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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.


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  • 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.


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  • In 2006, the Geneva Conventions of 1949 achieved universal acceptance with 194 signatories.
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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 warfare

limits are placed on the right to choose ;   environment

the need to protect the in war time is recognized;   new weapons

must be assessed to ensure they meet requirements of humanitarian law;   civilians must be protected against the effects of hostilities

 by prohibiting:

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:

 
 



    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