Protocol Additional to the Geneva Conventions of
12 August 1949, and Relating to the Protection of Victims of Non-International
Armed Conflicts (Protocol II)
Adopted on 8 June 1977 by the
Diplomatic Conference on the Reaffirmation and Development of
International
Humanitarian Law applicable in Armed Conflicts
entry into force 7
December 1978, in accordance with Article
23
Preamble
The High Contracting Parties,
Recalling that the humanitarian principles
enshrined in Article 3 common to the Geneva Conventions of 12 August 1949
constitute the foundation of respect for the human person in cases of armed
conflict not of an international character,
Recalling furthermore that international
instruments relating to human rights offer a basic protection to the human
person,
Emphasizing the need to ensure a better
protection for the victims of those armed conflicts,
Recalling that, in cases not covered by the law
in force, the human person remains under the protection of the principles of
humanity and the dictates of the public conscience,
Have agreed on the following:
PART I
SCOPE OF THIS PROTOCOL
Article 1.-Material field of
application
1. This Protocol, which develops and
supplements Article 3 common to the Geneva Conventions of 12 August 1949
without modifying its existing conditions of application, shall apply to all
armed conflicts which are not covered by Article 1 of the Protocol Additional
to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I) and which take place in
the territory of a High Contracting Party between its armed forces and
dissident armed forces or other organized armed groups which, under
responsible command, exercise such control over a part of its territory as to
enable them to carry out sustained and concerted military operations and to
implement this Protocol.
2. This Protocol shall not apply to situations
of internal disturbances and tensions, such as riots, isolated and sporadic
acts of violence and other acts of a similar nature, as not being armed
conflicts.
Article 2.-Personal field of
application
1. This Protocol shall be applied without any
adverse distinction founded on race, colour, sex, language, religion or
belief, political or other opinion, national or social origin, wealth, birth
or other status, or on any other similar criteria (hereinafter referred to as
"adverse distinction") to all persons affected by an armed conflict as defined
in Article 1.
2. At the end of the armed conflict, all the
persons who have been deprived of their liberty or whose liberty has been
restricted for reasons related to such conflict, as well as those deprived of
their liberty or whose liberty is restricted after the conflict for the same
reasons, shall enjoy the protection of Articles 5 and 6 until the end of such
deprivation or restriction of liberty.
Article
3.-Non-intervention
1. Nothing in this Protocol shall be invoked
for the purpose of affecting the sovereignty of a State or the responsibility
of the government, by all legitimate means, to maintain or re-establish law
and order in the State or to defend the national unity and territorial
integrity of the State.
2. Nothing in this Protocol shall be invoked as
a justification for intervening, directly or indirectly, for any reason
whatever, in the armed conflict or in the internal or external affairs of the
High Contracting Party in the territory of which that conflict
occurs.
PART II
HUMANE TREATMENT
Article 4.-Fundamental
guarantees
1. All persons who do not take a direct part or
who have ceased to take part in hostilities, whether or not their liberty has
been restricted, are entitled to respect for their person, honour and
convictions and religious practices. They shall in all circumstances be
treated humanely, without any adverse distinction. It is prohibited to order
that there shall be no survivors.
2. Without prejudice to the generality of the
foregoing, the following acts against the persons referred to in paragraph I
are and shall remain prohibited at any time and in any place
whatsoever:
(a) Violence to the life, health and physical
or mental well-being of persons, in particular murder as well as cruel
treatment such as torture, mutilation or any form of corporal
punishment;
(b) Collective punishments;
(c) Taking of hostages;
(d) Acts of terrorism;
(e) Outrages upon personal dignity, in
particular humiliating and degrading treatment, rape, enforced prostitution
and any form of indecent assault;
(f)Slavery and the slave trade in all their
forms;
(g) Pillage;
(h) Threats to commit any of the foregoing
acts.
3. Children shall be
provided with the care and aid they require, and in particular:
(a) They shall receive an education,
including religious and moral education, in keeping with the wishes of their
parents, or in the absence of parents, of those responsible for their
care;
(b) All appropriate steps shall be taken to
facilitate the reunion of families temporarily separated;
(c) Children who have not attained the age of
fifteen years shall neither be recruited in the armed forces or groups nor
allowed to take part in hostilities;
(d) The special protection provided by this
Article to children who have not attained the age of fifteen years shall
remain applicable to them if they take a direct part in hostilities despite
the provisions of sub-paragraph (c) and are captured;
(e) Measures shall be taken, if necessary, and
whenever possible with the consent of their parents or persons who by law or
custom are primarily responsible for their care, to remove children
temporarily from the area in which hostilities are taking place to a safer
area within the country and ensure that they are accompanied by persons
responsible for their safety and well-being.
Article 5.-Persons whose liberty has been
restricted
1. In addition to the provisions of Article 4,
the following provisions shall be respected as a minimum with regard to
persons deprived of their liberty for reasons related to the armed conflict,
whether they are interned or detained:
(a) The wounded and the sick shall be treated
in accordance with Article 7;
(b) The persons referred to in this paragraph
shall, to the same extent as the local civilian population, be provided with
food and drinking water and be afforded safeguards as regards health and
hygiene and protection against the rigours of the climate and the dangers of
the armed conflict;
(c) They shall be allowed to receive
individual or collective relief;
(d) They shall be allowed to practise their
religion and, if requested and appropriate, to receive spiritual assistance
from persons, such as chaplains, performing religious functions;
(e) They shall, if made to work, have the
benefit of working conditions and safeguards similar to those enjoyed by the
local civilian population.
2. Those
who are responsible for the internment or detention of the persons referred to
in paragraph I shall also, within the limits of their capabilities, respect
the following provisions relating to such persons:
(a) Except when men and women of a family are
accommodated together, women shall be held in quarters separated from those
of men and shall be under the immediate supervision of women;
(b) They shall be allowed to send and receive
letters and cards, the number of which may be limited by the competent
authority if it deems necessary;
(c) Places of internment and detention shall
not be located close to the combat zone. The persons referred to in
paragraph 1 shall be evacuated when the places where they are interned or
detained become particularly exposed to danger arising out of the armed
conflict, if their evacuation can be carried out under adequate conditions
of safety;
(d) They shall have the benefit of medical
examinations;
(e) Their physical or mental health and
integrity shall not be endangered by an unjustified act or omission.
Accordingly, it is prohibited to subject the persons described in this
Article to any medical procedure which is not indicated by the state of
health of the person concerned, and which is not consistent with the
generally accepted medical standards applied to free persons under similar
medical circumstances.
3. Persons
who are not covered by paragraph I but whose liberty has been restricted in
any way whatsoever for reasons related to the armed conflict shall be treated
humanely in accordance with Article 4 and with paragraphs 1 (a), (c) and (d),
and 2 (b) of this Article.
4. If it is decided to release persons deprived
of their liberty, necessary measures to ensure their safety shall be taken by
those so deciding.
Article 6.-Penal
prosecutions
1. This Article applies to the prosecution and
punishment of criminal offences related to the armed conflict.
2. No sentence shall be passed and no penalty
shall be executed on a person found guilty of an offence except pursuant to a
conviction pronounced by a court offering the essential guarantees of
independence and impartiality. In particular:
(a) The procedure shall provide for an
accused to be informed without delay of the particulars of the offence
alleged against him and shall afford the accused before and during his trial
all necessary rights and means of defence;
(b) No one shall be convicted of an offence
except on the basis of individual penal responsibility;
(c) No one shall be held guilty of any
criminal offence on account of any act or omission which did not constitute
a criminal offence, under the law, at the time when it was committed; nor
shall a heavier penalty be imposed than that which was applicable at the
time when the criminal offence was committed; if, after the commission of
the offence, provision is made by law for the imposition of a lighter
penalty, the offender shall benefit thereby;
(d) Anyone charged with an offence is presumed
innocent until proved guilty according to law;
(e) Anyone charged with an offence shall have
the right to be tried in his presence;
(f) No one shall be compelled to testify
against himself or to confess guilt.
3. A convicted person shall be advised on conviction of
his judicial and other remedies and of the time-limits within which they may
be exercised.
4. The death penalty shall not be pronounced on
persons who were under the age of eighteen years at the time of the offence
and shall not be carried out on pregnant women or mothers of young
children.
5. At the end of hostilities, the authorities in
power shall endeavour to grant the broadest possible amnesty to persons who
have participated in the armed conflict, or those deprived of their liberty
for reasons related to the armed conflict, whether they are interned or
detained.
PART III
WOUNDED, SICK AND
SHIPWRECKED
Article 7.-Protection and
care
1. All the wounded, sick and shipwrecked,
whether or not they have taken part in the armed conflict, shall be respected
and protected.
2. In all circumstances they shall be treated
humanely and shall receive, to the fullest extent practicable and with the
least possible delay, the medical care and attention required by their
condition. There shall be no distinction among them founded on any grounds
other than medical ones.
Article 8.-Search
Whenever circumstances permit, and particularly
after an engagement, all possible measures shall be taken, without delay, to
search for and collect the wounded, sick and shipwrecked, to protect them
against pillage and ill- treatment, to ensure their adequate care, and to
search for the dead, prevent their being despoiled, and decently dispose of
them.
Article 9.-Protection of medical and
religious personnel
1. Medical and religious personnel shall be
respected and protected and shall be granted all available help for the
performance of their duties. They shall not be compelled to carry out tasks
which are not compatible with their humanitarian mission.
2. In the performance of their duties medical
personnel may not be required to give priority to any person except on medical
grounds.
Article 10.-General protection of medical
duties
1. Under no circumstances shall any person be
punished for having carried out medical activities compatible with medical
ethics, regardless of the person benefiting therefrom.
2. Persons engaged in medical activities shall
neither be compelled to perform acts or to carry out work contrary to, nor be
compelled to refrain from acts required by, the rules of medical ethics or
other rules designed for the benefit of the wounded and sick, or this
Protocol.
3. The professional obligations of persons
engaged in medical activities regarding information which they may acquire
concerning the wounded and sick under their care shall, subject to national
law, be respected.
4. Subject to national law, no person engaged in
medical activities may be penalized in any way for refusing or failing to give
information concerning the wounded and sick who are, or who have been, under
his care.
Article 11.-Protection of medical units and
transports
1. Medical units and transports shall be
respected and protected at all times and shall not be the object of
attack.
2. The protection to which medical units and
transports are entitled shall not cease unless they are used to commit hostile
acts, outside their humanitarian function. Protection may, however, cease only
after a warning has been given setting, whenever appropriate, a reasonable
time-limit, and after such warning has remained unheeded.
Article 12.-The distinctive
emblem
Under the direction of the competent authority
concerned, the distinctive emblem of the red cross, red crescent or red lion
and sun on a white ground shall be displayed by medical and religious
personnel and medical units, and on medical transports. It shall be respected
in all circumstances. It shall not be used improperly.
PART IV
CIVILIAN POPULATION
Article 13.-Protection of the civilian
population
1. The civilian population and individual
civilians shall enjoy general protection against the dangers arising from
military operations. To give effect to this protection, the following rules
shall be observed in all circumstances.
2. The civilian population as such, as well as
individual civilians, shall not be the object of attack. Acts or threats of
violence the primary purpose of which is to spread terror among the civilian
population are prohibited.
3. Civilians shall enjoy the protection afforded
by this Part, unless and for such time as they take a direct part in
hostilities.
Article 14.-Protection of objects
indispensable to the survival of the civilian population
Starvation of civilians as a method of combat
is prohibited. It is therefore prohibited to attack, destroy, remove or render
useless, for that purpose, objects indispensable to the survival of the
civilian population, such as foodstuffs, agricultural areas for the production
of foodstuffs, crops, livestock, drinking water installations and supplies and
irrigation works.
Article 15.-Protection of works and
installations containing dangerous forces
Works or installations containing dangerous
forces, namely dams, dykes and nuclear electrical generating stations, shall
not be made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces and
consequent severe losses among the civilian population.
Article 16.-Protection of cultural objects
and of places of worship
Without prejudice to the provisions of The
Hague Convention for the Protection of Cultural Property in the Event of Armed
Conflict of 14 May 1954, it is prohibited to commit any acts of hostility
directed against historic monuments, works of art or places of worship which
constitute the cultural or spiritual heritage of peoples, and to use them in
support of the military effort.
Article 17.-Prohibition of forced movement
of civilians
1. The displacement of the civilian population
shall not be ordered for reasons related to the conflict unless the security
of the civilians involved or imperative military reasons so demand. Should
such displacements have to be carried out, all possible measures shall be
taken in order that the civilian population may be received under satisfactory
conditions of shelter, hygiene, health, safety and nutrition.
2. Civilians shall not be compelled to leave
their own territory for reasons connected with the conflict.
Article 18.-Relief societies and relief
actions
1. Relief societies located in the territory of
the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun)
organizations, may offer their services for the performance of their
traditional functions in relation to the victims of the armed conflict. The
civilian population may, even on its own initiative, offer to collect and care
for the wounded, sick and shipwrecked.
2. If the civilian population is suffering undue
hardship owing to a lack of the supplies essential for its survival, such as
foodstuffs and medical supplies, relief actions for the civilian population
which are of an exclusively humanitarian and impartial nature and which are
conducted without any adverse distinction shall be undertaken subject to the
consent of the High Contracting Party concerned.
PART V
FINAL PROVISIONS
Article
19.-Dissemination
This Protocol shall be disseminated as widely
as possible.
Article 20.-Signature
This Protocol shall be open for signature by
the Parties to the Conventions six months after the signing of the Final Act
and will remain open for a period of twelve months.
Article
21.-Ratification
This Protocol shall be ratified as soon as
possible. The instruments of ratification shall be deposited with the Swiss
Federal Council, depositary of the Conventions.
Article 22.-Accession
This Protocol shall be open for accession by
any Party to the Conventions which has not signed it. The instruments of
accession shall be deposited with the depositary.
Article 23.-Entry into
force
1. This Protocol shall enter into force six
months after two instruments of ratification or accession have been
deposited.
2. For each Party to the Conventions thereafter
ratifying or acceding to this Protocol, it shall enter into force six months
after the deposit by such Party of its instrument of ratification or
accession.
Article 24.-Amendment
1. Any High Contracting Party may propose
amendments to this Protocol. The text of any proposed amendment shall be
communicated to the depositary which shall decide, after consultation with all
the High Contracting Parties and the International Committee of the Red Cross,
whether a conference should be convened to consider the proposed
amendment.
2. The depositary shall invite to that
conference all the High Contracting Parties as well as the Parties to the
Conventions, whether or not they are signatories of this
Protocol.
Article
25.-Denunciation
1. In case a High Contracting Party should
denounce this Protocol, the denunciation shall only take effect six months
after receipt of the instrument of denunciation. If, however, on the expiry of
six months, the denouncing Party is engaged in the situation referred to in
Article l, the denunciation shall not take effect before the end of the armed
conflict. Persons who have been deprived of liberty, or whose liberty has been
restricted, for reasons related to the conflict shall nevertheless continue to
benefit from the provisions of this Protocol until their final release.
2. The denunciation shall be notified in writing
to the depositary, which shall transmit it to all the High Contracting
Parties.
Article
26.-Notifications
Article
27.-Registration
1. After its entry into force, this Protocol
shall be transmitted by the depositary to the Secretariat of the United
Nations for registration and publication, in accordance with Article 102 of
the Charter of the United Nations.
2. The depositary shall also inform the
Secretariat of the United Nations of all ratifications and accessions received
by it with respect to this Protocol.
Article 28.-Authentic
texts
The original of this Protocol, of which the
Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic shall be deposited with the depositary, which shall transmit
certified true copies thereof to all the Parties to the Conventions.
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