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Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the
Full text of Protocol I
List of countries that have signed but not yet ratified Protocol I
International Review of the Red Cross, 1997 – No. 320
Special issue: 20th anniversary of the 1977 Additional Protocols
1977 Additional Protocolsshort bibliography
(by ICRC) * "New rules for victims of armed conflicts, Commentary on the two 1977 Protocols additional to the Geneva Conventions of 1949", by M. Bothe
K.J.Partsch
W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982,
{{Geneva Conventions Geneva Conventions Arms control treaties Treaties concluded in 1977 Treaties entered into force in 1978 Treaties of Afghanistan Treaties of Albania Treaties of Algeria Treaties of the People's Republic of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Belgium Treaties of Belize Treaties of the People's Republic of Benin Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of Brazil Treaties of Brunei Treaties of the People's Republic of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of Cambodia Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of Zaire Treaties of the Republic of the Congo Treaties of the Cook Islands Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of East Timor Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of the Transitional Government of Ethiopia Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of Germany Treaties of Ghana Treaties of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Guyana Treaties of Haiti Treaties of the Holy See Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Ireland Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of North Korea Treaties of South Korea Treaties of Kuwait Treaties of Kyrgyzstan Treaties of Laos Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of North Macedonia Treaties of Madagascar Treaties of Malawi Treaties of the Maldives Treaties of Mali Treaties of Malta Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of the Federated States of Micronesia Treaties of Moldova Treaties of Monaco Treaties of Mongolia Treaties of Montenegro Treaties of Morocco Treaties of the People's Republic of Mozambique Treaties of Namibia Treaties of Nauru Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of Oman Treaties of Palau Treaties of the State of Palestine Treaties of Panama Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of Poland Treaties of Portugal Treaties of Qatar Treaties of Romania Treaties of Rwanda Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Samoa Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Slovakia Treaties of Slovenia Treaties of the Solomon Islands Treaties of South Africa Treaties of South Sudan Treaties of the Soviet Union Treaties of Spain Treaties of the Republic of the Sudan (1985–2011) Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Tanzania Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkmenistan Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Uruguay Treaties of Uzbekistan Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of Yemen Treaties of Yugoslavia Treaties of Zambia Treaties of Zimbabwe Treaties extended to Greenland Treaties extended to the Faroe Islands Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to Anguilla Treaties extended to Bermuda Treaties extended to the British Antarctic Territory Treaties extended to the British Indian Ocean Territory Treaties extended to the British Virgin Islands Treaties extended to the Cayman Islands Treaties extended to the Falkland Islands Treaties extended to Montserrat Treaties extended to the Pitcairn Islands Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to South Georgia and the South Sandwich Islands Treaties extended to Akrotiri and Dhekelia Treaties extended to the Turks and Caicos Islands Treaties extended to Guernsey Treaties extended to the Isle of Man Treaties extended to Jersey Treaties extended to Hong Kong Treaties extended to Macau
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
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.
Ratification status
As of February 2020, it had been ratified by 174 states, with the United States, Israel,Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkm ...
, Pakistan, India
India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
, and Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
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. The Iranian Revolution
The Iranian Revolution ( fa, انقلاب ایران, Enqelâb-e Irân, ), also known as the Islamic Revolution ( fa, انقلاب اسلامی, Enqelâb-e Eslâmī), was a series of events that culminated in the overthrow of the Pahlavi dynas ...
has occurred in the interim.
Russia
On 16 October 2019, President Vladimir Putin signed anexecutive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of ...
and submitted a State Duma
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
bill to revoke the statement accompanying Russia's ratification of the Protocol I, accepting the competence of the Article 90 International Fact-Finding Commission. The bill was supplied with the following warning:
The available reports regarding this action do not indicate that Russia has revoked their accession to Protocol I as a whole, and the Russian Federation is still included on the lists of parties maintained by the International Committee of the Red Cross and by the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
.
Summary of provisions
Protocol I is an extensive document, containing 102 articles. The following is a basic overview of the protocol. For a comprehensive listing of all provisions, consult the text and the commentary. In general, the protocol reaffirms the provisions of the original fourGeneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
. However, the following additional protections are added.
*Article I states that the convention applies in "armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination", which has been interpreted as favoring terrorism, and denying protections to Israel, since United Nations General Assembly Resolution 3379 ("Zionism is racism") was in effect at that time.
* Article 37 prohibits perfidy
In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out ...
. It identifies four types of perfidy and differentiates ruses of war from perfidy.
* Article 42 outlaws 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 before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne troops, or agents 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.
* Article 43 deals with the identification of Armed Forces that are Party to a conflict, and states that combatants "shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict."
* Article 47(1) "A mercenary shall not have the right to be a combatant or a prisoner of war."
* 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
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission (fission bomb) or a combination of fission and fusion reactions (thermonuclear bomb), producing a nuclear explosion. Both bomb ...
, and land mines, whose scope of destruction cannot be limited. 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 electrical-generating stations, and places of worship. The first three are "works and installations containing dangerous forces" and may be attacked only in ways that do not threaten to release the dangerous forces (i.e., it is permissible to capture them but not 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
A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
.
* 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.
* Articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status are 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 protective emblems recognized by the Geneva Conventions to deceive the opposing forces (perfidy
In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out ...
).
* Articles 17 and 81 authorize the 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 nternational Fact-FindingCommission to enquire into allegations by such other Party, as authorized by this Article." 74 states have made such a declaration.
See also
* Command responsibility *Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
* List of parties to the Geneva Conventions
* First Geneva Convention
The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of internatio ...
on the treatment of battlefield casualties in the field
* Jus in bello
* Targeted killing
* Protocol II, a 1977 amendment adopted relating to the protection of victims of non-international armed conflicts
* Protocol III, a 2005 amendment adopted specifying the adoption of the Red Crystal emblem
* United Nations Mercenary Convention
Notes
References
External links
Full text of Protocol I
List of countries that have signed but not yet ratified Protocol I
International Review of the Red Cross, 1997 – No. 320
Special issue: 20th anniversary of the 1977 Additional Protocols
1977 Additional Protocolsshort bibliography
(by ICRC) * "New rules for victims of armed conflicts, Commentary on the two 1977 Protocols additional to the Geneva Conventions of 1949", by M. Bothe
K.J.Partsch
W.A. Solf, Pub: Martinus Nijhoff The Hague/Boston/London, 1982,
{{Geneva Conventions Geneva Conventions Arms control treaties Treaties concluded in 1977 Treaties entered into force in 1978 Treaties of Afghanistan Treaties of Albania Treaties of Algeria Treaties of the People's Republic of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Belgium Treaties of Belize Treaties of the People's Republic of Benin Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of Brazil Treaties of Brunei Treaties of the People's Republic of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of Cambodia Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of Zaire Treaties of the Republic of the Congo Treaties of the Cook Islands Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of East Timor Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of the Transitional Government of Ethiopia Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of Germany Treaties of Ghana Treaties of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Guyana Treaties of Haiti Treaties of the Holy See Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Ireland Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of North Korea Treaties of South Korea Treaties of Kuwait Treaties of Kyrgyzstan Treaties of Laos Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of North Macedonia Treaties of Madagascar Treaties of Malawi Treaties of the Maldives Treaties of Mali Treaties of Malta Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of the Federated States of Micronesia Treaties of Moldova Treaties of Monaco Treaties of Mongolia Treaties of Montenegro Treaties of Morocco Treaties of the People's Republic of Mozambique Treaties of Namibia Treaties of Nauru Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of Oman Treaties of Palau Treaties of the State of Palestine Treaties of Panama Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of Poland Treaties of Portugal Treaties of Qatar Treaties of Romania Treaties of Rwanda Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Samoa Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Slovakia Treaties of Slovenia Treaties of the Solomon Islands Treaties of South Africa Treaties of South Sudan Treaties of the Soviet Union Treaties of Spain Treaties of the Republic of the Sudan (1985–2011) Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Tanzania Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkmenistan Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Uruguay Treaties of Uzbekistan Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of Yemen Treaties of Yugoslavia Treaties of Zambia Treaties of Zimbabwe Treaties extended to Greenland Treaties extended to the Faroe Islands Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to Anguilla Treaties extended to Bermuda Treaties extended to the British Antarctic Territory Treaties extended to the British Indian Ocean Territory Treaties extended to the British Virgin Islands Treaties extended to the Cayman Islands Treaties extended to the Falkland Islands Treaties extended to Montserrat Treaties extended to the Pitcairn Islands Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to South Georgia and the South Sandwich Islands Treaties extended to Akrotiri and Dhekelia Treaties extended to the Turks and Caicos Islands Treaties extended to Guernsey Treaties extended to the Isle of Man Treaties extended to Jersey Treaties extended to Hong Kong Treaties extended to Macau