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- Herausgeber: Booksell-Verlag
- Kategorie: Fachliteratur
- Sprache: Englisch
- Veröffentlichungsjahr: 2021
The Geneva Convention 'Äî Protocol I is a critical document in international humanitarian law, focusing on the protection of victims of armed conflicts and the limitations imposed on combatants. This Protocol, adopted in 1977, reflects the evolving nature of warfare and the necessity to safeguard human rights during hostilities. Written in a legalistic style that balances precision with accessibility, it stands as a pivotal text that compiles contributions from various authors, including diplomats and legal scholars, who sought to address the complexities of modern warfare. The Protocol signifies a consensus on the need for humane treatment during conflicts, intending to adapt traditional humanitarian principles to contemporary realities. The diverse authors of this Protocol include leading figures in international law and representatives from numerous nations, all of whom shared a commitment to enhancing the protection of individuals in times of war. Their collective expertise in law, diplomacy, and human rights shaped the negotiations and outcomes that led to the Protocol'Äôs establishment, driven by the desire to respond effectively to the humanitarian crises witnessed in the latter half of the twentieth century. This important text is highly recommended for scholars, practitioners, and students interested in human rights, international law, and military ethics. Its principles remain vital in contemporary discussions about warfare, accountability, and the responsibilities of states and non-state actors, making it an essential read for anyone seeking to understand the moral and legal frameworks that govern armed conflict.
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Geneva Convention — Protocol I
Table of Contents
Preamble
The High Contracting Parties,
Proclaiming their earnest wish to see peace prevail among peoples,
Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,
Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations,
Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,
Have agreed on the following:
Part I. General Provisions
Art 1. General principles and scope of application
1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.
2. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.
4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.
Art 2. Definitions
For the purposes of this Protocol (a) "First Convention", "Second Convention", "Third Convention" and "Fourth Convention" mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Ship-wrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; "the Conventions" means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
(b) "Rules of international law applicable in armed conflict" means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict;
(c) "Protecting Power" means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol;
(d) "Substitute" means an organization acting in place of a Protecting Power in accordance with Article 5.
Art 3. Beginning and end of application
Without prejudice to the provisions which are applicable at all times:
(a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol.
(b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release repatriation or re-establishment.
Art 4. Legal status of the Parties to the conflict
The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question.
