War and Law: some of the major advances introduced by Additional Protocols I and II
31-05-2007
Adopted in 1977, the two protocols additional to the four Geneva Conventions of 1949 extend and strengthen the protection provided by International Humanitarian Law (IHL) to the victims of international (Protocol I) and non-international (Protocol II) armed conflict.
- The first Geneva Convention of 1864 dealt exclusively with care for wounded soldiers. This was later adapted to cover warfare at sea and prisoners of war.
- In 1949, a revision and expansion of the law resulted in the four Geneva Conventions covering wounded soldiers on the battlefield; the wounded and shipwrecked at sea; prisoners of war; and civilians under enemy control.
- In 2006, the Geneva Conventions of 1949 achieved universal acceptance with 194 signatories.
The Additional Protocols, adopted in 1977, strengthened and extended the protec tion for victims of international (Protocol I) and non-international (Protocol II) armed conflict. Until now, 167 States are party to Additional Protocol I and 163 are party to Additional Protocol II.
Below are links to documents that describe some of the major advances introduced by the Additional Protocols:
methods and means of warfarelimits are placed on the right to choose ;
environmentthe need to protect the in war time is recognized;
new weaponsmust be assessed to ensure they meet requirements of humanitarian law;
civilians must be protected against the effects of hostilities by prohibiting:
direct attacks on civilians or civilian objects
- indiscriminate attacks
and by requiring :
- that precautions be taken by commanders to avoid civilian casualties
women and children are to be granted preferential treatment
cultural objects + objects indispensable to civilian survival (such as food and water) must be protected;
new conditions for granting guerrilla fighters combatant status and possibly prisoner-of-war status;
protection of the wounded and sick and of the missing is increased;
improved protection given to civilian medical personnel, transport and units ;
promotion of humanitarian work on behalf of the civilian population
fundamental guarantees (such as in the case of internment/administrative detention), summary of minimum of protection
ensure implementation of the rules to those who have to apply them:- giving more responsibility to commanders and extending the list of acts considered “grave breaches” or “war crimes” (AP I) - See sections on: penal repression and international criminal jurisdiction
- improving respect i.a. through the establishment of the international Fact-Finding Comission
Read also :
Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict , United Nations, General Assembly, Statement by the International Committee of the Red Cross, 18 October 2006
International Review of the Red Cross No. 320, 1997, special issue on the 20th anniversary of the 1977 Additional Protocols
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