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Protocol I

2017-01-27T22:39:14Z

2A00:23C4:7F02:5F00:E4C1:6784:4E67:F39D: removed same bullshit claim

{{Use dmy dates|date=May 2013}}
[[Image:Parties to the Geneva Conventions.svg|500px|thumb|
{|
|-
|{{legend|#008000|Parties to GC I–IV and P I–III}} || {{legend|#0000FF|Parties to GC I–IV and P I–II}}
|-
|{{legend|purple|Parties to GC I–IV and P I and III}} || {{legend|#EEEE00|Parties to GC I–IV and P I}}
|-
|{{legend|orange|Parties to GC I–IV and P III}} || {{legend|#FF1111|Parties to GC I–IV and no P}}
|}]]

'''Protocol I''' is a 1977 amendment [[Protocol (diplomacy)|protocol]] to the [[Geneva Conventions]] relating to the protection of victims of ''international conflicts'', where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts.<ref>[https://www.icrc.org/ihl/INTRO/470 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], ICRC; International Committee of the Red Cross</ref> It reaffirms the [[international laws]] of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the [[Second World War]].

As of June 2013, it had been [[ratified]] by [[List of parties to the Geneva Conventions|174 states]],<ref>{{cite web | url = http://www.icrc.org/applic/ihl/ihl.nsf/States.xsp?xp_treatySelected=D9E6B6264D7723C3C12563CD002D6CE4&xp_viewStates=XPages_NORMStatesParties&redirect=0 | title = 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 | publisher = International Committee of the Red Cross}}</ref> with the [[United States]], [[Israel]], [[Iran]], [[Pakistan]], [[India]], and [[Turkey]] being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it.

== Summary of provisions ==
Protocol I is an extensive document, containing 102 articles. Following is a basic overview of the protocol.<ref>{{cite web | url = http://www.supportgenevaconventions.org/library/geneva_conventions_summary.pdf | title = A Summary of the Geneva Conventions and Additional Protocols | publisher = The American National Red Cross}}</ref> For a comprehensive listing of all provisions, consult the text<ref>{{cite web | url = http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 | title = Protocol Additional to the Geneva Conventions of 1 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 | publisher = The American National Red Cross}}</ref> and the commentary.<ref name=commentary>{{cite web | url = http://www.loc.gov/rr/frd/Military_Law/pdf/Commentary_GC_Protocols.pdf | title = Commentary on the Additional Protocols to the Geneva Conventions | publisher = International Committee of the Red Cross}}</ref>
In general, the protocol reaffirms the provisions of the original four [[Geneva Conventions]]. However, the following additional protections are added.

* Article 42 outlaws [[Attacks on parachutists|attacks on pilots and aircrews who are parachuting from an aircraft in distress]]. Once they landed in territory controlled by an adverse party, they must be given an opportunity to [[surrender (military)|surrender]] before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. [[Airborne troops]] who are parachuting from an aircraft, whether in distress or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent.
* Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, and other materials needed for survival. ''Indiscriminate'' attacks include directly attacking civilian (non-military) targets, but also using technology such as biological weapons, nuclear weapons and land mines, whose scope of destruction cannot be limited.<ref name=commentary/> A [[total war]] that does not distinguish between civilian and military targets is considered a [[war crime]].
* Articles 56 and 53 outlaw attacks on dams, dikes, nuclear generating stations, and places of worship. The first three are "works and installations containing dangerous forces" and may be attacked but only in ways that do not threaten to release the dangerous forces (i.e., it is permissible to attempt to capture them but not to try to destroy them).
* Articles 76 and 77, 15 and 79 provide special protections for women, children, and civilian medical personnel, and provide measures of protection for journalists.
* Article 77 forbids [[conscription]] of children under age 15 into the armed forces. It does allow, however, for persons under the age of 15 to participate voluntarily.<ref name=commentary/>
* Articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status is granted to members of dissident forces when under the command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as combatants while preparing for or during an attack.
* Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that "cause widespread, long-term, and severe damage to the natural environment."
* Article 85 states that it is a war crime to use one of the [[Protocol III|protective emblems]] recognized by the Geneva Conventions to deceive the opposing forces ([[perfidy]]).
* Articles 17 and 81 authorize the [[International Committee of the Red Cross|ICRC]], national societies, or other impartial humanitarian organizations to provide assistance to the victims of war.
* Article 90 states that "The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the [International Fact-Finding] Commission to enquire into allegations by such other Party, as authorized by this Article."<ref>{{cite web|url=http://www.icrc.org/applic/ihl/ihl.nsf/4e473c7bc8854f2ec12563f60039c738/38c248abda17143ec12563cd0051e243|title=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|accessdate=2013-07-22|publisher=[[International Committee of the Red Cross]]}}</ref> 74 states have made such a declaration.

== See also ==
* [[Command responsibility]]
* [[Geneva Conventions]]
* [[List of parties to the Geneva Conventions]]
* [[First Geneva Convention]] on the treatment of battlefield casualties in the field
* [[Jus in bello]]
* [[Targeted killing]]
* [[Protocol II]] (1977) relating to the Protection of Victims of Non-International Armed Conflicts

== References ==
{{Wikisource}}
{{reflist|2}}

== External links ==
* [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 Full text of Protocol I]
* [http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=470&ps=S List of countries that have signed but not yet ratified Protocol I]
* [http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_review_1997_320?OpenDocument International Review of the Red Cross, 1997 – No. 320] Special issue: 20th anniversary of the 1977 Additional Protocols
* [http://www.icrc.org/web/eng/siteeng0.nsf/iwpList163/3C41E69FDF9CC5DCC1256B66005B085F 1977 Additional Protocols{{spaced ndash}}short bibliography] (by [[International Committee of the Red Cross|ICRC]])
* "''New rules for victims of armed conflicts, Commentary on the two 1977 Protocols additional to the Geneva Conventions of 1949''", by M. Bothe, [http://www.icrc.org/web/eng/siteeng0.nsf/iwpList160/4D7BB900A61F93C9C1256B66005A7ACE K.J.Partsch], W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982, ISBN 90-247-2537-2
* [http://www.reagan.utexas.edu/archives/speeches/1987/012987b.htm U.S. President Ronald Reagan's message to the Senate on Protocols I & II]

{{Geneva Conventions}}

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Protocol II

2017-01-27T22:38:59Z

2A00:23C4:7F02:5F00:E4C1:6784:4E67:F39D: This claim is bullshit, it's PR release; if it's not ratified, it's not binding

{{Use dmy dates|date=October 2013}}
[[Image:Parties to the Geneva Conventions.svg|500px|thumb|
{|
|-
|{{legend|#008000|Parties to GC I–IV and P I–III}} || {{legend|#0000FF|Parties to GC I–IV and P I–II}}
|-
|{{legend|purple|Parties to GC I–IV and P I and III}} || {{legend|#EEEE00|Parties to GC I–IV and P I}}
|-
|{{legend|orange|Parties to GC I–IV and P III}} || {{legend|#FF1111|Parties to GC I–IV and no P}}
|}]]

'''Protocol II''' is a 1977 amendment [[Protocol (diplomacy)|protocol]] to the [[Geneva Conventions]] relating to the protection of victims of ''non-international'' armed conflicts. It defines certain [[international laws]] that strive to provide better protection for victims of ''internal'' armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments.

As of January 2015, the Protocol had been ratified by 168 countries, with the [[United States]], [[Turkey]], [[Israel]], [[Iran]], [[Pakistan]], and [[Iraq]] being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it.<ref>{{cite web | url = http://www.icrc.org/ihl.nsf/INTRO/475?OpenDocument | title = Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977 | publisher = International Committee of the Red Cross}}</ref>

== Introduction ==
Historically, international law of armed conflict addressed traditional declarations of war between nations. When the [[Geneva Conventions]] were updated in 1949 after the Second World War, delegates sought to define certain minimum humanitarian standards to situations that had all the characteristics of war, without being an international war.<ref name=pictet>{{cite book | last = Pictet | first = Jean | title = Geneva Conventions of 12 August 1949: Commentary | publisher = International Committee of the Red Cross | year = 1958 | url =http://www.loc.gov/rr/frd/Military_Law/Geneva_conventions-1949.html | accessdate = 6 August 2009}}</ref>

These negotiations resulted in Article 3, common to all four of the basic [[treaties]] of the Geneva Conventions of 1949. Common Article 3 applies to ''armed conflicts'' that are not of an international character, but that are contained within the boundaries of a single country. It provides limited protection to victims, including:
* Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
* The wounded and sick shall be collected and cared for.
By the 1970s, diplomats were attempting to negotiate clarifications to the brief language of Article 3, and to extend the scope of international law to cover additional humanitarian rights in the context of internal conflicts. These efforts resulted in Protocol II of the Geneva Conventions. The debate over this [[Protocol (diplomacy)|protocol]] centered on two conflicting ideas.<ref>{{cite book | last = Levie | first = Howard | title = The Law of non-international armed conflict: Protocol II to the 1949 Geneva convention | publisher = Martinus Nijhoff Publishers | year = 1987 | url = https://books.google.com/books?id=J8DSgTxtPxIC | accessdate = 6 August 2009}}</ref> First, that the distinction between internal and international armed conflict is artificial from the point of view of a victim. Humanitarian principles should apply regardless of the identity of the combatants. Second, that international law does not apply to non-international situations. A nation has sovereignty within its borders, and must not accept judgments by and orders from other countries.

== See also ==
* [[Geneva Conventions]]
* [[First Geneva Convention]], on the treatment of battlefield casualties.
* [[Second Geneva Convention]], on the treatment of casualties in [[Naval warfare|war at sea]].
* [[Third Geneva Convention]], on the treatment of [[Prisoner of war|prisoners of war]].
* [[Fourth Geneva Convention]], on the treatment of civilians during wartime.
* [[Protocol I]], a 1977 amendment adopted addressing the protection of victims in international conflicts.
* [[Protocol III]], a 2005 amendment adopted specifying the adoption of the [[Red Crystal]] emblem.

== References ==
{{Wikisource}}

{{Reflist|2}}

== External links ==
*[http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/d67c3971bcff1c10c125641e0052b545 Committee of the Red Cross: Full text of Protocol II with commentaries]
*[http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=475&ps=P List of countries that have ratified Protocol II]
*[http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=475&ps=S List of countries that have signed but not yet ratified Protocol II]
*[http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_review_1997_320?OpenDocument International Review of the Red Cross, 1997 – No. 320] Special issue: 20th anniversary of the 1977 Additional Protocols
* [http://www.reagan.utexas.edu/archives/speeches/1987/012987b.htm President Reagan's message to the Senate on Protocols I & II]

{{Geneva Conventions}}

{{DEFAULTSORT:Protocol Ii}}
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[[Category:Treaties extended to Bermuda]]
[[Category:Treaties extended to the British Antarctic Territory]]
[[Category:Treaties extended to the British Indian Ocean Territory]]
[[Category:Treaties extended to the Cayman Islands]]
[[Category:Treaties extended to the Falkland Islands]]
[[Category:Treaties extended to Montserrat]]
[[Category:Treaties extended to the Pitcairn Islands]]
[[Category:Treaties extended to Saint Helena, Ascension and Tristan da Cunha]]
[[Category:Treaties extended to South Georgia and the South Sandwich Islands]]
[[Category:Treaties extended to Akrotiri and Dhekelia]]
[[Category:Treaties extended to the Turks and Caicos Islands]]
[[Category:Treaties extended to Guernsey]]
[[Category:Treaties extended to the Isle of Man]]
[[Category:Treaties extended to Jersey]]
[[Category:Treaties extended to Hong Kong]]
[[Category:Treaties extended to Macau]]