Law 11 of 1992
Official Gazette No. 40,510 of July 22, 1995
CONGRESS OF THE REPUBLIC
Through which it approved the Additional Protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts (Protocol I), adopted in Geneva on 8 June 1977. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Protocol Additional to the Geneva Conventions of 12 August 1949 on the Protection of Victims of International Armed Conflicts (Protocol I)" which the states:
ADDITIONAL PROTOCOL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 ON THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I)
PREAMBLE The High Contracting Parties,
proclaiming their earnest desire to see peace prevail among peoples,
Recalling that, in accordance with the United Nations Charter, every State has the duty to refrain in their international relations from the threat to the 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,
Whereas it is necessary, however, reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures to strengthen the implementation of such provisions,
Expressing their conviction that nothing in this Protocol or the Geneva Conventions of 12 August 1949 can be interpreted as meaning legitimizing or authorizing any act of aggression or 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 this Protocol must apply fully in all circumstances to all persons protected by those instruments, without any adverse distinction character based on the nature or origin of the armed conflict or on the causes espoused by the parties in conflict or attributed to,
they agreed as next:
TITLE I. GENERAL PROVISIONS.
ARTICLE 1o. GENERAL PRINCIPLES AND SCOPE.
1. The High Contracting Parties undertake to respect and 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 the dictates public awareness.
3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in situations referred to in article 2. common to those Conventions.
4. The situations that the preceding paragraph to include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of the right of peoples to self-determination, enshrined in the Charter of the United Nations and the Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the United Nations Charter.
For the purposes of this Protocol:
a) The term "First Convention", "Second Convention", "Third Convention" and "Fourth Convention" respectively, the Geneva Convention for the Amelioration of the wounded and sick in armed forces in the Field of August 12, 1949; the Geneva Convention for the Amelioration of the Wounded, Sick and Shipwrecked 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; and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949; It is meant by "the Conventions" means the four Geneva Conventions of 12 August 1949 for the protection of war victims;
B) The term "rules of international law applicable in armed conflict" those contained in international agreements to which the Parties are parties to the conflict, as well as generally recognized principles and norms of international law applicable in conflicts armed;
C) The term "Protecting Power" a State neutral or other State not party to the conflict and who, having been designated by a party to the conflict and accepted by the adverse Party, be willing to perform the functions assigned to the protecting Power under the Conventions and this Protocol;
D) The term "substitute" an organization that replaces the Protecting Power in accordance with the provisions of article 5.
ARTICLE 3. BEGINNING AND END OF THE APPLICATION. Without prejudice to the provisions applicable at all times:
a) The Conventions and this Protocol shall apply from the beginning of any situation that article 1 refers to. of this Protocol;
B) The application of the Conventions and this Protocol shall cease, in the territory of the Parties to the conflict, the general close of military operations and, in the case of occupied territories, at the end of the occupation, except, either circumstance, for those persons whose final release, repatriation or resettlement takes place thereafter. Such persons shall continue to benefit from the relevant provisions of the Conventions and this Protocol until their final release, repatriation or resettlement.
ARTICLE 4. LEGAL STATUS OF THE PARTIES TO CONFLICT. The application of the Conventions and this Protocol and the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. The occupation of a territory and the application of the Conventions and this Protocol shall not affect the legal status of same.
The 5th ITEM. APPOINTMENT OF PROTECTING POWERS AND OF THEIR SUBSTITUTE.
1. It is the duty of the Parties to the conflict, since the beginning of this, ensure the monitoring and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those powers, as provided in the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.
2. Since the beginning of one of the situations that article 1 refers to., Each of the Parties to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol, and authorize also promptly and the same purpose, the activities of a protecting Power, designated by the adverse Party, has been accepted by it as such.
3. If you have not been designated or accepted Protecting Power from the beginning of one of the situations that article 1 refers to. The International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, offer its good offices to the Parties to the conflict with a view to the designation without delay of a protecting Power to which the consent of the Parties to the conflict. To this end, the Committee may, inter alia, ask each Party to provide a list of at least five States which that Party considers acceptable to act on its behalf as Protecting Power to an adverse Party, and ask each adverse Party to provide a list of at least five States which are willing to accept to play the role of protective power of the other Party; these lists shall be forwarded to the Committee within two weeks of receipt of the request; it shall compare them and seek the agreement of any proposed State named on both lists.
4. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may make the International Committee of the Red Cross or any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the results of these consultations, to act as a substitute. The exercise of their functions such substitute is subject to consent of the Parties to the conflict; Parties to the conflict shall make every effort to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol.
5. In accordance with Article 4o., The designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory.
6. The maintenance of diplomatic relations between the Parties to the conflict or the fact of entrusting a third State protection of the interests of the Party and of its nationals in accordance with the rules of international law concerning diplomatic relations shall not preclude the designation of protecting Powers for the purpose of applying the Conventions and this Protocol.
7. Any reference hereinafter to in this Protocol of a Protecting Power includes also a substitute.
ARTICLE 6o. QUALIFIED PERSONNEL.
1. The High Contracting Parties shall, also in peacetime, with the assistance of National Societies of the Red Cross (Red Crescent, Red Lion and Sun), train qualified personnel to facilitate the application of the Conventions and this Protocol, in particular the activities of the protecting Powers.
2. The recruitment and training of such personnel are within domestic jurisdiction.
3. The International Committee of the Red Cross will be available to the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to effect.
4. The conditions for use of the services of such personnel outside the national territory shall, in each case subject of special agreements between the parties concerned.
ARTICLE 7. MEETINGS. The depositary of this Protocol at the request of one or more of the High Contracting and with the approval of most of these Parties, convene a meeting of the High Contracting Parties to consider general problems concerning the application of the Conventions and Protocol.
WOUNDED, SICK AND NAUFRAGOS.
SECTION I. GENERAL PROTECTION.
Article 8. TERMINOLOGY. For the purposes of this Protocol:
a) It is "Wounded" and "sick" mean persons, whether military or civilian, who, because of trauma, disease or other disorders or physical or mental disabilities order, have need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, newborns and others who may be in need of immediate medical assistance or care, such as the infirm, and expectant mothers, and who refrain from any act of hostility;
B) "Shipwrecked" means persons, whether military or civilian, who are in distress at sea or in other waters as a result of misfortune affecting them or affecting the ship or aircraft He is carrying them and who refrain from any act of hostility. These people, provided they continue to refrain from any act of hostility, continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
C) The term "medical personnel" assigned, by a Party to the conflict exclusively to the medical purposes enumerated in paragraph e) or to the administration of medical units or to the operation or administration of medical transports . Such assignments may be either permanent or temporary. The term includes:
i) Medical personnel, whether military or civilian, a Party to the conflict, including those described in the Conventions I and II, as well as the civil protection agencies;
Ii) Medical personnel of National Societies of the Red Cross (Red Crescent, Red Lion and Sun) and other national voluntary aid societies duly recognized and authorized by a Party to the conflict;
Iii) Medical personnel of medical units or sanitary means of transport mentioned in paragraph 2 of Article 9, .;
D) The term "religious personnel" means military or civilian such as chaplains, dedicated exclusively to the exercise of their ministry and attached:
i) To the armed forces of a Party to the conflict; and
ii) to medical units or medical transports of a Party to the conflict;
Iii) To medical units or medical transports described in paragraph 2 of article 9., Or
iv) A civil protection agencies of a Party to the conflict.
The attachment of religious personnel may be either permanent or temporary, and apply to them the relevant provisions of paragraph k);
E) The term "medical units" means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment (including first aid) of the wounded, sick and shipwrecked, as well as disease prevention. The term includes, among others, hospitals and other similar units, centers of blood transfusion centers and institutes of preventive medicine and deposits of medical equipment as well as medical stores and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
F) "Medical transportation" transportation by land, water or air of the wounded, sick and shipwrecked, medical or religious personnel or equipment and medical supplies protected by the Conventions and this Protocol ;
G) The term "medical transport" means any military or civilian, permanent or temporary transportation, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conflict;
H) "Medical vehicles" means any medical transports by land;
I) The term "medical ships and craft" means any medical transports by water;
J) The term "medical aircraft" means any medical transports by air;
K) are "permanent" medical personnel, medical units and medical transports to be assigned exclusively to medical purposes for an indeterminate period. Are "temporary" medical personnel, medical units and medical transports devoted exclusively to medical purposes for limited periods during the whole of such periods. While not otherwise specified, the terms "medical personnel", "health unit" and "medical transport" cover personnel, units and means of both permanent and temporary medical transports;
L) The term "distinctive sign" the red cross, the red crescent or the red lion and sun on a white background. when used for the protection of units and medical transports, or medical and religious personnel, equipment and material;
M) The term "distinctive signal" means any signal or message specified in Chapter III of Annex I to this Protocol and intended solely for the identification of units and medical transports.
Article 9. AREA OF APPLICATION.
1. This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction based on race, color, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status or any other similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First Convention to medical units and means of permanent medical transports shall apply (except hospital ships, to which Article 25 of the Second Convention applies) and staff of those those units or means of transport, made available to a Party to the conflict for humanitarian purposes:
a) by a neutral or other State not party to that conflict;
B) For a society of recognized and authorized such state aid;
C) By an impartial international humanitarian organization.
ARTICLE 10. PROTECTION AND ASSISTANCE.
1. All the wounded, sick and shipwrecked, whatever the Party they belong, shall be respected and protected.
2. In all circumstances they are treated humanely and shall receive, to the fullest extent possible and in the shortest possible time, medical care required by their state. There shall be no distinction among them that is not based on medical criteria.
ARTICLE 11. PROTECTION OF PERSON.
1. will not jeopardize, by any unjustified act or omission, health or physical or mental integrity of persons in the power of the adverse Party or who are interned, detained or deprived of liberty in any other way because of a situation referred Article 1. Consequently, it is prohibited to subject the persons referred to in this Article to any medical procedure which is not indicated by their health status and is not in accordance with generally accepted medical standards that would apply to similar medical circumstances private non-nationals freedom of the party performing the act.
2. They are prohibited in particular, even with their consent such persons:
a) Physical mutilations;
B) medical or scientific experiments;
C) removal of tissue or organs for transplantation, except where these acts are justified under the conditions specified in paragraph 1.
3. Only be exempted from the application of the prohibition referred to in paragraph c) of paragraph 2 donations of blood for transfusion or skin for grafting, provided that they are given voluntarily and without any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the benefit of both the donor and the recipient.
4. It will constitute a serious infringement of this Protocol any act or deliberate omission that seriously jeopardizes the health or physical or mental integrity of every person in possession of a Party other than that on which it depends, whether it violates any of the prohibitions contained in the paragraphs 1 and 2, is not meeting the requirements laid down in paragraph 3.
5. Persons paragraph 1 shall have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavor to obtain a written statement to that effect, signed or acknowledged by the patient
6. Any Party to the conflict shall keep a medical record of donations of blood for transfusion or skin for grafting by persons referred in paragraph 1, if that donation is made under the responsibility of that Party. In addition, any Party to the conflict shall endeavor to keep a record of all medical procedures undertaken regarding interned, detained or otherwise deprived of their liberty because of a situation referred to in Article 1. These records shall at all times available protecting Power for inspection.
ARTICLE 12. PROTECTION OF MEDICAL UNITS.
1. Medical units shall be respected and protected at all times and not be subject to attack.
2. Paragraph 1 shall apply to civilian medical units, provided they meet one of the following conditions:
a) Belong to one of the Parties to the conflict;
B) are recognized and authorized by the competent authority of a Party to the conflict;
C) Be authorized in accordance with paragraph 2 of article 9. of this Protocol or Article 27 of the First Convention.
3. Parties to the conflict are invited to notify the location of their fixed medical units. The absence of such notification shall not exempt any of the parties to observe the provisions of paragraph 1
4. Medical units will not be used under any circumstances to attempt to render military objectives immune from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives endanger.
ARTICLE 13. CESSATION OF PROTECTION OF CIVILIAN HEALTH UNITS.
1. Protection of civilian medical units are entitled shall not cease unless they are used, outside their humanitarian function, acts harmful object to the enemy is made. However, protection cease only after a warning with fixed whenever appropriate, a reasonable time, unheeded.
2. is not considered as acts harmful to the enemy:
a) The fact that the staff of the unit are equipped with light individual weapons for their own defense or that of the wounded and sick in their charge;
B) Keeping the unit by a picket or by sentries or by an escort;
C) The fact that the unit arms and ammunition taken from the wounded and sick, not yet handed to the proper service, are found;
D) The presence in the unit for medical reasons, members of the armed forces or other combatants.
ARTICLE 14. LIMITATIONS ON CIVILIAN HEALTH UNITS REQUISITION.
1. The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.
2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, material and services staff, while these resources are necessary to provide medical services for the civilian population and for the continuing medical care of the wounded or sick already under treatment.
3. The Occupying Power may requisition the said resources provided to continue to monitor the general rule in paragraph 2 and under the following specific conditions:
A) That the resources are necessary for the adequate and immediate medical treatment of the wounded and sick of the armed forces of the Occupying Power or of prisoners of war;
B) That the requisition continues only while such necessity exists; and
c) That immediate arrangements are made to ensure that the medical needs continue civilians, as well as the wounded and sick under treatment who are affected by the search.
ARTICLE 15. PROTECTION OF CIVILIAN MEDICAL AND RELIGIOUS PERSONNEL.
1. Civilian medical personnel shall be respected and protected.
2. If necessary, civilian medical personnel will provide all possible assistance in those areas where civilian medical services are disrupted by reason of combat activity.
3. In the occupied territories, the Occupying Power shall afford civilian medical personnel every assistance so that it can fulfill its humanitarian mission in the best way. The Occupying Power may not require that, in fulfilling its mission, such personnel shall give priority to the treatment of any person except on medical grounds. You will not be required to perform tasks that are not compatible with their humanitarian mission.
4. Civilian medical personnel shall have access to places where their services are essential, subject to the control and security measures that the Party to the conflict may deem necessary.
5. Civilian religious personnel shall be respected and protected. They are applicable to these persons the provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel.
ARTICLE 16. GENERAL PROTECTION OF MEDICAL MISSION.
1. It will not be punished for having carried out medical activities compatible with ethics, whatever the circumstances or beneficiaries of such activity.
2. Not be compelled to persons engaged in medical activities to perform acts or to carry out work contrary to professional ethics or other medical rules designed to protect the wounded and sick, or the provisions of the Conventions or of this Protocol, or refrain from acts required by those rules and provisions.
3. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are or have been assisted by that person when, in its opinion, such information could be detrimental to the persons concerned or for their families. However, they must respect the requirements for mandatory reporting of communicable diseases.
ARTICLE 17 ROLE OF CIVILIANS AND RELIEF SOCIETIES.
1. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. the civilian population and aid societies, such as National Societies (Red Crescent, Red Lion and Sun) Red Cross, even on its own initiative, to collect and shipwrecked, even in invaded regions or occupied shall be authorized . He did not mind, process, convicted or punished for such humanitarian acts.
2. Parties to the conflict may appeal to the civilian population or the society is relief referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant the necessary protection and those who respond to this appeal facilities. If the adverse Party gains or regains control of the region will afford the same protection and facilities for as long as necessary.
ARTICLE 18. IDENTIFICATION.
1. Each Party to the conflict shall endeavor to ensure that medical and religious personnel and units and medical transports to be identified.
2. Each Party to the conflict shall also endeavor to adopt and implement methods and procedures to identify the units and medical transports which use the distinctive emblem and distinctive signals.
3. In occupied territory and in areas that are developed or is likely to fighting, civilian medical personnel and civilian religious personnel are developed they will be released, as a rule, by the distinctive emblem and an identity card certifying his condition.
4. Units and medical transports shall be marked with the consent of the competent authority, by the distinctive emblem. Ships and boats that Article 22 of this Protocol refers shall be marked in accordance with the provisions of the Second Convention.
5. In addition to the distinctive emblem in accordance with the provisions of Chapter III of Annex I to this Protocol, a Party to the conflict may authorize the use of distinctive signals to identify units and medical transports. Exceptionally, in specific cases provided for in Chapter III of the Annex, the medical transports may use distinctive signals without displaying the distinctive emblem.
6. The implementation of the provisions of paragraphs 1 to 5 shall be governed by Chapters I to III of Annex I to this Protocol. Signals designated in accordance with Chapter III of the Annex for the exclusive use of the units and means of transport, will be used, except as provided in this Chapter, for the identification of units and transport sanitary specified therein.
7. This article does not authorize the distinctive emblem in peacetime, wider use than stipulated in Article 44 of the First Convention.
8. The provisions of the Conventions and this Protocol relating to supervision of the use of the emblem and the prevention and repression of any misuse thereof shall be applicable to distinctive signals.
ARTICLE 19. Neutral and other STATES NOT PARTIES TO THE CONFLICT.
The Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, as well as the dead of the Parties to the conflict that they may find.
ARTICLE 20. PROHIBITION OF RETALIATION. Reprisals against the persons and objects protected by this Part are prohibited.
medical vehicles. Medical vehicles shall be respected and protected mode under the Conventions and this Protocol as mobile medical units.
SHIPS ARTICLE 22. HOSPITALS AND COASTAL RESCUE CRAFT.
1. The provisions of the Conventions relating to:
a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention;
B) their lifeboats and small craft;
C) their personnel and crews, and
d) The wounded, sick and shipwrecked on board, shall also apply in cases where such ships, boats or vessels carrying wounded, sick and shipwrecked civilians who do not belong to any of the categories mentioned in Article 13 of the Second Convention. These civilians, however, may not be delivered to a Party to the conflict other than their own, or to capture at sea. If they find themselves in the hands of a Party to the conflict other than their own they the provisions of the Fourth Convention and this Protocol shall apply.
2. The protection provided by the Conventions to vessels described in Article 25 of the Second Convention shall extend to hospital ships made available to a Party to the conflict for humanitarian purposes:
a) For a State neutral or other State not is a party to that conflict; or
b) By an impartial international humanitarian organization;
Provided that the requirements set out in that Article are fulfilled in both cases.
3. The vessels described in Article 27 of the Second Convention shall be protected even if the notification envisaged by that is not done. However, Parties are invited to the conflict to any information to facilitate the identification and recognition of such vessels communicate to each other.
ARTICLE 23. OTHER
ships and craft.
1. Ships and various health vessels referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected as provided for in the Conventions and this protocol for mobile medical units. Since this protection can only be effective if they can be identified and recognized as medical ships and craft, such vessels should be marked with the distinctive emblem and as far as possible, comply with the provisions of the second paragraph of Article 43 of the Second Convention .
2. Ships and boats in paragraph 1 shall remain subject to the laws of war. All warship navigate on the surface and is able to enforce his order immediately order them to stop, to stay away or take a certain course, and an order of this nature must be obeyed. Such ships and craft may not be any other way diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board.
3. The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy for the purposes of Article 34 of the Second Convention.
4. Any Party to the conflict may notify any adverse Party as possible in advance before the trip, the name, description, expected time of departure, the route and the estimated medical ship or boat speed, particularly in the case of vessels over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information.
5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.
6. The relevant provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories that Article 13 of the Second Convention and Article 44 of this Protocol, which are on board these ships and craft referred to. The wounded, sick and shipwrecked civilians who do not belong to the categories mentioned in Article 13 of the Second Convention shall not be subject, if they are at sea, a Party that is not their own or forced to abandon such ships or boats ; if, however, are in power of a Party to the conflict other than their own, they will be covered by the Fourth Convention and this Protocol.
ARTICLE 24. PROTECTION OF MEDICAL AIRCRAFT. Medical aircraft shall be respected and protected in accordance with the provisions of this Title.
ARTICLE 25. MEDICAL AIRCRAFT IN AREAS NOT CONTROLLED BY AN ADVERSE PARTY.
In the land areas physically controlled by friendly forces, or in the sea areas not physically controlled by an adverse party and its airspace, respect and protection of medical aircraft of a Party to the conflict does not depend on any agreement with an adverse Party. However, for safety, the Party to the conflict operating its medical aircraft in these areas may give adverse Party, the notification provided for in Article 29, especially when such aircraft are making flights bringing them within reach of weapons systems surface -Air of the adverse Party.
ARTICLE 26. MEDICAL AIRCRAFT IN AREAS OF CONTACT OR SIMILAR.
1. In the parts of the contact zone which are physically controlled by friendly forces and in areas whose control of which is not clearly established, and in its airspace, protection of medical aircraft can only be fully effective if average of agreement between the competent military authorities of the Parties to the conflict in accordance with the provisions of Article 29. medical aircraft, in the absence of such agreement, operate at their own risk, they shall nevertheless be respected after they have been recognized as such .
2. A "contact zone" means any area on land where the forward elements of opposing forces are in contact with each other, particularly when they are exposed to direct fire from the ground.
ARTICLE 27. MEDICAL AIRCRAFT IN AREAS CONTROLLED BY AN ADVERSE PARTY.
1. The medical aircraft of a Party to the conflict continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that such flights has previously obtained the consent of the competent authority of that adverse Party.
2. A medical aircraft which flies over an area physically controlled by an adverse Party without the agreement area referred to in paragraph 1 above, or in deviation from the agreement, due to a navigational error or an emergency situation that jeopardizes the safety of the flight, shall make every effort to identify and inform the adverse Party of the circumstances in which it is located. As soon as the adverse Party has recognized such medical aircraft, it shall make all reasonable efforts to give the order to land or to alight on water paragraph 1 of Article 30 refers or to take other measures to safeguard the interests of the Party and in both cases, before resorting to an attack against the aircraft time for compliance.
ARTICLE 28. Restrictions on operations of medical aircraft.
1. It prohibits parties to a conflict from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used to attempt to render military objectives immune from attack.
2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment intended for such purposes. They are forbidden to transport people or cargo not included within the definition in paragraph f) Article 8 shall not be deemed prohibited transport on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or the identification.
3. Medical aircraft shall not carry any armament except small arms and ammunition that have been taken from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary for that medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.
4. Unless prior agreement with the adverse Party, medical aircraft shall not be used when carrying out the flights referred to in Articles 26 and 27 to search for the wounded, sick and shipwrecked.
ARTICLE 29. NOTICES AND AGREEMENTS CONCERNING MEDICAL AIRCRAFT.
1. Notifications under Article 25 and requests for prior agreement under Articles 26, 27, 28, should paragraph 4, and 31 shall indicate the number of medical aircraft, their flight plans and means of identification; such notifications and requests shall be interpreted as meaning that flights are made in accordance with the provisions of Article 28.
2. The Party receiving a notification under Article 25 shall acknowledge receipt of such notification.
3. The Party receiving a request for prior agreement under the provisions of Articles 26, 27, 28, paragraph 4, or 31 shall, as rapidly as possible to the Party which has made such a request:
a) the acceptance of the application;
B) Denial of the application; or
c) A reasonable alternative proposals to the request. It may also propose a prohibition or restriction of other flights in the area concerned during the period. If the Party which submitted the request accepts such, it shall notify its acceptance to the other Party.
4. The Parties shall take the necessary measures so that they can make such notifications and agreements without delay.
5. The Parties also take the necessary measures to ensure that the substance of any such notifications and agreements to rapidly disseminated among interested military units, which will be informed about the means of identification used by the medical aircraft in question.
LANDING AND INSPECTION OF MEDICAL AIRCRAFT.
1. Medical aircraft flying over physically controlled by an adverse Party or areas whose domain is not clearly established areas may be intimadas landing or, where appropriate, to alight, in order to proceed to the inspection provided in the following paragraphs. Medical aircraft shall obey any such order.
2. If such an aircraft lands or alights, whether ordered to or by any other circumstances, may only be inspected to check that the ends referred to in paragraphs 3 and 4 of this article. The inspection shall be commenced without delay and shall be conducted expeditiously. The Party carrying out the inspection not required to be removed from the aircraft the wounded and sick, unless it is essential for the inspection. In any case that part shall ensure that the inspection or by the not aggravate the condition of the wounded and sick.
3. If the inspection reveals that the aircraft:
A) Is a medical aircraft within the meaning of paragraph j) of Article 8;
B) not contravene the conditions prescribed in Article 28 and
c) has not flown without or in violation of agreement where such agreement is required, the aircraft and its occupants belonging an adverse Party or to a neutral or other State not a Party to the conflict shall be authorized to continue the flight without delay.
4. If the inspection reveals that the aircraft:
a) not a medical aircraft within the meaning of paragraph j) of Article 8;
B) contravenes the conditions prescribed in Article 28 or
c) Has flown without prior agreement or in violation of a prior agreement where such agreement is required, the aircraft may be seized. Its occupants shall be treated in accordance with the relevant provisions of the Conventions and this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may only be used thereafter as a medical aircraft.
NEUTRAL STATES OR OTHER STATES NOT PARTIES TO THE CONFLICT.
1. Medical aircraft shall not fly over the territory of a neutral or other State not a Party to the conflict or ditching him or land, except by prior arrangement. However, with such an agreement, they shall be respected throughout their flight and during any calls in the territory. However, they must obey every summons to land or, if applicable, ditching.
2. The medical aircraft, without prior agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not Party to the conflict, either through navigational error or because of an emergency situation affecting the flight safety, will make every effort to notify the flight and to identify. As soon as that State has recognized such medical aircraft, shall make all reasonable efforts to give the order to land or to alight on water paragraph 1 of Article 30 refers or to take other measures to safeguard the interests of that State and, in both cases, give the aircraft time for compliance, before resorting to an attack.
3. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on the territory of a neutral or other State not party to the conflict, whether ordered to or by any other circumstance, shall be subject to inspection to determine whether it is a medical aircraft. The inspection shall be commenced without delay and shall be conducted expeditiously. The Party carrying out the inspection not required to be removed from the aircraft the wounded and sick who rely on the Party operating the aircraft unless it is essential for the inspection. In any case, that Party shall ensure that such inspection or landing not aggravate the condition of the wounded and sick. If the inspection reveals that the aircraft is in fact a medical aircraft, the aircraft with its occupants except those who must be detained in accordance with the rules of international law applicable in armed conflict, it shall be allowed to continue its flight, and receive facilities appropriate for it. If the inspection reveals that the aircraft is not a medical aircraft, the aircraft shall be seized and the occupants treated in accordance with paragraph 4.
4. Except for those who are temporarily landed, the wounded, sick and shipwrecked disembarked from a medical aircraft with the consent of the local authority in the territory of a neutral or other State not a Party to the conflict shall, unless that State and the Parties to the conflict agree otherwise, be detained by that State where the rules of international law applicable in armed conflict so demand, so they can not again take part in hostilities. The costs of hospital and internment shall be borne by the State to which those persons belong.
5. Neutral or other States not Parties to the conflict apply equally to all Parties to the conflict any conditions and restrictions on the overflight of its territory by medical aircraft or landing them in it.
MISSING AND DEAD.
ARTICLE 32. GENERAL PRINCIPLE. In the application of this Section, the activities of the High Contracting Parties of the Parties to the conflict and international humanitarian organizations mentioned in the Conventions and this Protocol shall be prompted mainly by the right that assists families know the fate of their members.
ARTICLE 33. MISSING.
1. As soon as circumstances permit, and at latest from the end of active hostilities, each Party to the conflict shall search for persons reported missing by an adverse Party. In order to facilitate such searches Such adverse Party shall transmit all relevant information on the persons concerned.
2. In order to facilitate obtaining information in accordance with the provisions of the preceding paragraph, each Party to the conflict shall, with respect to persons who do not benefit from more favorable conditions under the Conventions or of this Protocol:
a) Register in the manner provided in Article 138 of the Fourth Convention information about such persons who have been detained, imprisoned or kept in any other form of captivity for more than two weeks as a result of hostilities or occupation or had died during any period of detention;
B) To the fullest extent possible, facilitate and, if necessary, carry out search and recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation.
3. The information on persons have been reported missing in accordance with paragraph 1 and requests for such information shall be transmitted directly or through the Protecting Power, of the Central Tracing Agency of the International Committee of the Red Cross or national Societies of the Red Cross (Red Crescent, Red Lion and Sun). When the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Agency.
4. Parties to the conflict shall endeavor to agree on arrangements for teams to search for, identify and recover the dead areas of the battlefield; those provisions may, where appropriate, that such groups be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by. Personnel of such teams shall be respected and protected while exclusively carrying out these missions.
ARTICLE 34 REMAINS OF DECEASED PERSONS.
1. The remains of the deceased as a result of the occupation or in detention are because of the occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities must be respected and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favorable consideration under the Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in whose territories graves and, where appropriate, other places where the remains of people who have died as a result of hostilities during occupation or in detention are situated, they shall conclude agreements in order:
a) Provide members of the families of the deceased and representatives of official graves registration services access to the graves, and determine the provisions practical arrangements for such access;
B) To ensure permanent protection and maintenance of such gravesites;
C) To facilitate the repatriation of the remains of deceased persons and the return of personal effects to the home country, at the request of that country or, unless that country objects, upon the request of relatives closer .
3. In the absence of the agreements provided for in paragraphs b) or c) of paragraph 2 and if the country of origin of such deceased is not willing to cover the expenses for the maintenance of such gravesites, the High Contracting Party in whose territory they are such gravesites may offer to facilitate the return of the remains to the country of origin. If such an offer was not accepted, the High Contracting Party after five years from the date of the offer and upon due notice to the home country may apply the provisions of its legislation cemeteries and graves.
4. The High Contracting Party in whose territory the burial ground are that this article may exhume the remains only mean:
a) Under the provisions of paragraph c) of paragraph 2 and paragraph 3, or
B) Where exhumation is an overriding public necessity, including cases of medical necessity or administrative or judicial investigation, in which case the High Contracting Party shall at all times due respect to the remains and notify the country of its intention to exhume with details of the place where it is proposed to give new burial.
METHODS AND MEANS OF WARFARE.
Combatant Status AND POW.
SECTION I. METHODS AND MEANS OF WARFARE.
1. In any armed conflict the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.
2. the use of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering is prohibited.
3. the use of methods or means of warfare which are intended to cause prohibited, or may be expected to cause widespread, long-term and severe damage to the natural environment.
ARTICLE 36. NEW WEAPONS. When a High Contracting Party study, development, acquisition or adoption of a new weapon, means or methods of warfare, the obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.
prohibition of perfidy.
1. kill, injure or capture an adversary by resort to perfidy is prohibited. Constitute perfidy acts appealing to the good faith of an adversary to lead him, give to understand that it is entitled to protection, or is required to grant, in accordance with the rules of international law applicable in armed conflict . They are examples of perfidy the following acts:
a) Simulate intent to negotiate under a flag of truce or of a surrender;
B) The feigning of an incapacitation by wounds or sickness;
C) the feigning of civilian, non-combatant; and
d) the feigning of protected status has, through the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.
2. stratagems are not prohibited. Are stratagems acts purporting to mislead an adversary or make you commit indiscretions, but which infringe no rule of international law applicable in armed conflict, nor are treacherous because they do not appeal to the good faith of an adversary with respect to protection under that law. Examples of stratagems the following acts: camouflage, decoys, mock operations and misinformation.
ARTICLE 38. RECOGNIZED EMBLEMS.
1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and other emblems or signs or signals provided by the Conventions or this Protocol sun. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized emblems protective signs or signals, including the flag of truce, and the protective emblem of cultural property.
2. It is prohibited to use the distinctive emblem of the United Nations, except in cases authorized by that Organization.
ARTICLE 39. Emblems of nationality.
1. It is forbidden to use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.
2. It is prohibited to make use of the flags or emblems, insignia or uniforms of adverse Parties while engaging in attacks or to shield, favor, protect or impede military operations.
3. None of the provisions of this Article or Article 37, paragraph 1, d), affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
ARTICLE 40. HEADQUARTERS. It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.
ARTICLE 41 SAFEGUARD THE ENEMY knocked out.
1. No person shall be subject to attack when recognized or who, in the circumstances should be recognized to be hors de combat.
2. It is out of action everyone:
a) is in the power of an adverse Party;
B) he clearly expresses an intention to surrender; or
C) is unconscious or otherwise incapacitated due to injury or sickness, and therefore unable to defend himself; and provided that in either case, refrain from any hostile act and does not attempt to escape.
3. When persons entitled to protection enjoyed by prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided in Section I of Title III of the Third Convention, will be released , and all feasible precautions taken to ensure their safety.
ARTICLE 42. Occupants of aircraft.
1. No person parachuting from an aircraft in distress will be attacked during their descent.
2. Upon reaching the ground in an adverse Party-controlled territory, the person who has parachuted from an aircraft in distress should have an opportunity to surrender before being attacked, unless it is apparent that he is engaging in a hostile act.
3. Airborne troops are not protected by this article.
Combatant Status AND POW.