured in vyzvědačské activities.

4. A member of the armed forces of the parties to the conflict, who do not live on the territory of occupied the opposite party and the
which dealt with the inquisition in the territory, does not lose its right to the status of prisoner of war and must not
with him to be treated as a spy if he wasn't captured before they joined the armed forces, to
whom it belongs to.


Article.47
Mercenaries



1. A mercenary has no right to the status of kombatanta or prisoner-of-war.

2. A mercenary is a person who:
a) is specially engaged in the place or abroad to fight in an armed conflict;
b) indeed, it is directly participating in hostilities;
c) their participation in the hostilities motivated mainly by personal gain and party in the conflict or
her name is actually promised material rewards significantly in excess of the reward promised
or paid kombatantům of similar ranks and functions in the armed forces of that party;
d) is not a citizen of the party in the conflict doesn't even have a permanent residence on the territory controlled by a party in
conflict;
e) is not a member of the armed forces of the parties in the conflict, and
f) has not been sent by the state, which is not a party to the conflict to fulfil official tasks as a member of his
of the armed forces..
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Part IV
The civilian population




Section I
General protection against effects of hostilities




Chapter I
The basic rule and the scope of application




Article.48
The basic rule



To ensure respect for and protection of the civilian population and objects of a civilian nature will be the party in the
the conflict always make a distinction between the civilian population and kombatanty and among the objects of civil nature and
military objects and in accordance with that will lead their operations only against military objects.


Article.49
Definition of attacks and scope of application



1. "Attacks" are acts of violence against the adversary, and both offensive and defensive in nature.

2. The provisions of this Protocol relating to attacks apply to all attacks on any
territory, including the state territory of the parties to the conflict, which is, however, under the control of the opposite party.

3. The provisions of this section shall apply to any land, air or sea military
the operation, which may affect the civilian population, individual civilians or objects of a civilian nature
on the ground. Further apply to all attacks from the sea or from the air against objects on the ground, but
without prejudice to any other way the norms of international law applicable in armed conflicts on
sea or in the air.

4. The provisions of this section supplement the rules concerning humanitarian protection contained in the Fourth
the convention, particularly in part II, and in other international agreements binding for the High contracting
parties as well as other norms of international law relating to the protection of civilian persons and objects
civil nature on land, sea or in the air against the effects of hostilities.

Chapter II
Civilian persons and civilian population




Article.50
The definition of civilian persons and civilian populations



1. Civilian is a person who does not belong to any of the categories of persons referred to in article 4 A), 1), 2),
3), 6) of the Third convention and in article 43 of this Protocol. In case of doubt whether a person is a civilian person,
will such a person be regarded as a civilian.

2. The civilian population are all persons who are civilians.

3. The presence of individuals not satisfying the definition of civilians within civilian populations does not deprive the
the population of its civilian character.

Article.51
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 be in all circumstances
compliance with the following standards, which complement the other applicable norms of international law.

2. The civilian population as such, as well as individual civilians shall not be object of attack.
Violent acts or threats of violence whose primary objective is to terrorise the civilian population,
are prohibited.

3. Civilian persons shall enjoy the protection provided by this section, except where directly
participating in hostilities and for these actions.

4. Indiscriminate attacks are prohibited. To indiscriminate attacks include:
a) attacks that are not aimed on concrete military objects;
b) attacks that use the fighting methods or means which cannot be directed at
specific military objects, or
c) attacks, in which they are used fighting ways or means whose effects cannot be limited,
as required by this Protocol, so that in any such case interfere with military objects and civilian persons
or objects of a civilian nature without distinction.

5. Among other things is to be considered as indiscriminate these kinds of attacks:
and) and) attacks by bombing, regardless of the used ways or means, in which
be regarded as a single military object a number of clearly separated and distinguishable military
objects located in a town, village or other area in which are concentrated the civilian persons
or objects of a civilian nature, and
b) attacks, which can be expected, that can cause the loss of life of civilian persons, their
injury, damage to objects of a civilian character, or a combination of these cases, that would exceed the
the anticipated concrete and direct military advantage.

6. Attacks against the civilian population or civilian persons of the reasons for the reprisals are prohibited.

7. The presence or movements of the civilian population or individual civilians shall not be used to
protect certain points or areas from military operations, mainly to attempts to protect military
objects from attacks or to cover up, favoritism or disruption of military operations. The parties in the
the conflict will not control the movement of the civilian population or individual civilian persons such a way as to vindicate
the military objects before the attack, or to mask military operations.

8. Any violation of these provisions does not deprive the belligerents of their legal obligations to the civilian
population and civilians, including the obligations to take preventive security measures set out
article 57.


Chapter III
Objects of a civilian character




Article.52
General protection of objects of a civilian character



1. Objects of a civilian character shall not be the object of attack or of reprisals. Objects of a civilian character are
all objects which are not military objects, as defined in paragraph 2.

2. Attacks must be strictly limited to military objects. In terms of the objects, restrict the military
objects to those objects which by their nature, location, purpose or use are efficient
contribution to military action and whose total or partial destruction, cast or neutralization
provides under the circumstances, an obvious military advantage.

3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place for
worship, a house or other dwelling or a school, used for effective support of military actions,
it is assumed that this object is not used to support military actions.


Article.53
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, and of other relevant international documents it is prohibited to:
a) carry out any hostile acts against historic monuments, artistic goals
or places of worship that are cultural or spiritual heritage of peoples;
b) to use such objects to support the military effort;
c) to make such objects the object of reprisals.

Article.54
Protection of objects indispensable to the survival of the civilian population



1. It is prohibited to use starvation of civilians as a method of warfare.

2. It is prohibited to attack objects and to destroy, remove, or invalidate objects indispensable to the survival
the civilian population, such as food supplies, agricultural area used for food production, harvesting,
cattle, equipment for water supply, and water supply and irrigation equipment in order to avoid their
the use of the civilian population or the opposite party, and regardless of the motive, whether it's happening with
the intent to starve civilians, forcing them to leave or for other reasons.

3. The prohibitions contained in paragraph 2 will not apply to objects in this paragraph referred to, which
uses the opposite side:
a) exclusively as a means of livelihood for the members of their armed forces, or
b) it's not about the means of livelihood, then at least for the direct support of military action, but for the
provided, that in any case will not be against such objects carried out the actions that would
might in your due to leave the civilian population without sufficient food and
the water, which would cause its starvation or forced to vacate the place.

4. These objects shall not be the subject of reprisals.

5. Building on the recognition of the vital requirements of each party in the conflict while defending your
of the national territory against invasion, a party in the conflict derogovat the prohibitions contained in paragraph 2 in such a
territory under its own control, if required by urgent military necessity.
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Article.55
Environmental protection



1. In the conduct of military actions, it is necessary to take care about the protection of the environment from large-scale,
long-term and severe damage. This protection includes a prohibition of the use of methods or means
the conduct of war, whose objective is to cause such damage to the environment, or which can be expected
inflicting such damage that threatens the health or survival of the population.

2. The attacks against the environment, for reasons of reprisals are prohibited.


Article.56
Protection of structures and installations containing dangerous forces



1. 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. Other military objects located in these buildings or equipment or in their vicinity can not be the object of attack,
if such attack may cause the release of dangerous forces from those works or installations and lead
in consequence, to serious losses on the civilian population.

2. Special protection against attack provided by paragraph 1 shall cease to be valid:
a) in the case of dams or dikes only, if used for other than its normal function and
when they are used for regular, significant and direct support of military operations and if such attack is the only
a possible way to prevent such support;
b) in the case of atomic power plants only produce when the electric power for regular,
significant and direct support of military operations and if such attack is the only possible way
how to prevent such support;
c) in the case of other military objects located in such buildings or establishments or in their
near the only if used for regular, significant and direct support of military
operations and if such attack the only possible way to prevent such support.

3. The civilian population and individual civilian persons have in all cases retain the right to full
the protection afforded to them by international law, including protection on the basis of the preventive measures
laid down in article 57. If this protection ceases to be valid and the construction, equipment, or military
the objects referred to in paragraph 1 are subject to attack, they will be taken all practical measures to
the release of dangerous forces avoid.4. It is forbidden to construction, equipment or military installations referred to in paragraph 1 have become the subject of
reprisals.

5. Parties in conflict should try to neumisťovaly military objects in the vicinity of the buildings or
the device referred to in paragraph 1. Allow however device built only to defend the protected
buildings or facilities against attacks which do not become the object of attack, provided that they are not using
to the leadership of the hostilities, with the exception of defensive actions necessary to repel attacks against protected
buildings or equipment, and are armed exclusively with weapons capable only to repel the attack of the adversary
against protected buildings or facilities.

6. The high contracting parties and parties to the conflict are urged to conclude between themselves other agreements for the
the purpose of securing additional protection of objects containing dangerous forces.

7. In order to facilitate the identification of the objects protected by this article, may is party in the conflict
mark a special sign consisting of a group of three bright orange circles placed on the same
axis, as laid down in article 16 of annex I to this Protocol. The absence of such marking in no
the case does not relieve the parties to the conflict their obligations arising from this article.


Chapter IV
Preventive measures




Article.57
Precautions in attack



1. In the conduct of military operations must be given constant care, to be spared the civilian
population, civilian persons and objects of a civilian nature.

2. In terms of attacks, it is necessary to take the following preventive measures:
a) those who plan to attack or decide:
i) will do everything possible to ensure that the objective of the attack are not civilians, nor objects of a civilian
nature, not objects of special protection, but that they are military objects within the meaning of paragraph 2
article 52 and that it is not prohibited in accordance with the provisions of this Protocol to attack them;
ii) take all feasible precautions in the choice of means and methods of attacks with the aim of
prevent, and in any case, the maximum limit of accidental loss of life of civilian persons
the number of injured civilian persons and damage of objects of a civilian nature;
iii) fails to commence the attack, for which one can assume will cause incidental loss of life civilníchosob, injury to civilians, damage to objects of a civilian character, or a combination of these cases,
that would exceed the anticipated concrete and direct military advantage;
b) the attack will be revoked or suspended if it becomes apparent that the object is not a military object or
subject to special protection or that the attack could cause incidental loss of life of civilian
persons, injury to civilians, damage to objects of a civilian character, or a combination of these cases,
that would exceed the anticipated concrete and direct military advantage;
c) it is necessary to issue in due time and impressive means of warning before the attacks,
which may affect the civilian population, unless circumstances do not permit.

3. If the opportunity to choose between several military objects to achieve the same military advantage, will be
selected the object which is to be expected, that the attack on him will cause the least endangering the lives of civilian
persons and objects of a civilian nature.

4. In the conduct of military operations at sea or in the air will make each party in the conflict, in accordance
his rights and obligations according to the norms of international law applicable in armed
conflicts all reasonable precautions to prevent the loss of lives of the civilian
the population and damage of objects of a civilian nature.

5. No provision of this article shall be interpreted so as to justify attacks against
the civilian population, civilian persons or objects of civil rázuČl.58
Preventive measures against the effects of attacks

The parties in the conflict to the maximum extent possible:
a) without prejudice to article 49 of the Fourth convention, shall take measures, to have been from near the
military facilities relocated individual civilians, the civilian population and objects
civil nature under their control;
b) shall avoid placing military objects in densely populated areas or to their
near;
c) take the other necessary precautions to protect the civilian population, individual
civilian persons and objects of a civilian nature under their control against the dangers arising from
military operations.


Chapter In
Places and zones under special protection




Article.59
Wide open space



1. The parties in the conflict is prohibited to attack by any means on undefended places.

2. The competent authorities of the parties to the conflict may declare undefended place any populated place
in the zone of contact of the armed forces or in its vicinity, which is open for occupation of the opposite party. Such
the site must meet the following conditions:
a) all kombatanti, as well as mobile combat means and mobile military equipment must be
evacuated;
b) permanent military structures or equipment must not be used for hostile action;
c) the authorities or the population may not commit hostile acts;
d) must not be carried out actions in support of military operations.

3. The presence of persons specially protected under the Conventions and this Protocol, and of police forces retained
for the purpose of maintaining law and order in a place like this is not in violation of the conditions laid down
in paragraph 2.

4. A declaration made under paragraph 2 shall be addressed to the opposite side of and must define the apopisovat as accurately as possible the boundaries of nebráněného places. A party to the conflict, which is such a statement
addressed shall acknowledge its receipt and will be with this place treat as nebráněným, unless the conditions
set out in paragraph 2 were not in fact fulfilled, in which case it will immediately
inform the party who made the statement. Even if the conditions laid down in paragraph 2 are not met,
such a place will continue to benefit from the protection provided by other provisions of this Protocol and
other norms of international law applicable in armed conflicts.

5. Parties to the conflict may agree on the establishment of nebráněných places even if such places
do not meet the conditions laid down in paragraph 2. The agreement will be to define and describe as precisely as possible
border nebráněného places; in case of necessity may establish a means of control.

6. The party that controls the place, which is the subject of the agreement, it shall identify, to the extent possible,
signs, which may be agreed with the other party and which will be placed in clearly visible
places, especially along its perimeter, to the borders and the roads.

7. Region loses the status of nebráněného places, when it ceases to meet the conditions set out in paragraph 2
or agreement referred to in paragraph 5. In this case, this place will continue to enjoy the protection of
provided in other provisions of this Protocol and other rules of international law applicable
in armed conflicts..
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Article.60
Demilitarized zone



1. The parties in the conflict is prohibited to extend military operations into zones, which, in agreement
provided the status of demilitarized zone, if such extension is contrary to the terms of this agreement.

2. This agreement shall be the agreement explicit, it can be concluded in oral or in written form,
directly or through the protective powers or an impartial humanitarian organization, and may have
form of mutual and identical statements. The agreement may be concluded in peacetime, as well as after
the outbreak of hostilities, and shall define and describe as precisely as possible the boundaries of the demilitarized zone
and in the case of the need to establish a means of control.

3. The subject of such an agreement can be any zone which fulfils the following conditions:
a) all kombatanti, as well as mobile combat means and mobile military equipment must be
evacuated;
a) b) permanent military structures and equipment must not be used for hostile action;
b) the authorities and the population must not commit hostile acts,
c) all activities associated with the military effort must be stopped.

Parties to the conflict shall agree on the interpretation of the conditions laid down in subparagraph d) and on persons,
that in addition to the persons referred to in paragraph 4 shall be introduced into the demilitarized zone.

4. The presence of persons specially protected under the Conventions and this Protocol, and of police forces retained
for the purpose of maintaining law and order in this zone is not in conflict with the conditions laid down in
paragraph 2.

5. The party, in whose power such zone is located, it shall be, to the extent possible, by signs, that
may be agreed with the other party and which will be placed in clearly visible locations, especially
after its perimeter, to the borders and the roads.

6. If the fighting gets closer to the demilitarized zone, and if the parties in conflict so agreed, none of the
them may use the zone for purposes related to the leadership of military operations or unilaterally revoke its
status.

7. If one of the parties to the conflict commits a gross violation of the provisions of paragraphs 3 or 6,
the other party will be relieved of its obligations under the agreement conferring such a zone the status of demilitarized
zone. In such a case, the zone loses its status but shall continue to enjoy the protection provided to other
the provisions of this Protocol and other rules of international law applicable in armed conflicts.

Chapter VI
Civil defense




Article.61
Definition and scope



For the purposes of this Protocol:

1. "Civil defense" is the performance of some or all of the below-mentioned humanitarian tasks, which
the aim is to protect the civilian population against the dangers, help him to remove the immediate effects of
of hostilities or disasters and also to create the necessary conditions for its survival. These tasks are:
a) hlásné services;
b) evacuation;
c) organizing and providing shelters;
d) a darkening;
e) rescue work;
f) medical services, including first-aid and also religious assistance;
g) fighting fires;
h) detection and marking of dangerous areas;
i) decontamination and similar protective measures;
j) provision of emergency accommodation and supplies;
to) immediate aid in rebuilding and maintaining order in the affected areas;
l) the immediate repair of essential public facilities;
m) immediate burial services;
n) assistance in the protection of objects necessary for survival;
o) complementary activities necessary to fulfill the above tasks, including planning and organizing,
but not restricted to this activity.

2. "The organization of civil defense" are the institutions and units which are organized or authorized
the competent authorities of the parties in the conflict to carry out the tasks referred to in paragraph 1 and which are intended and
used exclusively to perform these tasks.

3. The "staff" organizations of civil defense are the a person designated as a party to the conflict exclusively to the performance of
the tasks referred to in paragraph 1, including personnel assigned by the competent authorities of that party exclusively to the
the management of these organizations.

4. "Material" organization of civil defense equipment, supplies and means of transport used by these
organizations to carry out the tasks referred to in paragraph 1.Article.42
General protection

1. Civil organization of civil defense and their personnel will be respected and protected in accordance with
the provisions of this Protocol, particularly the provisions of this section. Will have the right to fulfill imposed on them
the tasks of civilian defense except in cases of urgent military necessity.

2. The provisions of paragraph 1 will also apply to civilians who, although not members of civilian
organisations of civil defense, carry out the tasks of civil defense on the basis of the challenges for the competent authorities and under their
control.

3. Article 52 this Protocol shall apply to buildings and material used for civil defence and
also at the shelters provided to the civilian population. Objects used for civil defence shall not
no one except the party they belong to, destroy, or identify another use.

Article.63
Civil defence in occupied territories



1. In the occupied territories, they get a civilian organization of civil defense from relevant institutions to support
necessary for the performance of their tasks. In any case not be their staff forced to work, which would
make it difficult for the proper performance of these tasks. The occupying power shall not perform changes in the structure or
the staff of these organizations so as to jeopardize the effective performance of their tasks. For these organisations cannot be
apply to give priority to citizens or to the interests of this power.

2. The occupying power shall not compel, coerce or encourage civil organizations of civil defence to carry out
your tasks in a manner that would be prejudicial to the interests of the civilian population.

3. The occupying power may disarm the staff of civil defense for security reasons.

4. The occupying power must not use the buildings or material belonging to or used by the organisation
civil defense for any other purpose, nor is the requisition, if such other use or seizure of
harm the civilian population.

5. Provided, that the general rule in paragraph 4 continues to perform, can the occupying power, these
means to seize or determine for any other purpose under these specific conditions:
a) that the building or material are necessary for other needs of the civilian population and
b) that the seizure or other designation lasts only for the period of such needs.

6. The occupying power must not be used for any purpose other shelters intended or necessary for the civilian population
and neither is the fun.Article.64
Civil organization of civil defense of neutral or other states,
that are not parties to the conflict, and the international organization for the coordination of civil defense

1. Articles 62, 63, 65 and 66 shall also apply to personnel and material civil organizations civil defense
neutral or other states not parties to the conflict and which perform the tasks of civil defence referred to in
article 61 in the territory of parties in conflict, with the consent of and under the control of that party. Notice of such
help must be made as soon as possible all the relevant opposite parties. In any case
can't consider this action as interference in the conflict, but this activity must be carried out with due
regard to the security interests of the relevant parties in the conflict.

2. Parties to the conflict receiving assistance referred to in paragraph 1 and the High contracting parties, that
such assistance is provided, must in the case of the need to facilitate international coordination of such activities in the
the field of civil defense. In such cases the relevant international organisations subject to the provisions of
of this chapter.

3. In occupied territory the occupying power to exclude or restrict the activities of civilian organisations
civil defense of neutral or other states not parties in the conflict, and the international
coordination of organizations just in that case, if it can ensure the adequate performance of the tasks of civil defence
from its own resources or from the resources of the occupied territory..
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Article.65
Termination of protection



1. The protection to which they have a right to a civilian organization of civil defense, their personnel, buildings, shelters and
the material ends up only in that case, if in addition to their own tasks, carry out activities, or are
used to the activity, which damages the opponent. Protection may, however, end up after the warning, in which
if necessary, set a reasonable period of time, and then, when this warning has remained without effect.

2. For activity detrimental to the opponent will not consider this activity:
a) the performance of the tasks of civil defense under the direction or control of military authorities; 4. The creation of civil organizations of civil defence according to military pattern and even the fact that the service in them
is declared to be compulsory, do not deprive civil organizations of civil defence protection provided by this
chapter.


Article.66
Identification



1. Each party to the conflict shall endeavour to ensure that its organization of civil defense, their staff,
the building and materials have been identifiable if they are exclusively intended for the execution of the tasks of civil defense.
So they have to be identifiable shelters designed for the civilian population.

2. Each party to the conflict shall also endeavour to adopt and apply methods and procedures that allow you to
recognition of civilian shelters and also the staff of civil defense, buildings and materials, on which it is placed
international cognitive character of civil defense.

3. In occupied territory and in areas where there is fighting or where the battles likely
occurs, must be a civilian staff of civil defense identified using the international rozeznávacích
characters of civil defense and the identity cards confirming their status.

4. International rozeznávacím sign of civil defence is, if used for protection of organizations
civil defense, their personnel, buildings and materiel and for civilian shelters, a blue isosceles triangle on the
an orange background.

5. In addition to this, advanced pattern recognition of a character can parties to the conflict agree to the use of
rozeznávacích signals for the purpose of identification of the civil defence.

6. The application of the provisions of paragraphs 1 to 4 is governed by chapter v of The annex to this Protocol.

7. In time of peace may be a cognitive character described in paragraph 4 used with the permission of the relevant
state authorities for the purposes of identification of the civil defence.

8. The high contracting parties and parties to the conflict shall take the measures necessary to control the placement of
international rozeznávacích characters of civil defense and for the prevention and sanction their abuse.

9. Identification of medical and religious personnel, civil defence, medical units and
medical means of transport is regulated also in article 18

Article.67
Members of the armed forces and military units
allocated to the organisations of civil defense



1. Members of the armed forces and military units assigned to the organizations of civil defense will be
respected and protected, provided that:
a) such personnel and such units are permanently assigned and exclusively dedicated to the performance of the tasks referred 2. Military personnel serving in the organizations of civil defense will have the status of prisoner-of-war,
if he finds himself in the power of the opposite party. In the occupied territory may be used, if it was necessary
for the tasks civil defense, but only in the interest of the civilian population of such a territory, however, if it is
such work is dangerous, then only provided that the tasks associated with it will comply on a voluntary basis.

3. Buildings, installations and means of transport of military units allocated to the organisations of civil
the defense must be clearly marked with the international rozeznávacím sign of civil defence. This fat recognition
the character must be sufficiently large.

4. Material and buildings of military units permanently assigned to organizations of civil defense and designated
exclusively to the performance of the tasks of civil defense will continue to be subject to the laws of war, if they fall into the hands of the
the opposite side. Can not be used otherwise than for the purposes of civil defence, until there is a need to perform the tasks
civil defense except in cases of urgent military necessity, if not previously taken measures to
ensure the needs of the civilian population.


Section II
Assistance to the benefit of the civilian population




Article.68
The scope of application



The provisions of this section is applied to the civilian population, as defined in this Protocol, and
following articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth convention.


Article.69
Basic needs in occupied territories



1. In addition to the obligations listed in article 35 of the Fourth convention concerning food supply and
health needs will ensure the occupying power also to the greatest extent possible from the funds that has to
available, and without any adverse distinction clothing, bedding, shelter and other basic resources
necessary to the survival of the civilian population of the occupied territory, and also the objects necessary for the holding of the
of worship.

2. Auxiliary actions in favour of the civilian population of occupied territories are governed by articles 59, 60,
61, 62, 108, 109, 110 and 111 of the Fourth convention and article 71 of this Protocol and must be implemented without
delay.

Article.70
Auxiliary action



1. If the civilian population of any territory, which, without it would be occupied territory, is located
under the control of one of the parties in the conflict, will not be sufficiently secure supplies referred to in article
69, will be taken the relief actions of a humanitarian and impartial character, which will be carried out
without any adverse distinction on the basis of the agreement of the parties, to which these auxiliary actions relate. Deals
such assistance will not be considered as interference in the armed conflict or as hostile acts.
In the distribution of supplies in the framework of this assistance will be given preference to such persons, such as children,
pregnant women, expectant mothers and nursing mothers, which under the Fourth convention or under this Protocol shall enjoy
special benefits or special protection.

2. Parties to the conflict and each High contracting party shall allow and facilitate rapid and smooth transport of
all supplies, equipment and personnel in accordance with this section, even in the case that this assistance is intended
for the civilian population of the opposite party.

3. Parties to the conflict and each High contracting party which allow the transport of supplies, equipment and
the staff, with the aim of assistance provided in accordance with paragraph 2:
a) will have the right to determine the technical arrangements, including inspection, compliance with which will be a condition for
to enable this transport;

b) will be able to make this authorisation by the distribution of this assistance will be carried out under local
the control of the protective powers;
c) in any way does not make use of supply in the framework of this assistance for any purpose other than that for which they are
intended, and shall not delay their delivery, except in cases of urgent necessity in the interest of civil
the population, which it refers to.

4. Parties to the conflict shall protect deliveries under the assistance and facilitate their rapid distribution.

5. Parties to the conflict and each High contracting party, which it refers to, will promote and facilitate
effective international coordination of these auxiliary actions referred to in paragraph 1.

Article.71
Personnel participating in relief efforts



1. In the case of necessary support staff form part of the assistance provided in the framework of any
auxiliary action, and in particular for the purpose of transportation and distribution of supplies in the context of this assistance. Participation
such personnel will be dependent on the consent of the party in whose territory has the staff to perform their
obligations.

2. This staff will be respected and protected.

3. On receipt of supply in the framework of this assistance, each party will to the extent possible to assist
the staff referred to in paragraph 1 in the performance of his mission. Only in case of urgent military necessity
may be the activity of this staff or its movement is temporarily restricted.

4. Under no circumstances may such personnel exceed the scope of their mission under this Protocol.
Above all, it must take into account the security requirements of the party in whose territory he pursues his duties.
The activity of any member of staff who does not respect these conditions, it can be stopped..
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Section III
The treatment of persons who are in the power of the parties to the conflict




Chapter I
The scope of application and protection of persons and objects




Article.72
The scope of application



The provisions of this section complement the rules of humanitarian protection of civilian persons and objects of a civilian nature,
which are in the power of the parties to the conflict contained in the Fourth convention, particularly in part I and III, as well as
other rules of international law applicable to the protection of fundamental human rights in international
the armed conflicts.


Article.73
Refugees and persons without nationality

i

Persons who have been before the start of hostilities considered as stateless persons
or as refugees in accordance with relevant international documents adopted by the relevant parties or
in accordance with the legislation of the state in which the fled or the state in which they reside, will be
protected persons within the meaning of parts I and III of the Fourth convention in all circumstances and without any
the adverse difference.


Article.74
The merging of divided families



The high contracting parties and parties to the conflict strongly facilitates the reunification of families divided as a result
armed conflict and will support in particular the activities of humanitarian organizations engaged in
this task in accordance with the provisions of the Conventions and of this Protocol and in accordance with their respective
safety regulations.

Article.75
The basic guarantee



1. Persons who are in the power of the parties to the conflict, they have, if they are affected by the situations referred to in article
1 of this Protocol and do not receive more favourable treatment in accordance with the Conventions or this
Protocol, the right to humane treatment in all circumstances and at the very least they will enjoy the protection of
laid down in this article 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. Each party will respect the
person, honour, convictions and religious acts of all such persons.

2. In every age and in every place, regardless of whether they are committed by representatives of the civilian or
the military authorities, are and shall remain prohibited these actions:
a) danger to life, health, or physical or mental condition of persons, in particular:
i) murder;
ii) torture of all kinds, whether physical or mental;
iii) corporal punishment and
iv) mutilation;
b) an affront to personal dignity, especially humiliating and insulting treatment, forced prostitution and
any form of indecent assault;
c) prevent the hostages;
d) collective punishments
e) threats to do any of the above offences.

3. Any person detained, imprisoned or interned for actions related to armed conflict
will be in a language which he understands, instantly informed why these measures have been taken. With the exception of
cases of incarceration or detention for criminal offences, these persons are released as soon as possible
and in any case immediately afterward, when no longer exist circumstances warranting imprisonment, arrest or internment.

4. No sentence shall be passed and no penalty may be executed on a person found
guilty of a criminal offence related to the armed conflict except where the judgment was
handed down by an impartial and properly constituted court that respects the generally accepted principles of sound
court proceedings, which include guarantees that
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 shall provide to the defendant before the proceedings and during the proceedings
all 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 prosecuted or sentenced for an act or omission which did not constitute a crime
according to the legislation of the state or of international law, applicable to such person at the time
committing the aforementioned acts or omissions. As well as will not be imposed a heavier penalty than what
could be saved at a time when the crime was committed. If a law issued after committing
offense to a lighter punishment, this law will be applied in favour of the offender;
d) every defendant will be considered innocent until will not be in accordance with the law
proven guilty;
e) every defendant will have the right to take legal proceedings held in his presence;
f) no one will be forced to testify against himself or to confess to guilt;
g) every defendant has the right to examine or have examine witnesses testifying against him and the right
the presentation and examination of witnesses testifying in his favor under the same conditions as witnesses
evidence against him;
h) no one will be prosecuted or punished by the same party for an offence for which he has already been handed down
the ultimate judgment of acquittal, or convicting the person under the same law and of the court of
management;
i) each defendant has the right to have judgment rendered publicly;
j) a convicted person will, upon conviction, be communicated, what has a legal and other remedies
resources and deadlines, which may apply.

5. Women whose freedom is restricted for reasons related to the armed conflict, will be placed
separately from the men. Will be under the immediate supervision of women. However, in cases where they are detained
or interned the family, will be in the case of options placed on the same place and accommodated as family
units.

6. Persons who are arrested, detained or interned for reasons related to the armed
conflict, enjoy the protection laid down in this article even after the termination of the armed conflict until
their final release, repatriation or resettlement.

7. To avoid any doubt concerning the prosecution and trial of persons accused
of war crimes or crimes against humanity, will be applied the following principles:
a) persons accused of these crimes will be prosecuted and judged in accordance with the applicable standards
international law and
b) all persons who do not benefit from more favourable treatment in accordance with the Conventions or this
By the protocol, will be treated under this article regardless of whether the crimes of which they are
charged, or not a serious violation of the Conventions or of this Protocol.

8. Any of the provisions of this article shall not be construed as limiting or undermining any
other more favourable provisions providing, in accordance with the applicable norms of international law more protection
persons referred to in paragraph 1..
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Chapter II
Measures in favour of women and children




Article.76
The protection of women



1. The women will be taken into special account and will be protected particularly against rape, forced
prostitution and any other form of indecent assault.

2. Pregnant women and mothers of small, and their dependent children, who were trapped, delayed, or
interned for reasons related to the armed conflict, have the right to have their case has been
discussed as a priority.

3. Parties to the conflict shall to the maximum extent possible seek to ensure that the verdict was the death sentence over
pregnant women or mothers of young and dependent children for a criminal offence related to the armed
conflict. Death penalty for such offences will not be on these women carried out.


Article.77
The protection of children



1. The children will be taken into special account and will be protected against any form of indecent assault.
Parties to the conflict ensure the protection and help they need due to their age and other
reasons.

2. Parties to the conflict shall take all possible measures to children who have not attained the age of 15 years, right
did not participate in the hostilities, and above all to refrain from is povolávaly into their armed
forces. In recruiting persons who have reached the age of 15 years, but have not attained the age of 18 years, the parties will in
the conflict try to give priority to the elderly.

3. If, in exceptional cases, and despite the provisions of paragraph 2, children who have not attained the age of 15
years, directly participate in hostilities and fall into the power of the opposite party, they will continue to enjoy
the special protection provided by this article regardless of whether they are prisoners of war.

4. In the case of imprisonment, detention or internment for reasons associated with the armed conflict will be
children placed separately from adults, with the exception of those cases when the family will be accommodated as a family
units in accordance with article 75 paragraph 5.

5. Death penalty for a criminal offence related to the armed conflict will not be executed on persons who
not attained the age of 18 years at the time the act was committed.

Article.78
The evacuation of children



1. No party in the conflict do not take action to evacuate the other children than the children of their members to
foreign country except for a temporary evacuation on grounds of urgency, which is related to the medical condition or
treatment of children or, if they are not in the occupied territory, their safety. In cases
where can be found the parents or legal guardians, it is necessary for the evacuation of their written
consent. If these persons cannot be found, it should be written consent with this evacuation from the
persons, which by law or practice, bear the main responsibility for the care of children. Over each such
the evacuation will be supervised protective power, in agreement with stakeholders, especially with the party
to ensure the evacuation, the party receiving the children and the parties whose nationals are being evacuated. In any
the case will make all the parties to the conflict take all possible preventive measures to the evacuation was not
compromised.

2. In all cases the evacuation is made pursuant to paragraph 1 will each child at all times with
the greatest possible continuity of access to education, including religious and moral education according to the wishes of his parents.

3. In order to facilitate the return of children evacuated pursuant to this article to their families and to their
the country, the authorities of the party arranging for the evacuation, and if this should be expedient, the authorities of the receiving country shall issue a
each child a card with photographs,which will be sent to the Central search service of the International
Of the red cross. Each card will contain, depending on the options and if it will mean harm
or risk to the safety of the child, the following information:
a) the surname of the child;
b) the name (poss. name);
c) the sex of the child;
d) place and date of birth (if date is not known, so the approximate age);
e) the full name of the father;
f) full name of mother and her maiden name;
g) the nearest relatives of the child;
h) nationality of the child;
i) the native language of the child and all other languages, spoken;
j) the address of the child's family;
k) any identification number of the child;
l) the child's health;
m) blood group;
n) a special sign;
a) the date and place where the child was found;
p) the date and place where the child left the country;
q) religion of the child, if it has;
r) the current address of the child in the receiving country;
s) in the event of the death of the child before the return date, place and circumstances of death and place of his burial.
Chapter III
Journalists


Article.79
Measures to protect journalists



1. Journalists performing dangerous professional assignments in areas of armed conflict shall be considered
for the civil person within the meaning of article 50 paragraph 1.

2. As such, they will be protected under the Conventions and this Protocol, provided that they not make any
action incompatible with their status of civilian persons, and shall not prejudice the right of war correspondents
accredited by the armed forces on the consumption status within the meaning of article 4 A), 4) of the Third convention.

3. They can get personal license conforming to the model in annex II to this Protocol. This card
which will be issued by the government of the state whose national is a journalist is, or in whose territory he has his permanent residence
or on whose territory is located the information agency which employs him, will confirm his status
journalist..
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Part In
Implementation of the Conventions and of this Protocol




Section I
General provisions




Article.80
Implementing measures



1. The high contracting parties and parties to the conflict shall, without delay, all necessary measures to
the implementation of the commitments, which are assigned to the Conventions and by this Protocol.

2. The high contracting parties and parties to the conflict shall issue orders and instructions to ensure observance of the Conventions and
this Protocol and will keep an eye on their implementation.
Article.81
The activities of the Red cross and other humanitarian organisations

1. Parties to the conflict shall provide the International committee of the Red cross in the framework of its possibilities
all funds for the performance of the humanitarian functions assigned to it the Conventions and this Protocol
in order to ensure the protection of and assistance to victims of the conflict. The international committee of the Red cross can
also carry out any other humanitarian activities in favour of these victims, with the consent of the relevant
the parties in the conflict.

2. Parties to the conflict shall provide its competent organisations of the Red cross (Red crescent,
The red lion and sun) the means necessary for the performance of their humanitarian activities in favour of victims
conflicts in accordance with the provisions of the Conventions and of this Protocol and the fundamental principles of the Red cross
along the lines envisaged at the international conferences of the Red cross.

3. The high contracting parties and parties to the conflict all the possible ways to help organisations
Of the red cross (Red crescent, Red lion and sun) and the League of Red cross
in providing assistance to victims of conflicts in accordance with the provisions of the Conventions and of this Protocol and is
the fundamental principles of the Red cross set out at international conferences of the Red cross.

4. The high contracting parties and parties to the conflict shall, if possible, the means similar to
those referred to in paragraphs 2 and 3, the other humanitarian organisations referred to in the Conventions
and in this Protocol which are duly authorised by the relevant parties in the conflict and which perform
their humanitarian activities in accordance with the provisions of the Conventions and of this Protocol.


Article.82
Legal advisers in armed forces



The high contracting parties at any time and parties to the conflict in time of armed conflict, shall ensure that
they were available to legal advisers who could, if necessary, to provide military commanders on the
the appropriate level of legal advice regarding the application of the Conventions and this Protocol and on appropriate instructions,
to be in this direction to the armed forces awarded.


Article.83
The spread of Conventions



1. The high contracting parties undertake, in time of peace, as well as in time of armed conflict to spread
in their countries of the Convention and this Protocol as widely as possible and that, in particular, their study be included in the
programmes of military training and will support their study of the civilian population to
these documents met the armed forces and the civilian population. 2. Military or civilian authorities, which in times of armed conflict, assume responsibility for
the application of the Conventions and of this Protocol must be fully acquainted with their texts.


Article.84
Rules of application



1.The high contracting parties shall communicate as soon as possible, through the depositary, if applicable
through the protective powers their official translations of this Protocol, as well as laws and regulations,
which they have adopted to ensure its application.
2. Military or civilian authorities, which in times of armed conflict, assume responsibility for
the application of the Conventions and of this Protocol must be fully acquainted with their texts.
2. Military or civilian authorities, which in times of armed conflict, assume responsibility for
the application of the Conventions and of this Protocol must be fully acquainted with their texts.

Section II
Prosecution for violations of the Conventions and of this Protocol




Article.85
Prosecution for violations of this Protocol


1. The provisions of the Conventions relating to the prosecution for violations and serious violations, supplemented by this section, will be subject to prosecution for a breach and a serious breach of this Protocol.
2. Actions qualified as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of the opposite party protected by article 44, 45 and 73 of this Protocol or against the wounded, sick and shipwrecked of the opposite party protected by this Protocol, or against medical or spiritual personnel, medical units or medical transport means, which are under the control of the opposite parties and are protected by this Protocol.
3. Appendix to the serious violations defined in article 11 will be considered serious violations of this Protocol, when committed intentionally, producing thus a violation of the relevant provisions of this Protocol, and if it causes death or serious bodily injury or harm to health, the following actions:
a) attacks against the civilian population or individual civilian persons;
b) the initiation of indiscriminate attack affecting the civilian population or objects of a civilian nature, and that with the knowledge that such attack will cause excessive loss of life, injury to civilian persons or damage to objects of a civilian character, as defined in article 58, paragraph 2 a) iii);
c) launching an attack against buildings, and equipment containing hazardous forces, if it is known that such attack will cause excessive loss of life, injury to civilian persons or damage to objects of a civilian character, as defined in article 57, paragraph 2 a) iii);
d) infestation of unprotected sites and demilitarizovaných zones;
e) assault a person about whom it is known, that it is unable to fight;
f) the treacherous use of advanced pattern recognition the emblem of the Red cross, Red crescent or Red lion and sun or of other protective characters of the accepted Conventions and by this Protocol, and thus a violation of article 37.
4. In addition to the serious violations defined in the preceding paragraphs and in the Conventions will be considered serious violations of this Protocol, when committed intentionally, producing thus a breach of the Conventions or of this Protocol, the following actions:
a) the relocation of parts of its own civilian population of the occupying power into the territory it occupies, the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, which is a violation of article 49 of the Fourth convention;
b) unjustified delay of repatriation of prisoners of war or civilians;
c) the implementation of apartheid, or committing other inhumane and degrading acts, including insults human dignity based on racial discrimination;
d) assault of a clearly recognizable historical monuments, works of art and places of worship that are cultural and spiritual heritage of peoples and to which special agreement concluded e.g. in the framework of the competent international organization granted special protection, and that has led to their considerable damage, if there is no evidence that the opposite party had violated article 53, paragraph b), and when such historic monuments, works of art and places for the holding of worship are not located in the immediate vicinity of military objects;
e) depriving a person protected by the Conventions or referred to in paragraph 2 of this article, the right to a proper and impartial legal proceedings.
5. Without injury the application of the Conventions and of this Protocol, the serious violations of these documents considered to be war crimes..
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Article
86 Omission



1. The high contracting parties and parties to the conflict must prosecute serious violations and take the necessary measures to prosecute all other violations of the Conventions or of this Protocol, which originated from the omission of the duty to act.
2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinated person, shall not relieve his superiors of criminal or disciplinary liability, according to whether they knew or had information that would enable them to under the circumstances existing at that time to conclude that the subordinate person has committed or is about to commit such violation, and if not done so all possible measures within their means to prevent the violation or to his prosecution.

Article 87 of the
The obligation of commanders



1. The high contracting parties and parties to the conflict shall require military commanders, as regards members of the armed forces under their command and other persons of their subordinates, did not suffer from violations of the Conventions and of this Protocol and that in the event of the necessity of these violations to prosecute and report about them to the competent authorities reports.
2. In order to avoid and prevent violations of, the High contracting parties and parties to the conflict from the commanders to demand, in the context of its responsibility to ensure that members of the armed forces under their command met their obligations under the Conventions and this Protocol.
3. The high contracting parties and parties to the conflict shall require that the commander, who is aware that his subordinates or other persons under his control are going to violate or have violated the Convention or this Protocol, it has made the necessary steps to prevent such violations of the Conventions or of this Protocol, and, where necessary, to initiate disciplinary or criminal prosecution of those who are following the violation committed.

Article 88
Mutual legal assistance in criminal matters



1. High contracting parties provide each other with the greatest possible legal assistance in the criminal proceedings instituted in cases of serious violations of the Conventions or of this Protocol.
2. Without prejudice to the rights and obligations laid down in the Conventions and in article 85 paragraph 1 of this Protocol, the High contracting parties will allow, if the circumstances, cooperate in the issue of extradition. Due consideration of the request of the state on whose territory the alleged breach of obligations has occurred.
3. The laws of the requested High contracting parties will in all cases apply. The provisions of the preceding paragraphs, however, will not affect the obligations arising from the provisions of other bilateral or multilateral treaty, which is fully or partially governs or will govern mutual legal assistance in criminal matters.

Article 89
Cooperation



In the case of a serious violation of the Conventions or of this Protocol, the High contracting parties undertake to act, jointly or individually, in cooperation with the united nations and in accordance with the Charter of the united nations.

Article 90 of the
The international commission of inquiry



1.
a) Will be created by the International commission of inquiry (hereinafter "the Commission"), composed of fifteen members of high moral qualities and recognized impartiality.
b) After not less than twenty High contracting parties agree to accept the competence of the Commission in accordance with paragraph 2, the depositary shall convene, and then at an interval of every five years, will again convene a conference of representatives of those High contracting parties for the purpose of electing the members of the Commission. The conference chooses the commissioning of representatives of the members of the Commission by secret ballot from a list of persons to which each of those High contracting parties to propose one person.
c) Members of the Commission will be in persona to perform their functions until the election of new members at the following conference.
d) During elections the High contracting parties shall ensure that persons to be elected to the Commission, have the required qualifications and that in the Commission as a whole to ensure a fair geographical representation.
e) In the event of a vacancy, the Commission itself this vacancy will fill with due regard to the provisions of the preceding paragraphs.
f) the Depositary can be made available to the Commission the necessary administrative facilities for the performance of its functions.
2.
a) the High contracting parties may at the time of signature, ratification or accession to the Protocol or at any later time declare that they recognize ipso facto and without special agreement with any of the other High contracting party to the recipient the same obligation, the jurisdiction of the Commission to investigate allegations of the other party, as to entitle this article.
b) the Above statement will be deposited with the depositary, which shall transmit copies thereof to the High contracting parties.
c) the Commission is relevant:
i) investigate the facts to be alleged a serious violation, as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol;
ii) to assist by providing their good services to the restoration of the situation, when they are respected the Convention and this Protocol.
d) In other situations, to launch an investigation at the request of the parties to the conflict only with the consent of the other party or the relevant other parties.
e) Without prejudice to the preceding provisions of this paragraph will continue to apply the provisions of article 52 of the First convention, article 53 of the Second convention, article 132 of the Third convention and article 149 of the Fourth convention when the alleged violation of the Conventions and when the alleged violation of this Protocol.
3.
a) If the relevant parties agree otherwise, any investigation will conduct a Chamber composed of seven members appointed as follows:
i) five members of the Commission who do not have to be citizens of any party in the conflict, will be appointed chairman of the Commission on the basis of equitable geographical representation after consultations with the parties in the conflict,
ii) two ad hoc members who do not have to be citizens of any party in the conflict, will be appointed so that each party will propose one.
b) After receipt of the request for investigation establishes the chairman of the Commission the term for the creation of the Chamber. If any of the ad hoc members appointed within the specified deadline, the president immediately called in the interest of the completeness of the composition of the Chamber of additional member or additional members of the Commission.
4.
a) a Chamber created under paragraph 3 for the execution of the investigation shall invite the parties in conflict to help her and to submit evidence. The chamber may also identify further evidence which it considers relevant, and may conduct an investigation of the situation on the spot.
b) the Parties will be fully familiar with all the evidence and will have the right to submit their comments to the Commission such evidence.
c) Each party will have the right to raise objections against such evidence.
5.
a) the Commission shall submit to the parties a report on the facts established by the Chamber together with recommendations it deems appropriate.
b) If the Chamber does not have the ability to provide sufficient evidence for an objective and impartial conclusions, he must indicate the reasons why this has not happened.
c) the Commission will not publish its conclusions, if all parties in conflict to apply, so that the Commission has made.
6. The commission shall establish its own rules of procedure, including rules relating to the presidency of the Commission and the presidency of the Chamber. This rules of procedure is to ensure that the duties of the president of the Commission have been exercised in every age and that in the case of investigations have been carried out by a person who is not a citizen of the parties in the conflict.
7. The Commission's administrative expenditure will be covered by contributions from the High contracting parties which made declarations under paragraph 2, and from voluntary contributions. A party to the conflict or the parties to the conflict requesting an investigation shall provide in advance the necessary funds for the expenses of the Chamber and you will be reimbursed by the party or parties against whom the claim was filed, and the extent of fifty per cent of the expenditure of the Chamber. If the Chamber also submitted to the protitvrzení, shall provide each party fifty percent of the necessary funds.

Article 91 of the
Responsibility



A party to the conflict which violates the provisions of the Conventions or of this Protocol, will be obliged to compensate the damage, if it occurred. It will be responsible for all damages committed by persons respective to its armed forces..
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PART VI
FINAL PROVISIONS



Article 92
Signature



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

Article 93 of the
Ratification



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

Article 94
Access



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


Article 95
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 accession.
2. For each side of the Conventions, which ratifies this Protocol or accedes later, will come into force six months after deposit of its instrument of ratification or instrument of accession.
Article 96 of the Contractual relations after the entry into force of this Protocol
1. If the parties to the Conventions are also parties to this Protocol, then the Convention will apply as supplemented by this Protocol.
2. If one of the parties in the conflict is not bound by this Protocol, the parties to the Protocol will continue to be bound by this Protocol in their mutual relations. Will be further bound by this Protocol in relation to each of the parties, that are not bound, if such party shall adopt and will apply the provisions of this Protocol.
3. The authority which is representative of the nation fighting against some of the High contracting party in an armed conflict of the type referred to in article 1, paragraph 4, may by a unilateral declaration addressed to the depositary of the commit that will be in this conflict to apply the Convention and this Protocol. Such declaration will be in relation to this conflict have after its receipt by the depositary of these effects:
a) of the Convention and this Protocol shall come into force for the said authority as a party in the conflict with immediate effect;
b) the Above authority shall have the same rights and obligations as High contracting parties to the Conventions and this Protocol and
c) the Conventions and this Protocol are equally binding for all sides in the conflict.

Article 97
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 the 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 parties to the Conventions regardless of whether this Protocol is signed or not

Article 98
The revision of annex I



1. No later than four years after the entry into force of this Protocol and thereafter at intervals of not less than four years, the International committee of the Red cross to consult the High contracting parties concerning annex I to this Protocol and if it considers it necessary, may convene a meeting of technical experts to review annex I and to propose such changes in her, which may be desirable. If within six months from the communication of the High contracting parties on the proposal for the convening of the meeting does not have one third of them object, the International committee of the Red cross such a meeting shall be convened and at the same time invites the observer in relevant international organisations. Such meeting may be also convened by the International committee of the Red cross at any time at the request of one-third of the High contracting parties.
2. The depositary shall convene a conference of the High contracting parties and parties to these Conventions to discuss the changes proposed in the meeting of technical experts if, after such consultation requested by the International committee of the Red cross or one third of the High contracting parties.
3. Changes in annex I may, at such conference be adopted by a two-thirds majority of those present and voting of the High contracting parties.
4. Despozitář shall communicate any such adopted amendment to the High contracting parties and parties to the Conventions. Changes will be considered received after the expiry of one year from such communication, if in this period as not despozitáři declaration of non-acceptance of the amendments at least one-third of the High contracting parties.
5. Change considered adopted in accordance with paragraph 4 shall enter into force three months after its acceptance for all High contracting parties except those which made a statement about the failure to adopt these changes in accordance with this paragraph. Party which has made such a declaration may at any time revoke and change in this case for the party shall enter into force three months after such appeal.
6. The depositary shall inform the High contracting parties and parties to the Conventions of the entry into force of amendments, about which the parties are bound by them, on the date of entry into force of these changes in relation to each party, of declarations of non-acceptance of amendments made in accordance with paragraph 4 and for appeals of such statements.

Article 99 of the
Statement



1. In the event that a High contracting party to denounce this Protocol, the denunciation shall take effect until a year from the receipt of the instrument of denunciation. However, if the predicative side, after that year, located in one of the situations referred to in article 1, the denunciation shall not take effect prior to the termination of armed conflict or occupation and in any case prior to the termination of operations connected with the final release, repatriation or resettling of persons protected by the Conventions and by this Protocol.
2. Cancellation must be notified in writing to the depositary, who shall transmit it to all the High contracting parties.
3. The denunciation shall have effect only for the predicative side.
4. Statement referred to in paragraph 1 shall not affect the obligations already incurred by reason of the armed conflict under this Protocol for such a revealing side, regarding acts committed before the notice comes into effect.

Article 100
Notification



The depositary shall inform the High contracting parties, as well as the parties to the Conventions regardless of whether they are signatories of this Protocol or not:
a) of the signatures appended to this Protocol and the deposit of instruments of ratification or instruments of accession in accordance with articles 93 and 94;
b) on the date of entry into force of this Protocol in accordance with article 95;
c) communications and declarations received in accordance with articles 84, 90 and 97;
d) declarations received under article 96, paragraph 3, which shall be communicated to the what is the fastest way and
e) a statement in accordance with article 99.

Article 101 of the
Registration



1. After the acquisition of validity, shall send the depositary of this Protocol to the united nations secretariat 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, accessions and testimony received in connection with this Protocol.
Article 102 of the Authentic texts
The original of this Protocol, of which the English, Arabic, chinese, French, Russian and Spanish text are equally authentic, shall be deposited with the depositary, which shall send its certified copies to all parties to the Conventions..
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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 the Additional protocol 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
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