Geneva Conventions Protocol I
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
TypeProtocol
Drafted20 February 1974 – 8 June 1977
Signed8 June 1977 (1977-06-08)
LocationGeneva
Effective7 December 1978 (1978-12-07)
Signatories
3 states[1]
Parties
174 states[2]
DepositarySwiss Federal Council
Languages
Full text
Geneva Convention/Protocol I at Wikisource
A map showing the state parties and signatories of Protocol I of the Geneva Conventions (1977)..mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}  State parties (174) [note 1]  State signatories (3)
A map showing the state parties and signatories of Protocol I of the Geneva Conventions (1977).
  State parties (174) [note 1]
  State signatories (3)

Protocol I (sometimes referred to as Additional Protocol I or AP 1)[4] is a 1977 amendment protocol to the Geneva Conventions 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.[5] It reaffirms the international laws 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,[6] with the United States, Israel, Iran, Pakistan, India, and Turkey 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 has occurred in the interim.

Russia

On 16 October 2019, President Vladimir Putin signed an executive order[7] and submitted a State Duma bill to revoke the statement accompanying Russia's ratification of the Protocol I,[8][9][10] accepting the competence of the Article 90 International Fact-Finding Commission. The bill was supplied with the following warning:[8][10]

Exceptional circumstances affect the interests of the Russian Federation and require urgent action. ... In the current international environment, the risks of abuse of the commission's powers for political purposes by unscrupulous states who act in bad faith have increased significantly.

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[11] and by the United Nations.[12]

Summary of provisions

Protocol I is an extensive document, containing 102 articles. The following is a basic overview of the protocol.[13] For a comprehensive listing of all provisions, consult the text[14] and the commentary.[15] In general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the following additional protections are added.

See also

Notes

  1. ^ Russia revoked their ratification of the Protocol on 16 October 2019 via executive order and submitted legislation to the State Duma.[3]

References

  1. ^ "Treaties, States parties, and Commentaries - Signatory States - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". ihl-databases.icrc.org. Retrieved 13 April 2022.
  2. ^ "Treaties, States parties, and Commentaries - States Parties - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". ihl-databases.icrc.org. Retrieved 13 April 2022.
  3. ^ "Putin Pulls Russia Out of Convention on War-Crime Probes". Bloomberg. 17 October 2019.
  4. ^ Cadwalader, George Jr. (2011). "The Rules Governing the Conduct of Hostilities in Additional Protocol I to the Geneva Conventions of 1949: A Review of Relevant United States References". Yearbook of International Humanitarian Law. 14 (December 2011): 133–171. doi:10.1007/978-90-6704-855-2_5.
  5. ^ Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, ICRC; International Committee of the Red Cross
  6. ^ "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". International Committee of the Red Cross.
  7. ^ "Указ Президента Российской Федерации от 16.10.2019 № 494" [Executive order by President of Russian Federation No. 494, 16 October 2019]. publication.pravo.gov.ru. Retrieved 10 March 2022.
  8. ^ a b "Putin Seeks to Abandon Geneva Conventions' Victim-Protection Clause". The Moscow Times. 17 October 2019.
  9. ^ "Putin Pulls Russia Out of Convention on War-Crime Probes". Bloomberg. 17 October 2019.
  10. ^ a b "Putin revokes additional protocol to Geneva Conventions related to protection of war crimes victims". The Globe and Mail. Reuters. 17 October 2019.
  11. ^ "Treaties, States parties, and Commentaries - States Parties - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". International Committee of the Red Cross. Retrieved 19 April 2022.
  12. ^ "UNTC - Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I)". United Nations Treaty Collection. United Nations. Retrieved 19 April 2022.
  13. ^ "A Summary of the Geneva Conventions and Additional Protocols" (PDF). The American National Red Cross.
  14. ^ "Protocol Additional to the Geneva Conventions of 1 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". The American National Red Cross.
  15. ^ a b c "Commentary on the Additional Protocols to the Geneva Conventions" (PDF). International Committee of the Red Cross.
  16. ^ According to "Exceptional Engagement: Protocol I and a World United Against Terrorism" by Michael A. Newton (2009), Texas International Law Journal vol. 45, p 323: "The United States chose not to adopt the Protocol in the face of intensive international criticism because of its policy conclusions that the text contained overly expansive provisions resulting from politicized pressure to accord protection to terrorists who elected to conduct hostile military operations outside the established legal framework."
  17. ^ According to "Protocol I: Moving Humanitarian Law Backwards" by Douglas J. Feith (1986), Akron Law Review vol. 19, issue 4, article 3, pg. 534: "In my view, the upshot of the Diplomatic Conference was a pro-terrorist treaty that calls itself humanitarian law. It is a vindication of the rhetoric, the aims, and the practices of terrorist organizations."
  18. ^ According to "A Response to Douglas J. Feith's Law in the Service of Terror -- The Strange Case of the Additional Protocol" by Waldemar A. Solf (1986), Akron Law Review vol. 20, issue 2, p. 285: "In view of the foregoing, it follows that the self determination provision in Art. 1(4) is largely symbolic and is not at all likely to present any practical problems in operations except that it automatically precludes Israel and South Africa from being parties to the Protocol, an unfortunate consequence in view of the military capability of both states in relation to their neighbors."
  19. ^ "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". International Committee of the Red Cross. Retrieved 22 July 2013.