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Protocol Additional to the Geneva Conventions of 12 August

1949, and relating to the Protection of Victims of


International Armed Conflicts (Protocol I), 8 June 1977.
State parties (174) - State signatories (2)
The present Protocol brings mainly the following innovations:

Article 1(4) provides that armed conflicts in which peoples are fighting against colonial domination, alien occupation
or racist regimes are to be considered international conflicts.
Part II (Articles 8-34) develops the rules of the First and the Second Geneva Conventions on wounded, sick and
shipwrecked. It extends the protection of the Conventions to civilian medical personnel, equipment and supplies and
to civilian units and transports and contains detailed provisions on medical transportation.
Part III and several chapters of Part IV (Articles 35-60) deal with the conduct of hostilities, i.e. questions which
hitherto were regulated by the Hague Conventions of 1899 and 1907 and by customary international law. Their
reaffirmation and development is important in view of the age of the Hague Conventions and of the new States which
had no part in their elaboration. Article 43 and 44 give a new definition of armed forces and combatants. Among the
most important Articles are those on the protection of the civilian population against the effects of hostilities. They
contain a definition of military objectives and prohibitions of attack on civilian persons and objects. Further Articles
(61-79) deal with the protection of civil defence organizations, relief actions and the treatment of persons in the power
of a party to a conflict.
Part V (Articles 80-91) brings some new elements to the problem of the execution of the Conventions and the
Protocol.

Protocol Additional to the Geneva Conventions of 12 August


1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II), 8 June 1977.
State parties (168) - State signatories (3)
The only provision applicable to non-international armed conflicts before the adoption of the present Protocol was
Article 3 common to all four Geneva Conventions of 1949. This Article proved to be inadequate in view of the fact that
about 80% of the victims of armed conflicts since 1945 have been victims of non-international conflicts and that noninternational conflicts are often fought with more cruelty than international conflicts. The aim of the present Protocol is
to extend the essential rules of the law of armed conflicts to internal wars. The fear that the Protocol might affect
State sovereignty, prevent governments from effectively maintaining law and order within their borders and that it
might be invoked to justify outside intervention led to the decision of the Diplomatic Conference at its fourth session to
shorten and simplify the Protocol. Instead of the 47 Articles proposed by the ICRC the Conference adopted only 28.

The essential substance of the draft was, however, maintained. The part on methods and means of combat was
deleted, but its basic principles are to be found in Article 4 (fundamental guarantees). The provisions on the activity of
impartial humanitarian organizations were adopted in a less binding form than originally foreseen. The restrictive
definition of the material field of application in Article 1 will have the effect that Protocol II will be applicable to a
smaller range of internal conflicts than Article 3 common to the Conventions of 1949.

General introduction to the Commentary on Protocol II

Commentary
of 1987

Commentary
of 1987

Part I : Scope of this protocol

Commentary
of 1987

Art. 1

Material field of application

Commentary
of 1987

Art. 2

Personal field of application

Commentary
of 1987

Art. 3

Non-intervention

Commentary
of 1987

Part II : Humane treatment

Commentary
of 1987

Art. 4

Fundamental guarantees

Commentary
of 1987

Art. 5

Persons whose liberty has been restricted

Commentary
of 1987

Art. 6

Penal prosecutions

Commentary
of 1987

Part III : Wounded, sick and shipwrecked

Commentary
of 1987

Art. 7

Protection and care

Commentary
of 1987

Art. 8

Search

Commentary
of 1987

Art. 9

Protection of medical and religious personnel

Commentary
of 1987

Art. 10

General protection of medical duties

Commentary
of 1987

Art. 11

Protection of medical units and transports

Commentary
of 1987

Art. 12

The distinctive emblem

Commentary
of 1987

Part IV : Civilian population

Commentary
of 1987

Protection of the civilian population

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of 1987

Preamble

Art. 13

Art. 14

Protection of objects indispensable to the survival of the civilian


population

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of 1987

Art. 15

Protection of works and installations containing dangerous


forces

Commentary
of 1987

Art. 16

Protection of cultural objects and of places of worship

Commentary
of 1987

Art. 17

Prohibition of forced movement of civilians

Commentary
of 1987

Art. 18

Relief societies and relief actions

Commentary
of 1987

Part V : Final provisions

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of 1987

Art. 19

Dissemination

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of 1987

Art. 20

Signature

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of 1987

Art. 21

Ratification

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of 1987

Art. 22

Accession

Commentary
of 1987

Art. 23

Entry into force

Commentary
of 1987

Art. 24

Amendment

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of 1987

Art. 25

Denunciation

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of 1987

Art. 26

Notifications

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of 1987

Art. 27

Registration

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of 1987

Art. 28

Authentic texts

Commentary
of 1987

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