169/1991.
The communication from the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 8 March. June 1977
were in Geneva adopted the additional protocol to the Geneva Conventions of 12.
August 1949 on the protection of victims of international armed conflicts
(Protocol I) and the additional protocol to the Geneva Conventions of 12. August 1949
on the protection of victims of armed conflicts, which have international character
(Protocol II). On behalf of the Czechoslovak Socialist Republic have been
The additional protocols signed in Berne on 6. December 1978.
With the additional protocols have expressed their approval of the Federal Assembly of the
The Czechoslovak Socialist Republic and the President of the Czechoslovak
the Socialist Republic is ratified. The instruments of ratification have been
deposited with the Swiss Federal Council, depositary of the conventions, on 14 June 2005. February
1990.
The additional protocols entered into force on the basis of articles 95
paragraph. 1 and the decision. 1 day 7. December 1978. For Czech and Slovak
Federative Republic entered into force in accordance with articles 95
paragraph. 2 and the decision. 2 day 14. August 1990.
The Czech translation of additional protocols shall be published at the same time.
The additional protocol
to the Geneva Conventions of 12. August 1949 on the protection of victims of international
armed conflicts (Protocol I)
The High Contracting Parties,
declaring that you urgently want to make peoples live in peace,
Recalling that every State has the obligation, in accordance with the Charter of
The United Nations cut out in their international
the relations of the threat or use of force against the sovereignty, territorial
integrity or political independence of any State, as well as
in any other manner inconsistent with the objectives of the United
of the Nations,
However, having a need to reaffirm and develop the provisions
protecting the victims of armed conflicts and to supplement the measures which are
intended to ensure their more effective application,
Expressing its conviction that no provision of this Protocol, or
The Geneva Conventions of 12. August 1949 shall be construed as if
justify or permit any act of aggression or any other
the use of force inconsistent with the Charter of the United Nations,
Reaffirming also the provisions of the Geneva Conventions, of 12. August 1949 and
This Protocol must be fully applied in all circumstances to all
persons who are protected by these documents, without any
the unfavourable difference based on the nature or origin of the armed
or the causes of conflicts, which claimed or that they
attribute parties in conflict,
have agreed as follows:
Part I
General provisions
Article 1
General principles and scope of application
1. The High Contracting Parties undertake, under all circumstances will be
to maintain this Protocol and ensure its observance.
2. in cases not covered by this Protocol or by other international
the agreement, civilians and kombatanti remain under the protection and in the framework of the
the scope of the principles of international law resulting from the steady
Customs, from the principles of humanity and of the requirements of social conscience.
3. this Protocol, which supplements the Geneva Conventions of 12. August 1949 about
the protection of victims of war, will be applied to the situation referred to in the common
Article 2 of these conventions.
4. the Situations referred to in the preceding paragraph means the armed
conflicts in which peoples are fighting against colonial domination and alien
occupation and against racist regimes, that exercised their right to
self-determination, as enshrined in the Charter of the United Nations and in
Declaration of principles of international law concerning friendly relations and
cooperation among States in accordance with the Charter of the United Nations.
Article 2
The definition of the
For the purposes of this Protocol:
and the Convention) "first", "Second Convention", "third Convention" and "Fourth Convention"
are synonymous with the Geneva Convention for the amelioration of raněnýcha
the sick members of the armed forces in the field of 12. August 1949
The Geneva Convention for the amelioration of the wounded, sick and shipwrecked
the armed forces at sea of 12 August. August 1949 Geneva Convention on
the treatment of prisoners of war of 12 August. August 1949 Geneva Convention on
the protection of civilian persons in time of war of 12 August. August 1949; the term "Convention"
indicates the four Geneva Conventions of 12 August August 1949 on the protection of
victims of war;
(b)) "rules of international law applicable in armed conflict"
are the standards applicable in armed conflict, which
are contained in international agreements, the parties are parties
conflict, and generally recognized principles and standards of international law
applicable in armed conflicts;
(c)) "protective power" is a neutral or other State which is not a party in the
the conflict, which has been appointed by one party in the conflict and other
party in the conflict accepted and that he agreed to perform
the functions prescribed by the conventions and this Protocol for protective power;
(d)) "Substitute" is an organization acting on behalf of the trade powers in the
accordance with article 5.
Article 3
Beginning and end of application
Without prejudice to the provisions which shall be applied at any time:
and the Convention and this Protocol) will be applied from the beginning of any
the situation referred to in article 1 of this Protocol;
(b)), the application of this Protocol, the conventions and ends up on the territory of the parties in conflict
in general the termination of military operations in the occupied territories and in
ending the occupation. An exception is in both cases, those individuals whose
final release, repatriation or resettlement occurs later.
These persons will continue to benefit from the relevant provisions of those
Of the conventions and of this Protocol until their final release,
repatriation or resettlement.
Article 4
The legal position of the parties in conflict
The application of the conventions and of this Protocol, as well as the conclusion of agreements envisaged
These documents, they will not affect the legal position of the parties in the
the conflict. The occupation of the territory or the application of the conventions and of this Protocol will not be
have an effect on the legal status of the territory.
Article 5
The appointment of the protective powers and their substitutes
1. the obligations of the parties in the conflict since the beginning of the conflict between them is
ensure the control and application of the conventions and of this Protocol using the system
protective powers, which includes in particular the appointment and acceptance of these
powers in accordance with the following paragraphs. Protective power will be
have the obligation to defend the interests of the parties in conflict.
2. From the beginning of a situation referred to in article 1, each party to the conflict
appoint without delay a trade power for the purpose of the application of conventions and
This Protocol and without delay, and also for the same purpose permits
the activity of the protective powers, approved by, and with the appointment of
agreed to the opposite side.
3. If the protective power has not been designated or accepted from the beginning
the situation referred to in article 1, the International Committee of the Red Cross, without
prejudice to the right of any other impartial humanitarian organization
proceed similarly, will offer its good offices to the parties in the conflict for
the purpose of the prompt appointment of the protective powers, with which the parties (f)
the conflict agree. For this purpose, among other things, will be able to ask each
He added that a list of at least five States which it considers
acceptable to act on its behalf as a trade power in relation to the
the opposite side, and ask each other side to it with a list of
at least five States which would be adopted as a trade power the second
party. These lists must be sent to the Committee, within two weeks of receipt of the
request. The Committee lists and compares each require the consent of the State whose
name on these lists.
4. If, notwithstanding the above, there will be a trade
power, conflict, the Parties shall, without delay, the menu you will
able to make the International Committee of the Red Cross or any other
the Organization, which offers all guarantees of impartiality and ability,
to act as a substitute, after appropriate consultations with the parties
and taking into account the outcome of these consultations. The activities of such
subject to the consent of the parties in substituta conflict; the parties in conflict
make every effort to facilitate the activity in the performance of substituta
its tasks in accordance with the conventions and this Protocol.
5. in accordance with article 4 does not have an appointment and the adoption of safeguard
powers for the purpose of the application of the conventions and this Protocol shall affect the legal
position of the parties in conflict or of any territory, including the territory of the
-occupied.
6. The maintenance of diplomatic relations between the parties in conflict or
the credentials of a third State protection the interests of some parties and the interests of its
Members in accordance with the standards of international law on diplomatic
relations is not an obstacle to trade the appointment powers of the application
The conventions and this Protocol.
7. any mention of protective powers in this Protocol also indicates
substituta.
Article 6
Qualified staff
1. The High Contracting Parties to pursue even in times of peace to a
the assistance of the national Red Cross (Red Crescent,
Red Lion and Sun) was prepared by qualified personnel, which would
to assist the application of the conventions and of this Protocol, and in particular the activities of the
protective powers.
2. the Recruitment and training of such personnel are within the national jurisdiction.
3. The International Committee of the Red Cross will have for the High Contracting Parties
lists of the persons thus prepared, drafted and to
this purpose shall forward to the High Contracting Parties.
4. the conditions governing the use of such non-State territory will be in the
each case regulated in special agreements between the competent
parties.
Article 7
Meeting
The depositary of this Protocol shall convene at the request of one or more of the high
of the Contracting Parties and, after the consent of the majority of these parties meeting these
The High Contracting Parties in order to discuss the General issues
relating to the application of the conventions and of this Protocol.
Part II
The wounded, sick and shipwrecked men
Section I
General protection
Article 8
Definition of terms
For the purposes of this Protocol:
"the wounded") and "sick" are military or civilian persons for
personal injury, disease or other physical or mental disorders or inability to
in need of medical assistance or care and present any
enemy activity. These concepts also apply to mothers,
babies and other persons that might need immediate
medical advice or care, such as sick people or pregnant women and which
present any enemy activity;
(b)) "Castaways" are military or civilian persons, that are in the
a dangerous situation at sea or in other waters as a result of the disaster,
that hit them, or ship or aircraft which carried, and which
present any hostile activities. These persons, provided that the
continue to present any enemy activity, continue to be treated as
for rescue operations for survivors until, in accordance with the conventions
or this Protocol shall take a different status;
(c)) "medical staff" are persons who are party to the conflict
intended solely for medical purposes, as listed in paragraph (e)), or
to manage the health care units, or to control or manage
of medical units or to the management or administration of health care
means of transport. This determination may be permanent or temporary. This
the term includes:
I) medical staff parties in conflict, military or civilian,
including staff, that is listed in the first and second Convention, and which is
assigned to civil defence organizations;
II) medical personnel of national Red Cross
(Red Crescent, Red Lion and Sun), and other national
voluntary organisations duly recognised and authorised party in the
conflict;
III) medical personnel of medical units or medical
the transport referred to in article 9, paragraph 2;
(d)) "spiritual" are military or civilian persons, such as
priests, which is exclusively concerned with spiritual activities and are allocated to:
I) to armed forces of the parties in the conflict; or
II) to medical units or medical transport
resources the parties in conflict; or
(iii)) to medical units or medical transport
the resources referred to in article 9, paragraph 2; or
IV) to civil defense organizations, the parties to the conflict.
Spiritual staff may be assigned permanently or temporarily and is subject to
the relevant provisions referred to in paragraph k);
e) "Medical units" are devices and other units, military or
civilian, organized for medical purposes, to search,
the collection, transportation, diagnosis or treatment and to provide the first
to help the wounded, the sick and victims or to disease prevention. This
the term includes, inter alia, hospitals and other similar units, blood transfusion
the Centre, the Centre and the institutes of medical prevention, medical warehouse
and the medical and pharmaceutical stores of such units. Medical
units may be fixed or mobile, permanent or temporary;
(f)), "Health" is the transport of the wounded, sick, shipwrecked,
medical staff, personnel, medical equipment
and medical consignments protected conventions and this Protocol, after
the ground, water or air;
g) "Medical means of transport" is any shipping
resources, military or civilian, permanent or temporary, designed exclusively
for medical transportation and controlled by the competent authority of the parties a.
conflict;)
h) "Medical vehicles" are ground-based medical resources
transport;
I) "Medical ships and craft" are all medical resources
transport by water;
j) "Medical aircraft" are all means of medical transport
air;
k) "Permanent medical personnel", "permanent medical units" and
"permanent medical transportation resources" are those which are
intended solely for medical purposes on a non-defined period. "The temporary
medical personnel "," temporary medical units "and" temporary
medical transportation resources "are those which are intended
exclusively to medical purposes for a limited period and throughout the
of such period. Unless otherwise specified, the terms "medical
staff "," medical units "and" medical transport
means "shall include both permanent and temporary categories;
l) "Distinguishing character" is a special designation of the Red Cross, the Red
the Crescent or Red Lion and Sun on a white background, if used
for the purposes of protection of medical units and medical transport
resources, or medical and personnel, equipment or
consignments;
m) "Distinguishing signal" is any signaling device intended for
identify solely medical units or medical
transport in accordance with Chapter III of annex I to this
Protocol.
Article 9
Application scope
1. This section, whose provisions aim to improve the fate of the wounded,
sick and shipwrecked, will be applied to all persons
from getting into the situation referred to in article 1, without any negative
the distinction based on race, colour, sex, language, religion or
faith, political or other opinion, national or social origin,
property, ancestry or other status, or on other similar
criteria.
2. the relevant provisions of article 27 and 32 of the first Convention shall apply
on permanent medical units and medical means of transport (with
the exception of the hospital ship, which is covered by article 25 of the second
the Convention) and their staff made available side in the conflict to
humanitarian purposes:
and a neutral or other State), which is not a party to the conflict;
(b)) and voluntary organisations recognised empowered such State;
(c)) the impartial international humanitarian organization.
Article 10
Protection and care
1. all the wounded, sick and shipwrecked men, whether they belong to any party,
will be respected and protected.
2. In all circumstances be treated humanely, and they will be
granted to the greatest extent possible, and as quickly as possible medical care and
the treatment, which requires their status. Among them will be made no
the difference from other than medical reasons.
Article 11
Protection of persons
1. health and physical or mental integrity of persons who are in
can the other side or who are interned, imprisoned, or other
deprived of freedom in a way as a result of the situation referred to in article 1 are not
endangered by any unjustified act or omission. It is therefore
forbidden subject the persons referred to in this article of a medical procedure,
that is not justified by the medical condition of those persons and that is in violation of the
with generally accepted medical standards applicable in similar
medical circumstances to persons who are nationals of, nezbavenými
freedom, the party that such procedure is carried out.
2. it is prohibited to these persons Separately, even with their consent:
physically, a maiming,)
(b)) used for medical or scientific experiments,
c) withdraw them tissues or organs for transplantation, except
those cases, which are in accordance with the conditions laid down in paragraph
1.
3. Exceptions to the prohibition in paragraph 2 c) may be made only in
the case of the blood donation to transfusion or skin for transplant for
provided that the donation is voluntary and is made without any
coercion or pressure, only for medicinal purposes and under the conditions
that are in accordance with generally accepted medical standards, and under the
the supervision of serving both in favour of the donor and the recipient.
4. any intentional act or omission seriously harmful,
physical or mental integrity of the person, which is located in the power of other
than that to which it belongs, and which either violates any of the prohibitions referred to in
paragraph 1 and 2 or fails to comply with the requirements of paragraph 3, it is a serious violation of the
of this Protocol.
5. the persons referred to in paragraph 1 have the right to refuse any surgical
the surgery. In the case of a refusal should be that the medical staff has earned
the written statement signed or acknowledged by the patient.
6. Each party to the conflict will lead to medical records for each donation
blood to blood transfusion or skin for grafting by persons referred to in paragraph
1 if it is responsible for making such a donation. In addition, the
each party to the conflict shall endeavour to keep a record of all medical
procedures carried out on persons who are interned, predominance or
otherwise deprived of liberty as a result of the situation referred to in article 1.
These records will be available at any time for the purpose of trade powers
the inspection.
Article 12
Protection of medical units
1. Medical units will always be respected and protected and do not become
the subject of the attack.
2. paragraph 1 shall be applied to a civilian medical unit for the
provided that the
and) belong to the one of the parties in the conflict;
(b)) are recognised and authorised by the competent authority of one of the parties in
conflict, or
(c)) are authorised in accordance with article 9, paragraph 2, of this Protocol
or with article 27 of the first Convention.
3. the parties in conflict are encouraged to inform each other of
the location of your permanent medical units. Failure to provide this
information does not relieve any party the obligation to respect the provisions of the
of paragraph 1.
4. Under no circumstances, be applied to the health unit
to try to protect his presence military objects before
attacks. If possible, the parties to the conflict shall ensure that
medical units were positioned so that attacks on military installations
do not jeopardize their safety.
Article 13
Interruption of protection of civilian medical units
1. the protection to which civilian medical units to the right, the
interrupted only in the case if they are used outside the framework of their
humanitarian functions of acts which are damaging to the opponent. However, the protection
may be interrupted only when a warning will be issued, which shall specify
where appropriate, a reasonable time limit, and only then, when this warning
will not be obeyed as they stand.
2. for acts harmful to the enemy will not be considered:
and if the staff of the unit will be) armed with light personal weapons
to self-defence or the defence of the wounded and the sick, who are in their
care;
(b)) if the unit will be guarded by a guard or guards unit,
armed escort;
c) if hand guns and ammunition removed the wounded and the sick have not been
still passed to the relevant services and units have been found;
d) if members of the armed forces or other kombatanti
located in the unit for medical reasons.
Article 14
Restrictions in the civilian medical units foreclosures
1. The occupying power has the duty to ensure that they continue to
managed by the medical needs of the civilian population in the occupied
territory.
2. The occupying power cannot therefore take up civilian medical units,
their device, material, or force their staff to other work,
as long as there is a need to provide adequate health-care services
the civilian population and to provide more care for the wounded and the sick,
who are already treated.
3. provided that the general rule referred to in paragraph 2 shall
complied with, the occupying power may take these resources under the following
specific conditions:
and if these products are) necessary for immediate and appropriate
medical treatment of the wounded and sick members of the armed forces of occupation
powers or prisoners of war;
(b)) if the occupation lasts only while such necessity exists;
c) if immediate measures are taken to ensure that they continue to
managed by the medical needs of the civilian population, as well as
the wounded and the sick, who are already treated and who would be forced
affected.
Article 15
Protection of civilian medical and personnel
1. Civilian medical staff will be respected and protected.
2. In an area where civilian medical services are disrupted for a combat
activities will be provided, if necessary, civilian medical
all possible assistance to the staff.
3. The occupying power shall afford civilian medical personnel on
occupied territories every assistance so that it can carry out as much as possible
their humanitarian function. The occupying power may not require this
staff in carrying out their functions, give priority to any person from
other than medical reasons. This staff may be forced to
to perform tasks which are incompatible with its humanitarian mission.
4. Civilian medical personnel will have access to all places where they are
his services must, under the condition that it will comply with the inspection and
security measures, which the party concerned in the conflict can be considered
necessary.
5. Civilian staff will be respected by the spiritual and protected. The provisions of the
Of the conventions and of this Protocol for the protection and identification of the medical
staff also apply to such persons.
Article 16
General protection of persons carrying out health activities
1. Under no circumstances will not be penalized for the execution of any person
health care operations that are in accordance with medical ethics, without
regardless of the circumstances, and the person to whom such a service it provides.
2. the persons carrying out health activities, will not be forced to
perform acts or to carry out work that is not in accordance with the rules
medical ethics or other rules designed for the benefit of the wounded and
patients, or that are not in accordance with the provisions of the conventions or of this
Protocol, or to ensure that they did not perform the tasks that these rules and
the provisions require.
3. None of the people carrying out health activities, will not be forced to
provide to anyone from the other side, or from his own party, with the
except where required by law, any
information about the wounded and sick who are, or have been in her care,
If in its opinion such information could harm these
patients or their families. However, compliance with the provisions of
the compulsory reporting of infectious diseases.
Article 17
The role of the civilian population and auxiliary companies
1. The civilian population shall respect the wounded, sick and shipwrecked,
even though they belong to the opposite side, and not use violence against them.
The civilian population and auxiliary companies such as the national
Society of the Red Cross (Red Crescent, Red Lion and
the Sun) will be allowed to and from its initiatives to collect the wounded, sick
and shipwrecked, even in infected areas, or occupied
foster them. No one will be persecuted, prosecuted, convicted or
punished for such humanitarian activities.
2. the parties to a conflict may call on the civilian population and auxiliary
the company referred to in paragraph 1, to collect the wounded, sick and
shipwrecked, foster them, units of the dead and report about
where they are located; those who answer to such an invitation, shall provide the
protection and the necessary resources. If the opposite side gets or retrieves the
control over such areas will also provide, as long as it will be
need the same protection and resources.
Article 18
The identification of the
1. Each party to the conflict shall endeavour to ensure that medical and
spiritual staff and medical units and medical transport
It was possible to identify resources.
2. Each party to the conflict will also care for the adoption and application of the methods
and ways of enabling the resolution of medical units and
medical transport vehicles, that use rozeznávacích
characters and rozeznávacích signals.
3. In the occupied territories and in areas where it occurs or may occur to
the fight, is a civilian medical personnel and civilian staff of the spiritual
usually recognizable by rozeznávacího character and identity card,
confirming their status.
4. Medical units and medical means of transport will be
approval of the competent authority to carry a sign. The ship and the
the vessels referred to in article 22 of this Protocol shall be marked in accordance
with the provisions of the second Convention.
5. In addition to the rozeznávacích characters can a struggling side in accordance with Chapter
(III) of annex I to this Protocol allow use of rozeznávacích
signals to identify medical units and medical
means of transport. Exceptionally, in the special cases envisaged
in that chapter, the medical means of transport used
distinguishing signals without distinguishing characters were used.
6. application of the provisions of paragraphs 1 to 5 of this article shall be governed by the provisions of chapters
(I) to (III) of annex I to this Protocol. Signals provided for in chapter III of
the annex and intended solely for the use of medical units and
medical transportation resources may not be used except as
the cases there referred to for any purpose other than the identification of the medical
units and medical transport vehicles, which are listed in the
This chapter.
7. This article shall not entitle to a wider use of the character in rozeznávacího
a peaceful time, than as set out in article 44 of the first Convention.
8. the provisions of the conventions and of this Protocol concerning the control of the use of
rozeznávacího character, the prevention of and penalties for its misuse is subject
also distinguishing signals.
Article 19
Neutral and other States not parties to the conflict
Neutral and other States not parties to the conflict, will be
to apply the relevant provisions of this Protocol to persons protected by this
parts that are received or interned in their territory and on the
the dead person of the parties in the conflict, which has been found.
Article 20
Prohibition of reprisals
Represálie against persons or objects protected by this part are
disabled.
Section II
Medical transport
Article 21
Medical vehicles
Medical vehicles will be respected and protected in the same way
as mobile medical units under the conventions and this Protocol.
Article 22
Hospital ships and coastal rescue craft
1. the provisions of the conventions, which relate to:
and ship) referred to in articles 22, 24, 25 and 27 of the second Convention,
(b)) their lifeboats and small craft,
(c)) and their staff and crew
(d)) the wounded, sick and shipwrecked who are on board,
will be applied also in the case when such ships, boats or vessels
transporting civilian wounded, sick and shipwrecked who do not belong to the
any of the categories referred to in article 13 of the second Convention. These civil
However, they cannot be issued to a party who is not their party, or
captured at sea. If they find themselves in the power of the parties in the conflict, which
not their party, will be covered by the Fourth Convention and this
Protocol.
2. The protection afforded by the conventions, the ships referred to in article 25 of the second Convention
extends to hospital ships made available by the side of the
the conflict for humanitarian purposes:
and a neutral or other State), which is not a party in the conflict, or
(b)), the impartial international humanitarian organization,
provided that in both cases, compliance with the requirements contained in the
that article.
3. the vessels referred to in article 27 of the second Convention shall be protected, even
If it is not executed, the notification envisaged in this article. The parties in the
the conflict is still invited to inform each other of
details of such vessels, which would facilitate their
identify and recognise.
Article 23
Other medical ships and craft
1. Medical ships and craft, which are not identical with those for which the
referred to in article 22 of this Protocol and article 38 of the Convention in Other-let
no longer are at sea or in other waters-will be respected and
protected in the same way as mobile medical units in accordance
with the conventions and this Protocol. Since this protection can be effective
only in the case that will be identified and recognized as a medical
ship or vessel, the ship must be marked with the distinguishing character and
If possible, observe the provisions of article 43, paragraph 2 of the second Convention.
2. The ship and craft referred to in paragraph 1 shall remain subject to the laws of war.
Any warship sailing on the surface, which is capable to force them
immediately to fulfill his command, you may order them to stop,
have left the area or a specific course. These ships and vessels shall
each such command to obey. However, they cannot in any way be
drawn from the performance of their medical mission, it is necessary
for the wounded, sick and shipwrecked who are on board.
3. the protection enshrined in paragraph 2 ceases to be provided only for
the conditions laid down in articles 34 and 35 of the second Convention. Obvious denial
to obey an order given in accordance with paragraph 2 shall be deemed to act
detrimental to the opponent in accordance with article 34 of the second Convention.
4. a party may in the conflict as soon as possible before the departure to inform
the other side of the name, the technical data, the expected time of departure,
of the course and estimated speed of the medical ship or vessel,
especially in the case of ships weighing more than 2,000 gross tons, and may
provide any other information that would facilitate the identification and
recognition. The opposite party shall acknowledge receipt of such information.
5. The provisions of article 37 of the second Convention shall apply to the medical and
spiritual staff, which is located on such ships and craft.
6. the provisions of the second Convention shall apply to the wounded, sick and shipwrecked
referred to in article 13 of the second Convention and in article 44 of this Protocol who
found on board such medical ships and craft. Civil
the wounded, sick and shipwrecked men, who do not belong to any of the categories
referred to in article 13 of the second Convention will not be, if they are to
the sea at the side that is not their own party, or forced to
leave these ships or vessels. If, however, find themselves in the power of the party
in a conflict that is not their own party, will be subject to
The Fourth Convention and this Protocol.
Article 24
Protection of medical aircraft
Medical aircraft shall be respected and protected in accordance with the
the provisions of this section.
Article 25
Medical aircraft in areas that are not under the control of the opposite
the parties
In land areas and in the airspace above them, which are
physically controlled by friendly forces, or in marine areas and
in the airspace above them, that are not physically inspected
the opposite party, the respect for and protection of medical aircraft by
conflict is not dependent on the agreement with the other party. But the party in
the conflict, which used its medical aircraft in areas such
for greater security, you may notify in accordance with article 29 of the opposite
side, especially when these aircraft during the flight, get into the realm
range of weapons-air "the opposite side.
Article 26
Medical aircraft in touch or similar zones
1. in those parts of the zone, which is physically checked
friendly forces, and above these sections, and in those areas over which the
physical control is not exactly determined, and in the air
space may be the protection of medical aircraft fully effective only on
the basis of a prior agreement between the competent military authorities of the parties in the
the conflict, as provided for in article 29. Even if there is no such agreement, the
medical aircraft flying at your own risk if
will be recognized as such.
2. "touch zone" is any area on the Earth where the front of the unit against
competing parties are in contact with each other, especially where they are
exposed to direct fire from the ground.
Article 27
Medical aircraft in areas controlled by the opposite party
1. Medical aircraft, the parties to the conflict will be protected while flying above the
land or sea areas physically controlled by the opposite
party, provided that prior consent has been obtained relevant
authorities across with such flights.
2. Medical aircraft which flies over an area physically controlled
the other party, without the consent of the potential to do so in paragraph 1, or
wandered away from the conditions under which such consent was given, in
due to a navigation error or as a result of exceptional circumstances, which
related to the safety of the flight, will try to identify itself, and
to inform the other party of such circumstances. As soon as the
medical aircraft shall use the other party recognized this page
all reasonable efforts to give the command to the landing on the ground or on
water, as it anticipates the article 30, paragraph 1, or to take other
measures to protect their interests, and in any case will provide the aircraft
time to comply with the order, before he decides to attack the plane.
Article 28
Restrictions on the use of medical aircraft
1. the parties to the conflict shall be prohibited to use their health
aircraft to achieve any military advantage over the other party.
The presence of medical aircraft shall not be used to protect the
military objects against attack.
2. Medical aircraft shall not be used to collect or
message passing military character and shall keep on board equipment
intended for such a purpose. It shall be prohibited to carry them to the person or
costs that are not included in the definition contained in article 8 (b)).
Transport of personal possessions of persons who are on board, or device
intended only for the purposes of navigation, communications, or identification with the
not be considered disabled.
3. Medical aircraft shall not carry weapons except small
weapons and ammunition that were withdrawn, the wounded, the sick, and the slow,
who are on board, and which have not yet been passed to the relevant services,
and light personal weapons necessary to ensure that the medical staff,
who is on the Board, he could defend himself and the wounded, sick and shipwrecked,
who are in his care.
4. during the years referred to in articles 26 and 27 shall be health
the aircraft used to search for the wounded, sick and her former companions,
If the opposite side did not give prior approval.
Article 29
Notifications and agreements concerning medical aircraft
1. the Notification referred to in article 25, or of the application for granting a prior
consent in accordance with articles 26, 27, 28, paragraph 4, or 31 shall contain
details of the expected number of medical aircraft, their flight
plans and resources identification and must include an assurance that every
flight will be conducted in accordance with article 28.
2. the party which receives the notification referred to in article 25, immediately
confirms its receipt.
3. A party which receives a request for the granting of prior consent by
articles 26, 27, 28, paragraph 4, or 31 shall communicate as soon as possible
the requesting party:
and that the application,)
(b)) that the application is rejected or
c) reasonable alternative proposals in response to the request. It can also
suggest a ban or restrictions on other flights in the area in the
the corresponding time. If the requesting party accepts the alternative proposals,
will notify their adoption to the other party.
4. the Parties shall take the necessary measures to ensure that notifications and agreements were made
as quickly as possible.
5. the Parties shall take the necessary measures also to as quickly as possible
informed about the nature of such notifications and agreements in the military
drive and instruovaly is the identification of the resource, which will be
the medical aircraft used.
Article 30
Landing and inspection of medical aircraft
1. Medical aircraft flying over areas physically controlled by the
the opposite party or over areas the physical control is not
well defined, can be commanded to according to the situation on the ground had landed
or on the water, in order to be subject to an inspection in accordance with
in the following paragraph. Medical aircraft must such a command
to obey.
2. If such a plane lands on land or water on the basis of
a command or for other reasons, may be subject to inspection only by
the purpose, in order to determine whether it conforms to the conditions referred to in paragraphs 3
and 4. Such inspection shall be commenced without delay and shall be conducted
quickly. The party that performs the inspection, will not require the wounded and
sick leave, unless this is necessary to fulfill the purpose
tours. In any case, the Party shall ensure that the condition of the wounded and
sick is not adversely affected or their departure from
the aircraft.
3. If the inspection discloses that the aircraft:
and) is a medical aircraft in accordance with article 8 point (j)),
(b) does not infringe the conditions prescribed) in article 28, and
(c)) not without the prior consent or in violation of this agreement in
where such consent is required,
will power the aircraft and its occupants belonging to the opposite side of the
or a neutral or other State which is not a party in the conflict, what
soon as possible to continue the flight.
4. If the inspection discloses that the aircraft:
and it is not a medical aircraft) in accordance with article 8 point (j)),
b) violates the terms prescribed in article 28, or
(c)) flew without the prior consent or in violation of this agreement in
where such consent is required,
the aircraft may be seized. With persons on board are treated
under the relevant provisions of the conventions and of this Protocol. Detained
the plane, which was previously marked as a permanent medical aircraft
can then be used only as a medical aircraft.
Article 31
Neutral or other States not parties to the conflict
1. Medical aircraft may fly over the territory of a neutral or other
a State which is not a party in the conflict, and in that territory to land only
on the basis of the previous agreement. If such an agreement exists, the
aircraft respected throughout their flight and during any
stops on this territory. They must, however, abide by the circumstances
any orders for landing on land or on the water.
2. If a medical aircraft flying over the territory of a neutral or
another State which is not a party to the conflict, without a prior agreement, or
departs from the conditions laid down by the agreement for reasons of navigation errors
or for exceptional circumstances relating to the safety of the flight, it shall take all
to make your flight information submitted and their identification. As soon as the
such medical aircraft is identified, that State a reasonable
steps to issue a command to the landing on land or on water, in accordance with
Article 30, paragraph 1, or other steps to ensure their own
interests, in any case, however, will provide the aircraft time to comply with the command,
before the attack begins against him.
3. If the medical plane on the basis of an agreement or in the circumstances
referred to in paragraph 2, lands on land or water in the territory of
of a neutral or other State not a party to the conflict,
According to the statement, or for other reasons, it will be subjected to inspection in order to
determine whether it is truly a medical plane. Inspection must be
launched without delay and must be carried out quickly. The party that
performing, does not require that the wounded and sick belonging
the party, which sent a plane, they left the plane, if it is not, however,
for a tour of the must. The party which conducts the tour in any case
shall ensure that the condition of the wounded and sick is not adversely affected
examination or leaving the aircraft. If the inspection shows that the
the plane is actually a medical aircraft, the aircraft will be able to
persons on board, with the exception of those that must be detained in accordance with the
norms of international law applicable in armed conflicts,
continue to fly and to set up the necessary conditions.
If, during such inspection, it is shown that the aircraft is not a medical
by plane, it will be seized and the persons on board are treated in
accordance with paragraph 4.
4. The wounded, sick and shipwrecked men, except for those who had to temporarily
leave the medical plane, will be with the consent of the local authorities on
the territory of a neutral or other State not a party to the conflict,
unless otherwise agreed between that State and the parties to the conflict,
detained by that State, if required by the rules of international law
applicable in armed conflict, so that they could not again
take part in the hostilities. The cost of hospital treatment and internment
will be borne by the State to which the person belongs.
5. Neutral or other States not parties to the conflict, will be
apply the conditions and restrictions relating to the passage of
medical aircraft over its territory, or the landing of medical
aircraft on its territory in the same way for all parties to the conflict.
Section III
Gone missing and deceased
Article 32
A general principle
In the application of this section, the activities of the High Contracting Parties, of the parties
conflict and international humanitarian organizations referred to in
Conventions and in this Protocol be based primarily from the right families have
for information about the fate of their relatives.
Article 33
Missing persons
1. as soon as circumstances permit, not later than upon completion of the
hostilities, each party to the conflict will be a search for persons,
which have been declared missing the opposite party. This opposite
the Party shall transmit all necessary information concerning such persons for the purpose of
facilitate the search for them.
2. In order to facilitate the collection of information under the
the preceding paragraph, each party to the conflict will, as regards the
persons who do not benefit from more favourable terms by the conventions and
This Protocol:
and) record the information referred to in article 138 of the Fourth Convention on the
persons who have been detained, imprisoned or otherwise deprived of the
freedom after more than two weeks as a result of enemy action or
occupation or that have died during captivity;
(b)) to facilitate as much as possible and, if necessary, search and
record information concerning such persons, if these persons
have died in other circumstances as a result of hostilities or occupation.
3. the information on persons declared missing pursuant to paragraph 1 and
requests for such information will be provided directly or through
protective powers or the Central Search service of the International Committee of the
The Red Cross or national Red Cross (by Black
Crescent, Red Lion and Sun). If the information will not be passed to the
through the International Committee of the Red Cross and its central
search services, each party to the conflict shall ensure that such information
have also been forwarded to the Central Search service.
4. the parties to a conflict shall endeavour to reach agreement on the establishment of the
groups for the search, identify and collect the dead from battlefields, including
the agreement, if appropriate, accompanied by these groups of staff
the other parties in the implementation of this mission in areas controlled by the
the opposite party. The staff of such groups will be respected and protected
solely in the performance of this mission.
Article 34
The remains of deceased persons
1. The mortal remains of persons who have died as a result of the occupation, or
the detention resulting from the occupation or hostilities, and those persons
that are not citizens of the country that have died as a result of enemy
actions will be carefully kept and the graves of these persons will be maintained and
marked in accordance with article 130 of the Fourth Convention, if these
the remains or graves do not qualify for more favourable treatment under the Conventions
and this Protocol.
2. As soon as circumstances and relations between the parties in conflict will allow
The High Contracting Parties in whose territories graves are located or
other sites containing the mortal remains of people who died in the
as a result of hostilities or during occupation or in detention,
the agreement in order to:
and) accessibility related of deceased persons and representatives of the official
the graves registration service to graves and establishing practical measures to
to ensure such an approach,
(b) the permanent protection and maintaining) of such graves,
(c) facilitate the return of the remains of deceased) and their personal possessions in the
his country, at the request of this country or, if this country does not object, on the
the request of the next of kin of deceased persons.
3. In the absence of the agreement envisaged in paragraph 2 (b)), or (c)), and
If the home country of the deceased is not willing to provide for the maintenance of
these graves at his own expense, a high contracting party in whose territory the
the graves are located, can suggest that will facilitate the return of the body
the remains of the deceased to the home country. If such an offer
is not taken, High Contracting Party may, after the expiry of five years from the date of
such offers and after proper notification of the home country to adopt measures
laid down in its own laws relating to cemeteries and graves.
4. the High Contracting Party in whose territory they are situated the graves mentioned in the
This article will be able to exhume the remains only:
and) in accordance with paragraph 2 (c)), and 3, or
(b)) where exhumation motivated by higher public interest, including cases
medical necessity or in cases of administrative or judicial
the investigations; However, in this case a High Contracting Party will always
to respect the remains and will inform the home country of its intention to
unearth the remains, as well as on the details of the intended location of their
the new store.
Part III
Ways and means of conducting war, the Status of combatants and prisoners of war
Section I
Ways and means of warfare
Article 35
The basic rules
1. in the armed conflict, the parties to the conflict do not have the unlimited right to
the choice of ways and means of waging war.
2. it is prohibited to use weapons, munitions, materials, and methods of management
the war, which by their nature cause excessive injury or unnecessary
the hardships.
3. it is prohibited to use the methods or means of warfare, which
the aim is to cause, or which can be expected, it can cause
widespread, long-term and severe damage to the environment.
Article 36
New types of weapons
In the study, development, acquisition or deployment of new types of weapons,
means or method of warfare is a high contracting party is obliged to
to determine whether their use is in some or in all circumstances
prohibited by this Protocol or by any other norm of international law
applicable to the High Contracting Party.
Article 37
Prohibition of treachery
1. it is prohibited to kill, injure or capture an adversary by using
treachery. For the treacherous acts that are regarded as abusing the good faith of the
your opponent throw him the mistaken presumption that it has the right to protection or
that is required to provide such protection in accordance with international standards
the law applied in armed conflicts. Examples of treachery are
These acts:
and intend to negotiate under the pretense of) the flag or parlamentářů
feigning surrender,
(b) as a result of the inability of the obfuscation) injury or illness,
(c) the civil status of persons obfuscation) or nekombatanta,
(d) the status of protected person obfuscation) using markup, markup, or
the uniforms of the United Nations or of neutral or other
States which are not parties to the conflict.
2. ruses of war are not prohibited. Through deception means such acts, which
the purpose is to mislead an adversary or to induce them to nerozvážnému
the negotiations, which, however, do not constitute a violation of the norms of international law
applicable in armed conflicts which are not treacherous,
since they don't abuse the good faith of the opponent, as regards the provision of
protection under this law. Examples of such are: the use of ruses of war
camouflage ambush, Sham operations and misinformation.
Article 38
Recognized characters
1. It is prohibited to exploit the distinguishing signs of the Red Cross, the Red
Crescent, Red Lion and Sun or of other characters, symbols, or
signals set by the Conventions or this Protocol. Also it is forbidden to
intentionally abuse in armed conflict other internationally recognized
trade characters, symbols or signals including the flag parlamentářů and
the protective emblem of cultural values.
2. it is prohibited to use the distinctive markings of the United
the Nations with the exception of cases that are allowed in this organization.
Article 39
Coat of arms
1. it is prohibited to use in armed conflict of the flags or military
characters, insignia or uniforms of neutral or other States that
are not parties to the conflict.
2. it is prohibited to use flags or military character, reign or
the uniforms of the opposite side at the time of the attack, or for the purpose of camouflage,
support, protection or impede military operations.
3. Nothing in this article or in 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
the armed conflict at sea.
Article 40
Grace
It is forbidden to give an order that no one will be spared, threatened by
the opponent or to lead the enemy action on this basis.
Article 41
Protection of persons excluded from the opposite side of the battle (hors de combat)
1. a person who is recognised by, or under the circumstances should be recognized
per person from the fight, a retired cannot be the subject of attack.
2. a person who is disqualified from combat if:
and it is in the power of the other) side,
(b) clearly expressed an intention to give up), or
(c)) is a unconscious or otherwise removed for reasons of injury or
disease, and is therefore unable to defend themselves,
provided, that in all these cases, the lives of any
hostile acts and does not try to escape.
3. where the persons entitled to protection as prisoners of war,
find themselves in the power of opposite parties under unusual conditions of combat, which
prevent their evacuation as provided for in part III, section I, of the third Convention,
they will be released and will be taken all measures possible to ensure
their security.
Article 42
Passengers on the plane
1. the person that his parachute from the aircraft, which is threatened with destruction
shall not be subject to attack during the jump.
2. When you reach the country on the territory of the other party, it will be controlled
a person jumping off a parachute from the aircraft, which is threatened with destruction, given by
the option to give up before they become subject to attack if it is not
clearly, committing a hostile act.
3. Airborne troops are not protected by this article.
Section II
Status of combatants and prisoners of war
Article 43
The armed forces
1. The armed forces of the parties in conflict consist of all
organised by the armed forces, groups and units that are under the
the command of those responsible for the acts of this side of his subordinates, and that
even in cases where a party is represented by a Government or authority, which
the opposite party does not recognise. These forces will be subject to internal
the disciplinary system, which among other things, will promote compliance with the
rules of international law applied in armed conflicts.
2. Members of the armed forces of the parties in the conflict (with the exception of
medical and personnel, how about that article 33, third
the Convention) are kombatanty, IE. they have the right to directly participate in the
hostilities.
3. If a party to a conflict shall include an auxiliary military unit or
armed public order protection official folder in your
the armed forces, it shall inform the other party in the conflict.
Article 44
Kombatanti and prisoners
1. each kombatant, as defined in article Q3 becomes a war
prisoner of war, if he finds himself in the power of the other side.
2. Even if all kombatanti are required to abide by the standards of the international
the law applicable in armed conflicts, does not relieve the violation of
These rules, kombatanta his right to be considered kombatanta, or
If he finds himself in the power of the other party, its right to be considered
prisoners of war except in the cases referred to in paragraphs 3 and 4.
3. in order to strengthen the protection of the civilian population from the consequences of
hostilities are kombatanti must be distinguished from civil
the population at the time of the attack or military operations serving the preparation
the attack. However, taking into account the fact that there are situations in armed
conflicts, when as a result of the nature of the hostilities, the armed
kombatant cannot distinguish from the civilian population, the status of
kombatanta, provided that in such situations wear publicly weapon:
and during each military engagement),
(b)) during a time when an opponent can be spotted when taking a combat
the report before the attack, to participate.
The acts, which are in accordance with the requirements of this paragraph will not be
considered to be treacherous in the meaning of article 37, paragraph 1 (c)).
4. the Kombatant, who finds himself in the power of the other side in the time in which
does not meet the requirements laid down in the second sentence of paragraph 3, loses the right to be
considered the war prisoners, but will be provided protection
equal protection in all directions provided by prisoners of war in
accordance with the third Convention and by this Protocol. This protection includes the
protection that is equal to the protection provided by the prisoners of war in accordance
with the third Convention in cases where such a person is tried and punished for
any infringements committed by.
5. the Kombatant, who finds himself in the power of the other side in a time when the
not participating in the attack or military operations serving the preparation of an attack,
does not lose the right to be treated as a prisoner of war in kombatanta and
due to their previous activities.
6. This article shall not relieve any person of the right to be considered
prisoners of war under article 4 of the third Convention.
7. This article does not amend the generally accepted practice of States
regarding the uniforms, you have to wear kombatanti the allocation to
regular, uniformed armed units of the parties in conflict.
8. In addition to the categories of persons referred to in article 13 of the first and second Convention
all members of the armed forces of the parties in conflict, how to
are defined in article 43 of this Protocol, the right to protection in the
accordance with these conventions, if they are wounded or the hospital, or in the
the case of the second Convention, if stranded at sea or in other
waters.
Article 45
Protection of persons taking part in the hostilities
1. a person who will take part in hostilities, and finds himself in the power of
the other parties will be considered prisoners of war, and will therefore be
protected by the third Convention, if the status of the prisoner will ask
or if it is shown that it has the right to such status, or if the
page on which it is dependent, asks for her to such a status on the basis of
notifications addressed to the powers in whose power is the person
located, or on the basis of a notification addressed to the powers. If there is a
doubts as to whether such person has the right to the status of a war
the prisoners, that person will be continue to have such status, and will thus be protected
The third Convention and by this Protocol until the time when her status will be determined by the
by the competent court.
2. If the person who was in the power of the other side, it is not
held as a prisoner of war and has to be judged for this party
offences related to the hostilities, that person will be
entitled to claim their right to prisoner-of-war status before
the Court and the right to judgment on this issue. If it is not
contrary to the process-orientated management, this decision will be made before
own the court verdict of that infringement. The representatives of the
protective powers will have the right to attend the court proceedings, the
which will be taken on this issue, if, in exceptional cases, and
in the interest of national security, this procedure does not take place in private
meeting. In this case, the power, the power of the person
centrally located, this fact is appropriately protective powers.
3. a person who participated in the hostilities, and that does not have the right to
the status of the prisoner, nor the right to more favourable treatment in accordance
with the Fourth Convention, in all cases, will have the right to protection under
Article 75 of this Protocol. In the occupied territories will have such a person,
If it is not held as a spy, notwithstanding article 5 of the Fourth Convention,
also the right to join under this Convention.
Article 46
Spies
1. Notwithstanding any other provisions of the conventions or of this Protocol
No member of the armed forces of the parties in a conflict that is in
can the other side at a time when dealing with vyzvědačstvím, will not have a
the right to the status of prisoners of war, and can be treated as a
for England.
2. the Member of the armed forces of the parties in a conflict that for this party
on the territory of the other party controlled collects or attempts to
collect information, will not be considered to be a person who is engaged in the
vyzvědačstvím, if this work wears the uniform of their
of the armed forces.
3. the Member of the armed forces of the parties in the conflict, who resides in the territory of
occupied the opposite party for the side on which it is dependent,
collects or attempts to collect information of a military nature on the
within this territory, shall not be regarded as the person who deals with
vyzvědačstvím, if not fraudulently or with intent
neuchyluje to secret methods. In addition, such a person does not lose the right to
the status of prisoners of war and cannot be treated as England,
If it is not captured in the vyzvědačské activity.
4. a member of the armed forces of the parties in the conflict, who do not live on
territory occupied the opposite party and which dealt with vyzvědačstvím on
within this territory, does not lose its right to prisoner-of-war status, and not
him be treated as for England, if not captured before
He joined the armed forces to which they belong.
Article 47
The mercenaries
1. A mercenary is not entitled to the status of prisoner of war or kombatanta.
2. A mercenary is a person who:
and specially hired) is in place or abroad to fight in
armed conflict;
(b)) actually directly participating in hostilities;
(c)), their participation in hostile actions motivated mainly by personal gain and
a party to the conflict or on its behalf, it is really a material which
reward substantially exceeding the reward promised or paid kombatantům
of similar rank and functions in the armed forces of that party;
(d)) is not a citizen, the parties in the conflict, nor does not have a domicile in
controlled party in conflict;
(e)) is not a member of the armed forces of the parties in the conflict, and
(f)) has not been sent by the State, which is not a party to the conflict to fulfil
official tasks as a member of its armed forces.
Part IV
Civilian population
Section I
General protection against effects of hostilities
Chapter I
The basic rule and the application scope
Article 48
The basic rule
In order to ensure respect for and protection of the civilian population and objects
civilian parties to the conflict will always make the difference between a civil
population and kombatanty and between civilian objects and military
objects, and in accordance with the will of their operations only against military
objects.
Article 49
Definition of attacks and scope of application
1. "attacks" are acts of violence against the adversary, both offensive as well as
defensive nature.
2. the provisions of this Protocol with respect to attacks apply to all
attacks on any of the territory, including the territory of the State party, in
the conflict, which, however, is under the control of the opposing party.
3. the provisions of this section shall apply to any land, air
or naval military operation which may affect the civilian
population, individual civilians or civilian objects on
the country. Also apply to any attacks from the sea or from the air against
objects on the ground, but do not affect in any other manner the standards
international law applicable in armed conflict at sea
or in the air.
4. the provisions of this section are complementary to the rules concerning humanitarian
the protection contained in the Fourth Convention, particularly in part II and, in
other international agreements binding for the High Contracting Parties,
as well as other rules of international law relating to the protection of
civilians and civilian objects on land, sea or in the air
from the effects of hostilities.
Chapter II
Civilians and civilian population
Article 50
Definition of civilians and civilian population
1. civil person is a person who does not belong to any of the categories of persons
referred to in article 4 A), 1), 2), 3), (6)) the third Convention and article 43
of this Protocol. In case of doubt whether a person is a civilian person,
such a person will be considered a civil person.
2. The civilian population are all persons who are civilian
persons.
3. the presence of individuals not satisfying the definition of civilian persons
inside the civilian population does not deprive the population of its civilian
character.
Article 51
Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general
protection against the dangers arising from military operations. In order to
This protection is to be effective, must be respected in all circumstances
the following standards, which complement the other applicable standards
of international law.
2. The civilian population as such, as well as individual civilians
shall not be subject to attack. Violent acts or threats of acts,
the basic goal is to terrorize the civilian population, are
disabled.
3. Civilians shall enjoy the protection provided by this section, with the exception of
case, when directly participating in hostilities and for these actions.
4. Indiscriminate attacks are prohibited. To indiscriminate attacks include:
and which are not) attacks directed at a specific military objects;
(b)), in which attacks are used to combat the ways or means, that
they cannot be directed at a specific military objects, or
c) attacks, in which used fighting ways or means,
the effects of which cannot be limited as required by this Protocol, so
in each such case, military and civilian persons or objects
civilian objects without distinction.
5. Among other things, is to be considered indiscriminate these kinds of attacks:
and) attacks by bombing, regardless of the ways or means,
which is considered to be a single military object a number of clearly
separate and identifiable military objects located in the city,
the village or other area in which are concentrated civilian persons or
civilian objects, and
b) attacks, for which it can be expected that can cause loss of life
civil, personal injury, damage to civilian objects, or a
the combination of these cases that exceed the expected specific
and direct military advantage.
6. Attacks against the civilian population or civilians for reasons of
reprisals are prohibited.
7. The presence or movements of the civilian population or individual
civilians must not be used to protect specific points or areas
before the military operations, mainly to protect military experiments
objects from the attacks or to disguise, favouritism or distortions
military operations. The parties in conflict will not control the movement of the civil
the population or individual civilians so as to protect the
military installations from attack or to camouflage the military operation.
8. Any breach of these provisions does not relieve the parties of their
legal obligations to the civilian population and civilians, including
commitments to make preventive safety measures provided for in article 57.
Chapter III
Civilian objects
Article 52
General protection of civilian objects
1. civilian Objects shall not be the object of attack or of reprisals.
Civilian objects are all objects which are not military
objects, as defined in paragraph 2.
2. Attacks must be strictly limited to military objects. With regard to the
objects are military objects to those objects which by their nature,
location, purpose or use an effective contribution to
military action and whose total or partial destruction, casting, or
neutralization in the circumstances provides overt military advantage.
3. In case of doubt whether an object which is usually intended for
civilian purposes, such as venue for bohuslužeb, House, or other
dwelling or a school, is used for the effective promotion of military actions, the
assume that this object is not used to support military actions.
Article 53
Protection of cultural objects and places of worship
Without prejudice to the provisions of the Hague Convention on the protection of cultural property in the
of armed conflict of 14. in May 1954, and of other relevant
international documents is prohibited:
and) take any hostile actions directed against the historical
the sights, the artistic aims or locations for holding bohuslužeb, which are
the cultural or spiritual heritage of peoples;
(b)) use such objects to support the military effort;
(c)) to make such objects subject of reprisals.
Article 54
Protection of objects necessary for the survival of the civilian population
1. it is prohibited to use starvation of civilians as a method of management
war.
2. it is prohibited to attack and destroy the objects, delete, or
depreciate the objects necessary for the survival of the civilian population, such as
are food supplies, agricultural areas for the production of food,
harvesting, cattle, equipment for water supply and the water supply and
irrigation equipment in order to prevent their use of civil
population or the other party, regardless of the theme, whether
It's going on with the intention of starvation of civilians, forced them to leave
or for other reasons.
3. the prohibitions contained in paragraph 2 shall not apply to objects in this
paragraph referred to, which uses the opposite side:
and) solely as a means of subsistence for members of their
the armed forces, or
(b)) unless it is a subsistence resources, then at least for direct support
military action, provided, however, that in no case will not be
carried out actions against such objects, which could ultimately
leave the civilian population without sufficient food and
the water, which would cause its starvation or forced him to vacating
space.
4. These objects shall not be the object of reprisals.
5. Based on the recognition of the vital requirements of any party in the
the conflict in the defence of its national territory against invasion, a party may, in
conflict derogovat the prohibitions contained in paragraph 2 to that territory under
your own control, if required by the urgent military necessity.
Article 55
Protection of the environment
1. In the conduct of military actions has to be taken of the protection of
environment from the extensive, long-term and severe damage. This protection
includes a ban on the use of methods or means of warfare, which
the aim is to cause such damage to the environment, or
can be expected to cause such damage that threatens the health or survival of the
of the population.
2. Attacks against the environment for reasons of reprisals are prohibited.
Article 56
Protection of buildings and installations containing dangerous forces
1. Buildings or installations containing dangerous forces, in particular the dam,
dams and nuclear power plants, shall not be subject to attack, even when they are
military objects, if such attack may cause the release of
dangerous forces and as a result, lead to serious loss of civil
to the population. Other military objects located in these buildings or
the device or in its vicinity may not be subject to attack if
such an attack may cause the release of dangerous forces from these structures
or device, and as a result, lead to serious loss of civil
to the population.
2. the special protection against attack provided for in paragraph 1 shall cease to be
validity:
and in the case of dams) or dam only if they are used for other
than its normal function and is used to the regular, significant and direct
support of military operations and if such attack is the only possible way,
How to disable such support;
(b)) in the case of the nuclear plants only produce the electrical
the energy for regular, significant and direct support of military operations
and if such attack is the only possible way to prevent such
support;
(c)) in the case of other military objects located in these buildings
or or near devices only if they are used
for regular, significant and direct support of military operations and if the
such an attack is the only possible way of preventing such support.
3. The civilian population and individual civilians have in all
cases continue to be entitled to the full protection granted them international
law, including the protection based on the precautionary measures laid down
Article 57. If such protection shall cease to be valid and buildings,
device or military objects referred to in paragraph 1 are the subject of
the attack, all the practical measures to be taken in order to release the
dangerous forces.
4. it is prohibited to buildings, facilities or military objects referred to in
paragraph 1 have become the subject of reprisals.
5. the parties in the conflict to try to neumisťovaly military
objects in the vicinity of buildings or equipment referred to in paragraph 1.
However, the device was built only to defend the protected buildings
or device against attacks that do not become subject to attack under the
conditions that are not used to conduct of hostilities, with the exception of
defensive actions necessary to repel attacks against the protected buildings or
device, and that they are armed with weapons that are capable of only exclusively
to fend off the attack against a protected buildings or facilities.
6. The High Contracting Parties and parties to the conflict are encouraged to
to conclude further agreements among themselves, in order to ensure additional protection
objects containing dangerous forces.
7. In order to facilitate the identification of the objects protected by this article,
can the parties in conflict to mark a special sign consisting of a
a group of three bright orange circles placed on the same axis, as
provided for in article 16 of annex I to this Protocol. The absence of such
the designation does not relieve the party in any way in conflict with their
obligations under this article.
Chapter IV
Preventive measures
Article 57
Precautions in attack
1. In the conduct of military operations, constant care must be taken to ensure
in order to be spared the civilian population, civilian persons and objects
civilian.
2. With regard to the attacks, it is necessary to make these preventive measures:
and you, who planning to) attack or decide about him:
I shall do everything possible) in order to verify that the aim of the attack is not civil
persons or objects, or civilian objects for special protection, but
that these are military objects within the meaning of paragraph 2 of article 52 and that is not
disabled in accordance with the provisions of this Protocol to attack them;
II) shall take all possible preventive measures in the choice of means and
ways to prevent attacks, and in any case the maximum limit
accidental loss of life of civilian persons, on the number of injured civilian
persons and damage to civilian objects;
III) started the attack, for which it can be presumed that causes random
the loss of life, injury to civilians, damage to civilian persons
civilian objects, or a combination of these cases that would
exceeded the anticipated concrete and direct military advantage;
(b)) attack will be revoked or suspended if it becomes apparent that the object is not
a military object, or is subject to special protection or that the attack could
cause incidental loss of life of civilians, civilian injuries
people, damage to civilian objects, or a combination of these cases,
that would be higher than the anticipated concrete and direct military
advantage;
(c)) should be made in proper time and impressive resources
warning of attacks which may affect the civilian population,
unless the circumstances so allow.
3. If the option to choose between several military objects to achieve
the same military advantage, the object will be selected, for which it can be expected,
the attack on it will cause the least danger to the lives of civilians and
civilian objects.
4. In the conduct of military operations at sea or in the air will make every
party in the conflict in accordance with their rights and obligations under the standards
international law applicable in armed conflict, take all
reasonable precautions to prevent the loss of life
the civilian population and damage to civilian objects.
5. Nothing in this article shall be construed so as to
justify attacks against the civilian population, civilians or
civilian objects.
Article 58
Preventive measures against the effects of attacks
The parties in the conflict to the extent possible:
and) without prejudice to article 49 of the Fourth Convention, shall take measures to
have been relocated from the vicinity of military objects, each civilian
people, the civilian population and civilian objects under their
control;
(b) shall avoid placing military) objects to the densely populated
areas or in their vicinity;
(c)) to take other necessary preventive measures to protect the civilian
the population, individual civilians and civilian objects under
their control against the dangers resulting from military operations.
Chapter V
Places and zones under special protection
Article 59
Nebráněná space
1. the parties to the conflict to attack, by whatever means, shall be prohibited on
nebráněná space.
2. the competent authorities of the parties in the conflict can be declared nebráněné
instead of any inhabited place in the contact zone of the armed forces or in the
near her, which is open to the occupation of the opposite party. Such
Instead you must meet the following conditions:
and all kombatanti), as well as mobile combat means and mobile
military equipment must be evacuated;
(b) permanent military structures or) device may not be used to
enemy action;
(c)) the authorities or the population may not commit hostile acts;
(d)) shall not be carried out actions in support of military operations.
3. the presence of persons specially protected under the conventions and this Protocol and
the police forces retained for the purpose of maintaining law and order on the
such a place is not contrary to the conditions laid down in paragraph 2.
4. a declaration made pursuant to paragraph 2 shall be addressed to the opposite
side, and must define and describe as accurately as possible the boundaries
nebráněného space. Party in the conflict, which is such a statement
addressed shall acknowledge its receipt and will be treated as with this site
nebráněným, unless the conditions laid down in paragraph 2 have not been in
really met, in which case it will be immediately
inform the party which made the Declaration. Even if the conditions laid down
in paragraph 2 are not met, such a place will continue to be deprived of the protection
provided by the other provisions of this Protocol and the other standards
international law applicable in armed conflicts.
5. the parties to the conflict may agree to the establishment of the nebráněných and
If such places do not meet the conditions laid down in paragraph 2.
The agreement will define and describe as accurately as possible the boundaries
nebráněného space; in the case of buying may provide ways of checking.
6. The party which controls the place that is the subject of the agreement, it
shall, to the extent possible, the signs, which may be agreed with the
the other party and that will be placed on the clearly visible locations,
especially after his circuit on borders and highways.
7. the area loses its status of nebráněného space, when it ceases to meet the
conditions laid down in paragraph 2 or by agreement, referred to in paragraph
5. In this case, this space will continue to enjoy the protection provided by the
the other provisions of this Protocol and in other international standards
the law applicable in armed conflicts.
Article 60 of the
The demilitarized zone
1. the parties to the conflict are prohibited to extend military operations into zones,
that agreement provided the status of the demilitarized zone, if such
the extension is in violation of the terms of this agreement.
2. this Agreement shall be an express agreement, may be concluded in the oral
or in written form, either directly or through the protective powers or
impartial humanitarian organization, and may take the form of mutual and
the same statement. Agreement may be concluded in time of peace, as well as after
the outbreak of hostilities and must define and describe what you may
as accurately as possible the border demilitarised zone and, if necessary, lay down the
ways of checking.
3. Subject to such agreement may be any zone which fulfils the following
terms and conditions:
and all kombatanti), as well as mobile combat means and mobile
military equipment must be evacuated;
(b)) the permanent military structures and equipment shall not be used for hostile
action;
(c)) the authorities and the population must not commit hostile acts, and
(d)) any activity associated with the military effort must be stopped.
The parties in the conflict to agree on the interpretation of the conditions laid down in
subparagraph (d)) and to persons who, in addition to the persons referred to in paragraph 4
will be admitted into the demilitarised zone.
4. the presence of persons specially protected under the conventions and this Protocol and
the police forces retained for the purpose of maintaining law and order in the
This zone is not contrary to the conditions laid down in paragraph 2.
5. a party in whose power is such a zone is located, shall, so far as it is
possible signs that may be agreed upon with the other party and that
will be placed on the clearly visible locations, particularly after its perimeter,
at the borders and roads.
6. If the fight gets close to the demilitarized zone and if the parties
in the conflict, so agreed, none of them may use the zone for purposes
that are related to the leadership of the military actions, or unilaterally cancel
her status.
7. If one of the parties in the conflict commits a gross breach of a
the provisions of paragraphs 3 or 6, the other party will be deprived of their
obligations under the agreement conferring the status of demilitarized zone, such
zone. In this case, the zone loses its status, but will continue to
deprived of the protection provided by the other provisions of this Protocol and
other norms of international law applicable in armed
conflicts.
Chapter VI
Civil Defense
Article 61
Definition and scope
For the purposes of this Protocol:
1. "civil defense" is the performance of some or all of the below
humanitarian missions, whose goal is to protect the civilian population from
the danger, to help him remove the immediate effects of hostilities
or disasters and also to create the conditions necessary for its survival. These
the tasks are:
and notification services;)
(b)) evacuation;
(c) the organisation and provision of shelters);
d) blackout;
e) rescue work;
f) medical services, including first aid and religious assistance;
g) fighting fires;
h) detection and marking of hazardous areas;
I) decontamination and similar protective measures;
(j) provision of emergency accommodation and) supply;
to the immediate aid for reconstruction) and the maintenance of order in the affected
areas;
l) immediate repair is necessary public facilities;
m) urgent funeral services;
n) help protect the objects necessary for survival;
o) complementary necessary to fulfil the above tasks, including
planning and organizing, but not limited only to this activity.
2. "the Organization of civil defense" are institutions and units that are
organized or authorized by the competent authorities, the parties in the conflict to
performance of the tasks referred to in paragraph 1 and which is intended and used
exclusively to perform these tasks.
3. the "Staff" of civil defence organisations are persons designated by the party in
the conflict exclusively to the performance of the tasks referred to in paragraph 1, including the
staff designated by the competent authorities of that party exclusively to control
These organizations.
4. "material" organisation of civil defence is a device inventory and shipping
the resources used by these organizations for the performance of the tasks referred to in
paragraph 1.
Article 62
General protection
1. Civilian civil defence organizations and their personnel will be
respected and protected in accordance with the provisions of this Protocol,
above all, the provisions of this section. Will have the right to discharge their stored
civil defence tasks except in cases of urgent military necessity.
2. The provisions of paragraph 1 shall also apply to civilians,
which, although they are not members of civilian civil defence organizations, the
civil defence tasks based on challenges of the competent authorities and under their
control.
3. Article 52 of this Protocol applies to buildings and material
used for civil defence purposes and shelters provided by the
the civilian population. Objects used for civil defence purposes
No person shall, in addition to the party they belong to, destroy or to specify a different
the use of the.
Article 63
Civil defense in the occupied territories
1. In the occupied territories, civilian civil defence organizations will receive from
the relevant institutions aid necessary for the performance of their tasks. In
no case shall be their staff forced to actions that would
obstructing the proper execution of these tasks. The occupying power must not be
changes in the structure or personnel of these organizations so that it
jeopardise the effective accomplishment of their tasks. On these organizations cannot be
seek to prioritize the interests of the citizens or the power.
2. The occupying power may not compel, coerce or encourage civil
civil defence organizations to perform their tasks in a manner that would be
detrimental to the interests of the civilian population.
3. The occupying power may disarm civil defence personnel for reasons of
safety.
4. The occupying power shall not use a building or material belonging to or
used by civil defence organizations for any other purpose, or seize,
If this other use or seizure of the damaging civil
the population.
5. Provided that the general rule in paragraph 4 shall continue to fulfil, it may
the occupying power to confiscate the funds or to specify a different purpose for the
These special conditions:
and that building or material) are necessary for other needs of the civilian
population and
(b)) that the seizure or other designation only lasts for the duration of such needs.
6. The occupying power must not be used for any other purpose specified or shelters
necessary for the civilian population and neither is nezabaví.
Article 64
Civilian civil defence organizations of neutral or other States that
are not parties to the conflict, and the International Organization for the coordination of
civil defence
1. articles 62, 63, 65 and 66 shall also apply to the staff and material
civilian civil defence organizations of neutral or other States,
that are not parties to the conflict and which perform civil defence tasks
referred to in article 61 in the territory of the parties in conflict with the agreement and under the
the control of that party. Notification of such assistance must be made as
as soon as possible to all competent opposite parties. In any case,
This activity cannot be considered as interference in the conflict, this activity
However, it must be carried out with due regard to security interests
the parties concerned in the conflict.
2. the parties to the conflict receiving the assistance referred to in paragraph 1, and
The High Contracting Parties, which must provide such assistance in the case of
the need to facilitate international coordination of such activities in the area
the civil defence. In such cases, the relevant international
organizations subject to the provisions of this chapter.
3. In the occupied territory, the occupying power may exclude or restrict the
the activities of civilian civil defence organizations of neutral or other
States which are not parties to the conflict, and international coordination
the organization only if it can ensure the appropriate
the performance of civil defence tasks from its own resources or from resources in the
occupied territory.
Article 65
Their protection
1. the protection to which they are entitled to civilian civil defence organizations,
their staff, buildings, shelters, and the material will end only if,
If the tasks are carried out in addition to its own activities, or are
used for activity that damages the opponent. Protection may, however,
finish up after the warning, which, if necessary, shall provide adequate
the time limit, and then, when this warning has remained without effect.
2. for activities detrimental to the opponent is not considered this activity:
and the performance of the tasks of civil defence) under the management or control of the military
authorities;
(b)) cooperation with the civilian civil defence personnel, military personnel
in the performance of civil defence tasks, or the assignment of specific military
personnel to civilian civil defence organizations;
(c)), the fact that the performance of civil defence tasks may also be the beneficial
for military sacrifice, especially for those that are taken out of the fight.
3. for an act detrimental to the opponent also does not consider, if civil
staff of civil defence has available light personal weapons to maintain
order or self-defence. However, in areas where the ground
fighting or where such fights is likely to occur, the parties must in
the conflict to take the necessary measures to limit these weapons to manual
weapons, such as pistols or revolvers, in order to more easily distinguish it staff
civil defense from the combatants. Although the staff of civil defence in such
areas available to other light personal weapons, however, will
respected and protected once it is recognized as such.
4. The creation of civilian civil defence organizations, according to a military pattern
and the fact that the service is declared liable, shall not relieve the
civilian civil defence organizations the protection provided by this chapter.
Article 66
The identification of the
1. Each party to the conflict shall endeavour to ensure that its organization
Civil Defense, their personnel, buildings and material have been
identifiable if they are exclusively intended for the performance of the tasks of the civilian
Defense. As well as to be identifiable shelters intended for civilian
the population.
2. Each party to the conflict shall also endeavour to adopt and apply
the methods and procedures that will allow the detection of civilian shelters and also
civil defence personnel, buildings and materials on which it is located
International distinguishing sign of civil defence.
3. In the occupied territories and in areas where fighting occurs or where to
the fighting is likely to occur, there must be a civilian staff of civil defence
identifiable by the international character of civil rozeznávacích
Defense and identity cards confirming their status.
4. International distinguishing sign of civil defence is, if used
for the protection of civil defence organizations, their personnel, buildings and
material and for civilian shelters, a blue isosceles triangle on the
orange background.
5. In addition to this rozeznávacího character the parties may conflict
agree on the use of rozeznávacích signals for identification purposes
the civil defence.
6. the application of the provisions of paragraphs 1 to 4 of chapter V of the annex is modified to
This Protocol.
7. in time of peace may be a distinguishing sign described in paragraph 4 applied to
the consent of the relevant State bodies for the purposes of identification of the civil
Defense.
8. The High Contracting Parties and parties to the conflict shall take the measures necessary to
check the placement of the international civil defence and rozeznávacích characters
to prevent and sanction abuse.
9. identification of medical and civil defense personnel,
medical units and medical transport is
also modified article 18.
Article 67
Members of the armed forces and military units assigned to the
civil defense organizations
1. Members of the armed forces and military units assigned to the
civil defence organizations shall be respected and protected for the
provided that:
and this staff and these) units are permanently assigned and exclusively to the
dedicated to the performance of the tasks mentioned in article 61;
(b)) this staff to fulfil other military duties during the conflict,
If assigned;
(c)) this staff is clearly distinguishable from the other members of the
the armed forces that is marked with a sufficiently large international
distinguishing sign of civil defence worn in a visible place and that
This staff is equipped with ID cards, confirming the status of the
individual members of staff, which are discussed in chapter V of annex I
to this Protocol;
d) this staff and these units are armed with only light
personal weapons to keep order or for self-defence. The provisions of the
Article 65 paragraph 3 shall also apply in this case;
e) this staff is not directly involved in hostilities and outside their
civil defence tasks does not or is not being used for activities that would
doing away with the opposite side;
f) this staff and these units perform their civil defence tasks only
on the national territory.
Non-compliance with the conditions referred to in point (e)) by any of the national
the armed forces, that is bound to the conditions laid down in paragraph 1 and)
and 1 (b)), is prohibited.
2. Military personnel serving on civil defense organizations will have
the status of the prisoner if he finds himself in the power of the other side. On
occupied territory may be used if necessary for tasks
Civil Defense, but only in the interest of the civilian population of such
the territory, however, if such work is dangerous, then just
provided that the tasks involved will meet voluntarily.
3. the buildings, large equipment and means of transport of military units
assigned to civil defence organizations shall be clearly marked with the
International distinguishing sign of civil defence. This distinguishing character
must be large enough.
4. Material and buildings of military units permanently assigned to the
civil defence organizations and exclusively intended for the performance of the tasks of the civilian
the defense will continue to be subject to the laws of war, if they fall into the hands of
the opposite side. May not be used otherwise than for the purposes of civil
Defense, until there is a need for the performance of civil defence tasks except the
in cases of urgent military necessity, if it has not previously been made
measures to ensure the needs of the civilian population.
Section II
Assistance for the benefit of the civilian population
Article 68
Application scope
The provisions of this section shall be applied to the civilian population, as
defined in this Protocol, and the following articles 23, 55, 59, 60, 61 and 62
and other relevant provisions of the Fourth Convention.
Article 69
Basic needs in occupied territories
1. in addition to the obligations set out in article 35 of the Fourth Convention on
the supply of food and medical needs will ensure the occupation
power also as far as possible from the resources available to it,
and without any negative difference in clothing, linens, shelter
and other basic resources necessary to the survival of the civilian population
occupied territories and objects necessary for worship.
2. Supporting actions in favour of the civilian population of the occupied territories
are governed by articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention
and article 71 of this Protocol and shall be implemented without delay.
Article 70
Helper actions
1. If the civilian population of any territory which, without the
the occupied territory is under the control of one of the parties in the conflict,
It will not be enough to secure supplies mentioned in article 69,
auxiliary action taken humanitarian and impartial nature, which
will be carried out without any adverse distinction based on agreement
parties concerned by these actions relate to auxiliary. Such deals help
will not be considered as interference in the armed conflict or for
hostile acts. In the distribution of supplies within the framework of this assistance will be
preferable to such persons, such as children, pregnant women, mothers and
nursing mothers, which under the Fourth Convention or under this Protocol
enjoy special benefits or special protection.
2. the parties to the conflict and each High Contracting Party shall allow and facilitate the
fast and smooth transport of all supplies, equipment and personnel in the
accordance with this section, even if such assistance is intended for
the civilian population of the opposite party.
3. the parties to the conflict and each High Contracting Party shall allow the
transporting supplies, equipment and staff in order to provided assistance in
accordance with paragraph 2:
and) will have the right to determine technical measures, including tours, whose
the fulfilment of the condition for the authorisation of such transport;
(b)) will be able to make this authorization by the distribution of this assistance will be
done under the local control of the protective powers;
(c) does not make use in any way supply) within the framework of this assistance to another
purpose than for which they are intended, and shall not delay their delivery,
except in cases of urgent necessity in the interest of the civilian population,
which it refers to.
4. the parties in conflict will protect supplies to help and facilitate the
their rapid distribution.
5. the parties to the conflict and each High Contracting Party to whom it may concern,
It will encourage and facilitate effective international coordination of these
supporting the actions referred to in paragraph 1.
Article 71
Staff involved in supporting actions
1. In the case of buying may support staff form part of the assistance
granted under any ancillary events, and in particular to
the transportation and distribution of supplies in the context of this assistance. The participation of such
staff will be dependent on the consent of the party in whose territory the staff
carry out their duties.
2. This staff will be respected and protected.
3. upon acceptance of the supplies within the framework of this assistance, each party will be in
as far as possible to assist the personnel referred to in paragraph 1 in
the performance of his mission. Only in the case of urgent military necessity can
the activity of this staff or temporarily restricted his movement.
4. Under no circumstances shall this exceed the scope of your staff
Mission under this Protocol. Must in particular take account of the
security requirements of the party in whose territory he performs his duties.
Activity of any member of staff who does not respect these conditions,
can be stopped.
Section III
The treatment of persons who are in the power of the parties in conflict
Chapter I
The range of application and protection of persons and objects
Article 72
Application scope
The provisions of this section supplement the rules of humanitarian protection
civilians and civilian objects, which are in the power of the parties in the
the conflict contained in the Fourth Convention, particularly in part I and III
as well as other rules of international law applicable to the protection of
fundamental human rights in international armed conflicts.
Article 73
Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered
stateless or a refugee in accordance with applicable
international documents adopted by the parties concerned, or in accordance
the legislation of the State have fled, or the State in which they have
residence, will be protected persons within the meaning of parts I and III of the fourth
of the Convention in all circumstances and without any adverse distinction.
Article 74
Merging the divided families
The High Contracting Parties and parties to the conflict shall facilitate in every possible way to merge
families divided due to the armed conflict and will support the
in particular, the activities of humanitarian organizations engaged in this task in the
accordance with the provisions of the conventions and of this Protocol and in accordance with their
the relevant safety regulations.
Article 75
Base warranty
1. persons who are in the power of the parties in the conflict, they have, if they are
affected by the situations referred to in article 1 of this Protocol and a lack of
them more favourable treatment in accordance with the conventions or this Protocol,
the right to human treatment in all circumstances and at least will be
to enjoy the protection provided by this article without any adverse
the distinction based on race, colour, sex, language, religion or
faith, political or other opinion, national or social origin,
property, ancestry or other status, or on other similar
criteria. Each Party shall respect the person, honour, conviction and
all these religious people.
2. At any time and in any place, regardless of whether they are committed
representatives of the civil or military authorities, are and will remain
These actions are prohibited:
and life-threatening, health), physical or mental state of the people,
in particular:
I) murder;
II) torture of all kinds, whether physical or mental;
III) corporal punishment and
IV) mutilation;
(b) an affront to personal dignity), especially humiliating and insulting
treatment, forced prostitution and any form of indecent acts;
c) prevents the hostages;
(d) collective punishments and)
e) threats to execute any of the above acts.
3. Any person detained, imprisoned or Internet for acts
related to the armed conflict will be in a language which he understands,
informed immediately, why these measures have been taken. With the exception of
cases of imprisonment or detention for offences they will
released at the earliest opportunity and in any event immediately after
When you pass away, the circumstances justifying the imprisonment, arrest or internment.
4. no judgment shall be handed down, and no penalty shall be executed on the
a person who has been found guilty of a criminal offence related to the
except in the case of armed conflict, when the judgment was handed down
impartial and duly designated by the Court respecting the generally recognized
the principles of proper judicial proceedings, which include guarantees that the
and judicial proceedings the accused shall provide) the opportunity to be promptly
informed about the details of the crime from which the accused, and
shall provide the defendant before driving and during the proceedings, all the necessary
the rights and means of defence;
(b)) no one will be convicted of the offence otherwise than on the basis of personal
criminal liability;
(c)) no one will be charged with or sentenced for an act or omission,
that was not a criminal offence under the law of the State or
international law applicable to such person at the time of
the said Act or omission. Will not be liable to a penalty more severe,
than what could be saved at the time when the offence was committed.
If the law issued after the offence a lighter sentence, the
This law is applied in favour of the offender;
(d) each defendant) presumed innocent, until in accordance
legally proven guilty;
e) each defendant will have the right to take legal proceedings held in his
the presence of;
f) nobody will be forced to testify against themselves or to confess to
blame;
g) each defendant has the right to examine or have hear witnesses
giving evidence against him and the right to demonstrate and the hearing of witnesses
his behalf under the same conditions as witnesses against him;
h) nobody will be prosecuted or punished by the same party for an offence for
that has already been handed down the final judgment of the liberating or judgmental
This person under the same law and judicial procedure;
I) each defendant is entitled to judgment was handed down publicly;
(j)) to the offender will be informed when judgment has been given, what are the legal and
other remedies and the periods within which it can assert.
5. Women whose freedom is restricted for reasons connected with the armed
the conflict, will be located separately from the men. Will be under the direct
the supervision of women. However, in cases where they are detained or interned
the family, in the case of options will be located in the same place and accommodated
as family units.
6. persons who are arrested, detained or interned for reasons of
related to the armed conflict, shall enjoy the protection provided for
This article even after the termination of the armed conflict until his
the final release, repatriation or resettlement.
7. In order to avoid any doubt concerning the prosecution and
the trial of persons indicted of war crimes or crimes against
humanity, the following principles will apply:
and) persons indicted by the of these crimes will be prosecuted and judged in accordance
with the applicable norms of international law and
(b)) with all persons who do not benefit from more favourable treatment in accordance
with the conventions or this Protocol shall be treated in accordance with this article
regardless of whether the crimes from which they are taken against companies, or
they are not a serious violation of the conventions or of this Protocol.
8. None of the provisions of this article shall be construed as limiting
or invasive of any other more favourable provisions providing, in
accordance with the applicable standards of international law more protection to the persons for
referred to in paragraph 1.
Chapter II
Measures in favour of women and children
Article 76
Protection of women
1. on the special account will be taken of women and will be protected in particular against
rape, forced prostitution and any other forms of indecent assault
the negotiations.
2. Pregnant women and mothers of small or dependent children, that have been
trapped, zdrženy or interned for reasons related to the armed
the conflict, have the right to make their case was discussed
as a priority.
3. the parties in conflict will as far as possible seek to
the death penalty has not been carried over in pregnant women or mothers of small and
their dependent children for an offence related to the armed conflict.
The death penalty for such acts will not be enforced on these women.
Article 77
The protection of children
1. Children shall be taken into account and special will be protected from any
forms of immoral conduct. The parties in the conflict to ensure the protection and
the help they need because of their age and other reasons.
2. the parties to a conflict shall take all possible measures to ensure that children
they have not reached the age of 15 years, directly participate in hostilities, and
in particular, they shall refrain from that is to povolávaly of their armed forces.
In recruiting among those persons who have attained the age of 15 years, but have not reached the age of 18
years, the parties in the conflict to try to give priority to the elderly.
3. where, in exceptional cases, and despite the provisions of paragraph 2,
children who have not reached the age of 15 years, will immediately attend the
hostilities and fall into the power of the other side, will continue to be
enjoy the special protection provided by this article, regardless,
whether they are prisoners of war.
4. In the case of imprisonment, detention or internment for reasons associated with the
armed conflict, children will be located separately from the adults, with
the exception of those cases where the family will be accommodated as family units in
accordance with article 75, paragraph 5.
5. The death penalty for an offence related to the armed conflict will not be
carried out on persons who have not reached the age of 18 years at the time when this
Act was committed.
Article 78
Evacuation of children
1. Any party to a conflict shall not take a measure to evacuate other children than
children of its nationals to a foreign country with the exception of the temporary evacuation of
urgent reasons having to do with health or Pediatrics
or, if you are not located in the occupied territory, with their
safety. In cases where it can be found, the parents or legal
guardians, is such an evacuation of their written consent. If
These persons cannot be found, it should be written consent with this
evacuation from persons who by law or custom of the bear the main
responsibility for the care of children. Over any such evacuation will have supervision
protective power in agreement with the interested parties, notably the
party to ensure the evacuation, party receiving the children and parties,
whose nationals are evacuated. In any case, shall take all
the parties in the conflict to take all possible preventive measures to ensure that the evacuation
has not been compromised.
2. in all cases evacuation made under paragraph 1 shall each
the baby all the time with the greatest possible continuity provided
education, including religious and moral education according to the wishes of his parents.
3. In order to facilitate the return of the children evacuated in accordance with this article to
their families and to their country, the authorities of parties handling the evacuation, and
If this is feasible, the authorities of the receiving country shall issue to each child
an identification card with photo, which will be sent to the Central Search service
The International Red Cross. Each card will contain, according to
options, and if that doesn't mean injury or risk to safety
the child, the following information:
and child's name);
(b)) the name (or names);
(c) the sex of the baby);
d) place and date of birth (if the date is not known, therefore the approximate age);
(e) the full name of the father);
(f) the full name of the mother) and her maiden name;
g) next of kin of the child;
h) nationality of the child;
I) the native language of the child and all other languages spoken;
j) address family of the child;
to) any identifying number of the child;
l) the State of health of the child;
m) blood group;
n) special characteristics;
about) the date and the place where the child was found;
p) the date and place where the child has left the country;
q) religion of the child, if any;
r the child's current address) in the recipient country;
with the death of a child) before returning the date, place and circumstances of death
and the place of his burial.
Chapter III
Journalists
Article 79
Measures to protect journalists
1. Journalists filling a dangerous professional tasks in the areas of
the armed conflict will be considered as civilians within the meaning of
Article 50, paragraph 1.
2. As such, will be protected by the conventions and this Protocol in
provided that it shall not take any action incompatible with their status
civilian people, and is without prejudice to the right of war correspondents
accredited by the armed forces on the enjoyment of the status within the meaning of article 4 of the
And the third), 4) of the Convention.
3. They can get personal licence based on the model appearing in annex II to
This Protocol. This card, which will be issued by the Government of the State whose
the journalist is a national or in whose territory he is resident or at
whose territory it is situated, the information agency which employs the
to confirm his status as a journalist.
Part V
Implementation of the conventions and of this Protocol
Section I
General provisions
Article 80
Implementing measures
1. The High Contracting Parties and parties to the conflict shall, without delay, all
the measures necessary for the implementation of the commitments, which they are stored to the conventions
and by this Protocol.
2. The High Contracting Parties and parties to the conflict shall issue orders and instructions to the
ensuring compliance with the conventions and this Protocol and on the co-operative
their implementation.
Article 81
The activities of the Red Cross and other humanitarian organizations
1. the parties in conflict to the International Committee of the Red Cross shall provide in
to the extent possible all resources for the performance of the humanitarian functions,
to it by the conventions and this Protocol are stored in order to ensure
protection of and assistance to victims of conflicts. The International Committee of the Red Cross
It may also carry out any other humanitarian activities in favour of the
These victims with the consent of the parties concerned in the conflict.
2. the parties to a conflict shall provide to the competent organizations of the Red
Cross (Red Crescent, Red Lion and Sun) the resources necessary
for the performance of their humanitarian activities in favour of victims of conflicts in
accordance with the provisions of the conventions and this Protocol and basic principles
The Red Cross on international conferences of the Red zformulovanými
Cross.
3. The High Contracting Parties and the parties in conflict in all possible ways
assist organizations of the Red Cross (Red Crescent, Red
the lion and the Sun) and the League of Red Cross in providing assistance
the victims of the conflicts in accordance with the provisions of the conventions and of this Protocol and shall
the fundamental principles of the Red Cross on international zformulovanými
conferences of the Red Cross.
4. The High Contracting Parties and parties to the conflict shall provide, if it will be
possible resources similar to those referred to in paragraphs 2 and 3,
other humanitarian organizations referred to in the conventions and, in this
The Protocol which are duly authorised by the relevant parties in the
conflict and which perform their humanitarian activities in accordance with
the provisions of the conventions and of this Protocol.
Article 82
Legal advisers in the armed forces
The High Contracting Parties at all times and the parties in the conflict at the time of
armed conflict shall ensure that legal advisers are available,
who could, if necessary, to provide military commanders on
the appropriate level of legal advice with regard to the application of the conventions and of this
Of the Protocol and on the appropriate instruction to be in this direction to the armed
the forces of the awarded.
Article 83
Dissemination Of Conventions
1. The High Contracting Parties undertake, in time of peace, as well as in
the time of armed conflict, to disseminate the Convention in their respective countries, and this
Log in as far as possible and, in particular, their study be included in the
military training programs and will support their study of civil
the population so as to familiarise themselves with these documents, the armed forces and
the civilian population.
2. the military or civilian authorities who, in time of armed conflict
take responsibility for the application of the conventions and of this Protocol, shall be
fully familiar with their lyrics.
Article 84
Application rules
The High Contracting Parties shall communicate, as soon as possible
through the depositary or through trade
powers of their official translations of this Protocol, as well as laws and
the regulation, which they have adopted to ensure its application.
Section II
Prosecutions for violations of the Conventions and of this Protocol
Article 85
Prosecution for the violation of this Protocol
1. the provisions of the conventions relating to prosecution for violation of and serious
violation of, this section will be subject to prosecution for
the breach and the serious violations of this Protocol.
2. Acts qualified as serious violations of the conventions are serious
breaches of this Protocol, when committed against persons in the power of
the opposite side of a protected article 44, 45 and 73 of this Protocol, or
against the wounded, sick, and search across the protected this
Protocol, or against the medical or spiritual staff
medical units or medical transportation resources
which are controlled by the opposite party and are protected by this
Protocol.
3. In addition to serious breach as defined in article 11 shall be
for serious violations of this Protocol, when committed intentionally,
představujíce as a violation of the relevant provisions of this Protocol, and
If he causes death or serious bodily injury or damage to health, these
actions:
and attack civilian populations or) individual civilians;
(b) the indiscriminate attack affecting) initiation of the civilian population
or civilian objects, with the knowledge that such attack will cause
excessive loss of life, injury to civilians or damage to the
civilian objects, as defined in paragraph 2, and article 58)
(iii));
(c)) begin attack against buildings and equipment containing dangerous
the force, if it is known that such an attack will cause excessive loss of
lives, injuries of civilians or damage to civilian objects,
as defined in article 57, paragraph 2), and (iii));
(d)) infestation of unprotected sites and demilitarizovaných zones;
(e)) infestation of the person about whom it is known that he is unable to fight;
(f) the use of the rozeznávacího character untrue) of the Red Cross, the Red
the Crescent or Red Lion and Sun or of other protective character
accepted conventions and this Protocol, and thus a violation of article 37.
4. in addition to serious violations as defined in the preceding paragraphs and in the
The conventions will be considered serious violations of this Protocol, provided that the
committed intentionally, představujíce violation of the Conventions or of this so
The Protocol, these acts:
the transfer parts of its own) and of the civilian population the occupation powers
not the territory that it occupies, deportation or transfer of all or part of the
the population of the occupied territory within or outside this territory, which is
violation of article 49 of the Fourth Convention;
(b) unjustified delay) repatriation of prisoners of war or civilian
people;
(c)) the application of apartheid or commit other inhumane and humiliating
offences, including insulting human dignity, based on racial
discrimination;
(d)) infestation of recognizable historical monuments clearly, artistic
works of art and places of worship that are cultural and spiritual
heritage of peoples and to which special agreement was concluded for example. in the framework of the
relevant international organizations given particular protection, and in whose
as a result of their considerable damage has occurred, if there is no evidence,
that the opposite party violated article 53, paragraph (b)) and, if such
the historic monuments, works of art and places of worship, for Congress
not in the immediate vicinity of military objects;
(e) deprivation of the person protected by the Conventions) or that referred to in paragraph 2 of this
Article the right to proper and impartial judicial procedure.
5. Without prejudice to the application of the conventions and of this Protocol will be a serious breach of the
These documents are considered to be war crimes.
Article 86
The omission of
1. The High Contracting Parties and parties to the conflict must prosecute serious
violations and take the necessary measures to prosecute all other
violations of the conventions or of this Protocol, which originated from the omission of
the obligation to act.
2. the fact that violations of the conventions or of this Protocol was committed
a child of the person, does not relieve his superiors of criminal or disciplinary
liability, depending on whether you knew or should have information which would
enable them to in the circumstances existing at that time to conclude that the
a child of a person has committed or is about to commit, such violations, and
If not done all possible measures within their power to
prevent the violation or to his prosecution.
Article 87 of the
Obligation to the masters
1. The High Contracting Parties and parties to the conflict shall require the
military commanders, as regards members of the armed forces under their
command and other persons child, did not suffer violations of conventions and
This Protocol and, if necessary, prosecuted and violations of this
gave them to the competent authorities.
2. In order to avoid and prevent breaches, High Contracting Parties
and the parties in the conflict from the commanders to require within their
responsibility to ensure that the members of the armed forces under their
the command of understand your obligations under the conventions and this Protocol.
3. The High Contracting Parties and parties to the conflict shall require the
the Commander, who is aware of the fact that his subordinates or other persons
under his control are about to violate or breach the Convention or this
The Protocol, has taken the necessary steps to prevent such
violations of the conventions or of this Protocol and where there is a need to
initiated disciplinary or criminal prosecution of those who make those
infringement committed.
Article 88
Mutual legal assistance in criminal matters
1. The High Contracting Parties shall provide each other the greatest possible legal aid
in the criminal proceedings instituted in cases of serious violations of the conventions or
of this Protocol.
2. Without prejudice to the rights and obligations laid down in the conventions and in article 85
paragraph 1 of this Protocol, the High Contracting Parties will, if it
circumstances, to cooperate on the issue of extradition. Duly consider the request
State in whose territory the alleged violation occurred.
3. the Laws of the requested High Contracting Parties will, in all cases
apply. However, the provisions of the preceding paragraphs shall not affect
obligations arising from the provisions of other bilateral or multilateral
the Treaty, which is fully or partially modifies or edited
mutual legal assistance in criminal matters.
Article 89
Cooperation
In the event of serious violations of the conventions or of this Protocol, the high
the Contracting Parties undertake to act, jointly or individually, in the
cooperation with the United Nations and, in accordance with the Charter of
Of the United Nations.
Article 90
The International Commission of inquiry
1.
and) will be created investigative Commission (hereinafter
"The Commission"), composed of the 15 members of high moral qualities and
a recognised impartiality.
b) after no less than twenty High Contracting Parties shall agree
accept the competence of the Commission, in accordance with paragraph 2, the depositary shall convene and
then at intervals of five years will again convene Conference
representatives of those High Contracting Parties for the purpose of election of the members of the Commission.
The Conference shall elect the representatives of the members of the Commission introduction by secret ballot of the
the list of persons to which each of the High Contracting Parties
propose one person.
(c) the members of the Commission will be in) persona to carry out its functions until the election of new
members at the following Conference.
(d)) in elections the High Contracting Parties shall ensure that persons to be
elected to the Commission, should the qualifications required and that in the Commission as a
a whole, ensure equitable geographical representation.
e) in the case of the Commission itself to free up space, this free space
fill up with due regard to the provisions of the preceding paragraphs.
f) depositary for the Commission the necessary administrative facilities
for the performance of its functions.
2.
and) the High Contracting Parties may at the time of signature, ratification or accession,
to the Protocol, or at any later time declare that they recognize ipso facto and
without a special agreement with any of the other High Contracting Party to the
receiving the same obligation, the competence of the Commission to investigate the other side,
how this justifies this article.
(b)) the above declaration will be deposited with the depositary, which shall transmit
their copy of the High Contracting Parties.
(c)) the Commission is responsible:
I) investigate the fact that to be a serious breach, as
is defined by the conventions and this Protocol or other serious violations of
Of the conventions or of this Protocol;
(ii)) by submitting your good services to help to restore the situation where
the Convention and this Protocol.
(d)) in other situations, commence the investigation at the request of the parties in the
the conflict only with the consent of the other party or relevant others
party.
(e) without prejudice to the preceding provisions) of this paragraph, will continue to be
apply the provisions of article 52 article 53 of the Convention, the first of the second Convention,
Article 132 the third Convention and article 149 of the Fourth Convention when the alleged infringement
Of the conventions and of this Protocol when the alleged infringement.
3.
and if appropriate) unless otherwise agreed by the parties, all investigations will be
perform a Chamber consisting of seven members appointed as follows:
and five members of the Commission), who do not have to be citizens of any of the parties in the conflict,
will be appointed Chairman of the Commission on the basis of equitable geographical
representation in consultation with the parties in the conflict,
II) two ad hoc members who do not have to be citizens of any of the parties in the
the conflict, will be appointed by each Party shall propose one.
(b)) after the request for investigation of the President of the Commission shall set a term for
the creation of the Chamber. If any of the ad hoc members appointed in
the deadline, the President immediately called in the interest of completeness of composition
The Chamber additional member or supplementary members of the Commission.
4.
and the Chamber created) under paragraph 3 to perform the investigation prompts
the parties in the conflict, to assist and to provide evidence. The Chamber also
can discover additional evidence as it considers relevant, and may carry out
investigation of the situation on the ground.
(b)) the parties will fully familiar with all the evidence and will have the right
to submit their comments to the Commission to such evidence.
(c)), each Party shall have the right to raise objections against such evidence.
5.
the Commission shall submit to the parties) and a report on the facts established by the Chamber of
together with the recommendations that it considers appropriate.
(b) if the Chamber does not have the ability) to provide sufficient evidence for
objective and unbiased conclusions, must give the reasons why it did not happen.
(c)) the Commission does not disclose its conclusions, if all parties in the
the conflict demand so that the Commission has made.
6. the Commission shall establish its own rules of procedure, including rules on
the Presidency, the Commission and the Presidency of the Chamber. The rules of procedure has
to ensure that the duties of the President of the Commission have been carried out at all times and
in the event of investigations have been carried out by a person who is not a citizen
the parties in the conflict.
7. the Commission's administrative expenditure will be covered by contributions from the High Contracting
the parties that have made the declaration under paragraph 2, and of the voluntary
contributions. Party in the conflict or a conflict, the Parties requesting
the investigation will provide the necessary means to the backup form expenses Chamber
you will be met by a party or parties against which the claim
filed, and to the extent of 50 per cent of expenses Chamber. If you are
The Chamber presented and protitvrzení, each Party shall provide a fifty percent
the necessary resources.
Article 91
The liability of the
Party in the conflict, which violates any of the provisions of the conventions or of this
The Protocol will be obliged to pay compensation if it occurred. Will
be liable for all damages committed by persons belonging to the
the armed forces.
Part VI
Final provisions
Article 92
The signature of the
This Protocol shall be open for signature by the parties to the Conventions six months after
the signature of the final act and will remain open for signature for twelve
months.
Article 93
The ratification of the
This Protocol shall be ratified as soon as possible. Ratification of the
shall be deposited with the Swiss Federal Council, depositary of the conventions.
Article 94
Access
This Protocol shall be open for accession to any side of the conventions which it
did not sign. The instrument of accession shall be deposited with the depositary.
Article 95
Entry into force of
1. this Protocol shall enter into force six months after the deposit of the two
instrument of ratification or instrument of accession.
2. For each party to the conventions, which ratifies the Protocol, or
Bulgaria shall take effect six months after the deposit of its
instrument of ratification or instrument of accession.
Article 96
Contractual relations after the entry into force of this Protocol
1. If the parties to the conventions are also parties to this Protocol, the
The Convention will apply as supplemented by this Protocol.
2. If one of the parties in conflict is not bound by this Protocol,
Parties to the Protocol will continue to be bound by this Protocol in their
mutual relations. Will continue to be bound by this Protocol in relation to the
each of the parties who are not bound by it, if such parties shall adopt and
they will apply the provisions of this Protocol.
3. the authority that is representative of the nation battling against some of the
The High Contracting Party in the armed conflict of the type that speaks
Article 1, paragraph 4, may be unilateral declaration addressed
commit to the depositary in the conflict, to apply the Convention and the
Protocol. Such a declaration will be in relation to this conflict have
of its receipt by the depositary of the following effects:
and the Convention and this Protocol) are effective for that authority as
side in the conflict with immediate effect;
(b)) the above authority shall have the same rights and obligations as High Contracting
Parties to the conventions and this Protocol, and
(c)) of the Convention and this Protocol are equally binding on all parties in the
the conflict.
Article 97
Changes
1. Any High Contracting Party may propose amendments to this Protocol.
The text of the proposed changes will be sent to the depositary, which, after consultation with the
all High Contracting Parties and the International Committee of the Red
Cross will decide whether it is necessary to convene a Conference to assess the proposed
changes.
2. the depositary shall invite to that Conference all the High Contracting Parties,
as well as the parties to the conventions regardless of whether you have signed this Protocol or
not.
Article 98
The revision of annex I of
1. No later than four years after the entry into force of this Protocol and
then, at intervals of not less than four years, the International Committee of the
Red Cross to consult the High Contracting Parties, as regards annex
And to this Protocol, and, if it considers it necessary, may call a
meeting of technical experts to review annex I and designing
such changes in it, which may be desirable. If during the six months
from the High Contracting Parties, on the proposal for the convening of the meeting does not have
one third of them object, the International Committee of the Red Cross a
the meeting will convene at the same time invite observers and relevant international
organizations. Such a meeting may also be convened by the International Committee
The Red Cross at any time at the request of one third of the High
of the Contracting Parties.
2. the depositary shall convene a Conference of High Contracting Parties and the parties to these
Conventions to discuss the amendments proposed on the advice of technical experts,
If, after such consultation requested by the International Committee of the Red Cross
or one third of the High Contracting Parties.
3. amendments to annex I may be admitted to such a Conference
a two-thirds majority of those present and voting of the High Contracting
party.
4. the depositary shall communicate any amendment thus adopted by the High Contracting Parties to the
and the parties to the conventions. The changes will be considered to be received after the expiry of one
year of such communication, if not in this period to the depositary
Declaration of non-acceptance of the changes at least one third of the High Contracting
party.
5. An amendment deemed to have been accepted in accordance with paragraph 4 shall take
force three months after its acceptance for all the High Contracting Parties
In addition to those that have made a declaration of non-acceptance of these amendments in accordance
with this paragraph. The party that has made such a declaration may in
any time recall and a change in this case, the Party shall take
the validity of three months after such appeal.
6. the depositary shall inform the High Contracting Parties and parties to the conventions on
entry into force of the amendments, about which the parties are bound by them, on the date of
entry into force of these amendments, in relation to each side, of the declarations
about the rejection of the amendments made in accordance with paragraph 4 and appeals
such statements.
Article 99
Notice of termination
1. In the event that a high contracting party, this Protocol is denounced, testimony
shall be effective only for the year of receipt of the instrument of denunciation. If
However, denouncing the party after this year, located in one of the
the situations referred to in article 1, the dismissal before the termination of operative
the armed conflict or occupation and in any case before the end
operations associated with the final release, repatriation or upon
persons protected by the conventions and this Protocol.
2. the Denunciation shall be notified in writing to the depositary, which shall communicate it to all
The High Contracting Parties.
3. The denunciation shall have effect only for the denouncing party.
4. the Notice referred to in paragraph 1 shall not affect the obligations that have already
incurred by reason of the armed conflict under this Protocol for the
such denouncing party in respect of acts committed before
the testimony came into force.
Article 100
Notification
The depositary shall inform the High Contracting Parties, as well as the parties to the conventions
regardless of whether they are signatories of this Protocol or not:
about signatures) annexed to this Protocol and the deposit of instruments of ratification
instruments or of instruments of accession in accordance with articles 93 and 94;
(b)) of the date of entry into force of this Protocol in accordance with article 95;
(c) communications and declarations), received in accordance with articles 84, 90
and 97;
(d)) of the declarations received under article 96, paragraph 3, which must be
What is the fastest way and communicated to the
e) notice in accordance with article 99.
Article 101
Registration
1. after the entry into force of this Protocol the depositary shall send to the Secretariat
The United Nations for registration and publication in accordance with the
Article 102 of the Charter of the United Nations.
2. the depositary shall also inform the Secretariat of the United
the Nations of all ratifications, approaches and denunciations received in
the context of this Protocol.
Article 102
Authentic texts
The original of this Protocol, of which the English, Arabic, Chinese,
French, Russian and Spanish text being equally authentic, shall be deposited with
the depositary, who shall send certified copies of it to all parties to the conventions.
Annex I
The rules concerning the identification of
Chapter 1
ID cards
Article 1
Identity card for permanent civilian medical and spiritual staff
1. the identity card for permanent civilian medical and spiritual staff
referred to in article 18, paragraph 3 of the Protocol should:
and distinguishing character) have and of such size that it can be worn in a Pocket;
(b)) to be nejtrvanlivějším as possible;
(c)) to be filled in the national or official language (and may be in addition
listed in other languages);
(d)) indicate the name, date of birth (or, if this date is not
There, age at time of release), and social security number of the holder, if any;
e) indicate to what extent the holder is entitled to rely on the protection of the conventions and
This Protocol;
f) contain a photograph of the holder, as well as his signature or mark,
or both;
(g)) be stamped and signed by the competent national authority;
h) bear the date of issue and date of expiry of this licence.
2. Identity card will be uniform for the whole of the territory of each High Contracting
the parties, and, if possible, will be of the same type for all parties in the
the conflict. The parties in the conflict can control the jednojazyčným pattern
listed in table 1. At the beginning of hostilities shall communicate,
the model licence used, if this pattern differs from the model
listed in table 1. ID cards are issued, if this will be
possible, in duplicate; one copy will be in the custody of the issuing authority,
who should carry out the control of licences issued.
3. Under no circumstances shall be the permanent civilian medical and
spiritual his identity card withdrawn staff. In case of loss
the card will be eligible for the issuance of a duplicate.
Article 2
Identity card for temporary civilian medical and spiritual staff
1. the identity card for temporary civilian medical and spiritual
staff should be, if possible, similar to the licence
provided for in article 1 of these rules. The participants in the conflict can
the model set out in table 1.
2. If circumstances do not permit issued for temporary civilian medical and
spiritual staff ID cards, which are similar to those described in the
Article 1 of these rules, this staff may be receipted
signed by the competent authority certifying that the person is
licence has been issued, is intended to carry out the duties as temporary staff and
that, where possible, provides notice of the duration of the task and the
the right of that person to wear distinguishing character. The acknowledgement should contain
holder's name, date of birth (or, if this date is not
There, his age at the time of issue of the licence), its function and birth
the number, if any. It will include his signature or mark, or
both.
The front of the
Red Cross Red Cross
(space reserved for the name of the country and the authority issuing this card)
Identity card
Permanent medical
for civilian staff
the temporary spiritual
--------------------------------------------------
Jméno .......................................................................................................
............................................................................................................
Date of birth (or age).................................................................................
Social security number (if applicable)................................................................................
The holder of this licence is protected by the Geneva Conventions of 12. August 1949 and the additional protocol to the Geneva
Conventions of 12. August 1949 on the protection of victims of international armed conflicts (Protocol I) in his post.. ...
Release date ........................................................... Card Number......................
Signature of issuing authority
Expiry date............................................
Table 1. The pattern of the identity card
(format: 74 mm x 105 mm)
The back page
Výška ................... Oči ....................... Vlasy ..........................
Other special signs or information:
............................................................................................................
............................................................................................................
............................................................................................................
Photograph of the holder
Stamp signature of the holder or
thumbprint, or both
Chapter 2
Distinguishing character
Article 3
The shape and nature of the
1. the Distinguishing sign (red on a white background) will be so large as it
they will require. As regards the shape of the Red Cross, the Crescent
or the lion and the Sun, the High Contracting Parties control patterns listed
in table 2.
2. At night or in poor visibility may be distinguishing character
illuminated or illuminated; It may also be constructed of such materials,
to make it possible to identify the technical means of detection.
the Crescent Red Cross the lion and the Sun
Table 2. Red distinguishing characters on a white background
Article 4
The use of the
1. the Distinguishing character will, if possible, is placed on a smooth
surface or on flags visible from all directions, and at such a great
the distance, as possible.
2. Depending on the instructions of the competent authority will be the medical and
staff carrying out their spiritual duties in the area of the fighting, if it
It will be possible, wear headgear and clothing with distinguishing character.
Chapter 3
Distinguishing signals
Article 5
Voluntary use of
1. Without prejudice to the provisions of article 6 of these rules will not be signals intended
in this chapter for exclusive use of medical units and
medical transport means used for no other purposes.
The use of all signals referred to in this section is voluntary.
2. temporary medical aircraft from lack of time or for your
parameters cannot be marked with the distinguishing sign may be used
rozeznávacích signals authorized in this chapter. The best method
effective identification and recognition of medical aircraft, however, is
the use of Visual signals, either rozeznávacího, or the character of the light
the signal specified in article 6, or both, supplemented by other signals
referred to in articles 7 and 8 of these rules.
Article 6
Light signal
1. Light signals consisting of intermittent blue light is
designed to use a medical plane to identify it. This
the signal will not be used by any other aircraft. The recommended blue colour
is manufactured using these three chromatic coordinates:
the boundaries of the Green y = 0.065 + 0.805
the boundaries of the white y =-x 0.400
the boundaries of the purple color x = + y 0.133 0.600
The recommended frequency of flashes of blue light is between 60 and 100 flashes
in one minute.
2. Medical aircraft should be fitted with lights needed in order to
that the light signal seen from as many directions as possible.
3. If a conflict does not exist between the parties in a specific agreement
vyhražující the use of intermittent blue light for identification
medical vehicles, ships and vessels, not the use of such signals
for other vehicles and ship disabled.
Article 7
Radio signals
1. The radio signal will consist of radiotelefonické or
radiotelegraphy messages that will be preceded by a clear distinguishing
priority signal, which will be determined and approved by the world administrative
the International Telecommunications Union radio conferences. Will be posted
three times before the aircraft call sign medical transport
resource. This message will be broadcast in English in the relevant
intervals on the frequency or frequencies specified in accordance with paragraph
3. using the priority signal is only authorised for medical
and the medical transport units resources.
2. the Radio message, which will be preceded by a clear priority signal
referred to in paragraph 1 shall contain the following information:
and the callsign of the medical transport);
(b)) of the Habitat of the medical transport;
(c) the number and type of health care) means of transport;
(d) the intended route of movement;)
e) depending on the circumstances during the move and the estimated time of departure time and
arrival;
(f) any further information such as) flight altitude, controlled radio
frequencies, the agreed languages, ways of working and secondary systems codes
radar control.
3. in order to facilitate the submission of the reports referred to in paragraphs 1 and 2, as well as
the reports referred to in articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of this
The Protocol, the High Contracting Parties which are parties to a conflict, or
one party in the conflict, acting in agreement or alone, may, in
accordance with the overview of allocated frequencies in the Radio Regulations
annexed to the International Telecommunication Convention, determine and publish
selected national frequencies that will be used for such communication. These
the frequencies will be communicated to the International Telecommunication Union in accordance with
the procedure, which will be approved by the World Administrative Radio
conferences.
Article 8
Electronic identification
1. the system of secondary radar control, as described in annex 10 to the
The Chicago Convention on international civil air transport of 7. December
1944 along with later modifications, can be used to identify and
flight tracking rates of medical aircraft. The way you work and the code
the CSF system intended for the exclusive use of medical aircraft will
determined by the High Contracting Parties, the parties in conflict or one
of the parties in the conflict, acting in agreement or separately in accordance with
the procedure, which will be recommended by the international civil
Aviation.
2. the parties to a conflict may conclude a special agreement, and
provide for the application of a similar electronic system to identify
medical vehicles and medical ships and craft.
Chapter 4
Connection
Article 9
Radio link
Priority signal provided for in article 7 of these rules can prevent
relevant radio communication transmitted by health care units and
medical transportation resources when you use the procedure set out in
articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol.
Article 10
The use of international codes
Medical units and medical transportation resources may also
use of codes and signals laid down by the International Telecommunication Union,
International Civil Aviation Organization and the Intergovernmental Maritime Consultative
organizations. These codes and signals will be used in accordance with the standards,
practice and procedures set forth by these organizations.
Article 11
Other means of connection
If it is not possible to two-way radio contact, the signals may be used
laid down by the international code signal, taken by Intergovernmental Maritime
the advisory organization or the appropriate annex to the Chicago Convention on
international civilian air transport of 7. December 1944, together with the
later modifications.
Article 12
Flight plans
The agreement and the notice concerning flight plans provided for in article 29 of the
The Protocol will be based on the options formulated in accordance with the procedures
laid down by the International Civil Aviation Organisation.
Article 13
Signals and procedures for the detention of medical aircraft
If it is detaining the plane used to verify the identity of the medical
the aircraft in flight, or to ensure that it is applied to land in accordance with the
articles 30 and 31 of the Protocol, it should signal system and medical aircraft
use standard Visual and radio procedures for detention prescribed
Annex 2 to the Chicago Convention on international civil air transport of
on December 7, 1944, together with later modifications.
Chapter 5
Civil Defense
Article 14
Identity card
1. card of identification of personnel civil defence provided for in article 66
paragraph 3 of the Protocol shall be governed by the provisions of article 1 of these
the rules.
2. card of identification for civil defence personnel may drive the pattern
listed in table 3.
3. where the Civil Defense personnel allowed to wear lightweight personal
weapons, it should be mentioned in the certificate.
Table 3. A model identity card for staff of civil defence
(format: 74 mm x 105 mm)
the blue triangle blue triangle
on the orange background on orange background
The front of the
(Instead of reserved for the name of the country and the authority that issued this card)
Identity card
for the staff of civil defence
-----------------------------
Jméno .......................................................................................................
............................................................................................................
Date of birth (or age).................................................................................
Social security number (if applicable)................................................................................
The holder of this licence is protected by the Geneva Conventions of 12. August 1949 and the additional protocol to the Geneva
Conventions of 12. August 1949 on the protection of victims of international armed conflicts (Protocol I) in his post.. ...
Release date ... ... ... ... ... ... ... ... ... ... ... ID...........................................
Signature of issuing authority
The expiration date ... ... ... ... ... ... ...
The back page
Výška .......................... Oči ............................ Vlasy.............................
Other special signs or information:
............................................................................................................
............................................................................................................
............................................................................................................
Weapons
............................................................................................................
Photograph of the holder
Stamp signature of the holder or
thumbprint, or both
Article 15
International distinguishing sign
1. International distinguishing sign of civil defence provided for in article
66 paragraph 4 of Protocol is an isosceles triangle on the Orange Blue
the background. A specimen is given in table 4.
the blue triangle
on orange background
Table 4. The blue triangle on an orange background
2. It is recommended that:
and if the blue triangle) on the flag, tape or clothing, background
the triangle formed the Orange flag, tape or clothing;
(b) one of the angles of a triangle) pointing vertically upwards;
(c) none of the angles of a triangle), does not touch the edges of the Orange order.
3. International distinguishing character is as great as it will require
the circumstances. Distinguishing character will, if possible, located on a flat
surface or on flags visible from all directions and such
the distance, as possible. In accordance with the instructions of the competent
the authority will be a civil defense staff to wear, if possible,
headgear and clothing with international distinguishing sign. At night, or
When visibility is a character might shine or be illuminated; It may also
be made of materials that enable its detection technical
detection means.
Chapter 6
Construction and installations containing dangerous forces
Article 16
International special character
1. the international special sign for works and installations containing
dangerous forces, as provided for in article 56, paragraph 7 of the Protocol,
will consist of 3 groups of bright orange circles of the same size
placed on the same axis, while the distance between each circle will be
a RADIUS in accordance with table 5 depicted below.
2. Character will be as large as required by circumstances. If it is hosted
over a larger area, it can be repeated as often as required
the circumstances. If possible, it will be placed on a flat surface or on the
flags so as to be visible from all directions, and at such a distance,
as soon as possible.
3. On the flag will be the distance between the outer edges of the character and the adjacent
party flag a circle's RADIUS. The flag will be rectangular with white
background.
4. At night or in poor visibility can be a lit or
lit. It can also be made from PII to discover materials to
technical means of detection.
Yeah Yeah Yeah
Orange Orange Orange
Table 5. International special sign for construction
and equipment containing dangerous forces
Annex A, Part II
Identity card of the journalist who satisfies the dangerous professional tasks
The front of the
-------------------------------------------------------------------------------------------------------------
This identity card is issued
journalists who satisfies the dangerous
Professional tasks in the areas of
of armed conflicts. The holder is
entitled to the name of the country with him
treated as a civilian by the person issuing the licence
in accordance with the Geneva Conventions
of the 12. August 1949 and with their
Additional Protocol I.
The holder of the licence must be constantly
at all times. If apprehended, it immediately
shall transmit to the authorities, who have detained him, the identity card of journalist,
in order to assist them finding their who satisfies the dangerous
identity. Professional tasks
-------------------------------------------------------------------------------------------------------------
The back page
-------------------------------------------------------------------------------------------------------------
Released by whom (competent authority).................... The height of the................. Oči ........................
Photos Of The Place ... ... ... ... ... ... ... ... ... ... ... ... Váha .................. Vlasy ......................
the holder of the
Datum ................................ Blood group. RH factor
The official seal of Religion (optional)..........................
.................................. Signature of the holder's fingerprints (optional)
Příjmení ......................................... The imprint left the imprint of the right
the index finger index finger
Jméno ............................................
Place and date of birth...........................
Correspondent...................................... Special signs
Kind of employment..................................
Platný do ........................................
-----------------------------------------------------------------
The additional protocol
to the Geneva Conventions of 12. August 1949 on the protection of victims of armed
governmental and international character of the conflicts (Protocol II)
The High Contracting Parties,
připojímajíce that the humanitarian principles enshrined in common article 3 of the
The Geneva Conventions of 12. August 1949 form the basis of respect for the human personality
in cases of armed conflict, which does not have international character,
Recalling further that the international documents relating to the human
rights provide the basic protection of the human person,
Stressing the need to ensure a better protection of victims of armed
conflicts,
Recalling that, in cases not covered by the law,
remains of human personality under the protection of the principles of humaneness and requirements
social consciousness,
have agreed as follows
Part I
The scope of application of this Protocol
Article 1.
Material scope of application
1. this Protocol, which develops and supplements common article 3
The Geneva Conventions of 12. August 1949 and does not change the existing conditions of its
application, will apply to all armed conflicts that
they are not included in article 1 of the additional protocol to the Geneva Conventions of
12 August 1949 on the protection of victims of international armed conflicts
(Protocol I) and occurring on the territory of a high contracting party between
its armed forces and dissident armed forces or
in other organized armed groups integrity under the
the responsible command of such control over part of its territory, which they
allows you to maintain a sustained and concerted military operations and to apply this
Protocol.
2. this Protocol will be applied in the case of internal unrest and
tensions, such as riots, isolated and sporadic acts of violence and
other cases of a similar nature that are not considered to be armed
conflicts.
Article 2.
Personal scope of application
1. This Protocol shall be applied without any adverse distinction
based on race, colour, sex, language, religion or belief,
political or other opinion, national or social origin,
property, ancestry or other status, or on other similar
criteria (hereinafter referred to as "adverse distinction") to all persons
affected by armed conflict in the manner referred to in article 1.
2. At the end of the armed conflict, all persons deprived of liberty
or persons whose freedom has been limited because of a related
in such a conflict, as well as persons who have been deprived of their liberty or
whose freedom has been restricted after the conflict for the same reasons, the use of
the protection provided for in articles 5 and 6, as long as such deprivation or restriction of liberty
finishes.
Article 3.
Non-interference
1. No provision of this Protocol will be applied in order to
interfere with the sovereignty of the State or of the obligation of the Government to maintain and again
deploy all legal means of law and order in the State or to defend the
the national unity and territorial integrity of the State.
2. No provision of this Protocol shall be construed as permission to
direct or indirect interference by any reason to the armed
conflict or in the internal or Foreign Affairs High
the Contracting Party in whose territory this conflict occurred.
Part II
Humane treatment
Article 4.
Base warranty
1. All persons who are not directly involved in, or that have stopped
to participate in hostilities, regardless of whether their freedom
limited or not, have the right to respect for their person, honour,
belief and religion. Under all circumstances will be with them
treated humanely, without any adverse distinction. It is forbidden to
give an order that no one will be left alive.
2. Without prejudice to the General provisions referred to above are and will remain disabled
in every age and in every place the following acts against persons referred to in
paragraph 1:
and threaten life, health) and the physical or the mental state of
persons, in particular murder as well as cruel treatment such as torture, mutilation
or any form of corporal punishment;
(b) collective punishments;)
c) hostage taking;
d) terrorist acts;
e) insults the personal dignity, in particular humiliating and insulting
treatment, rape, forced prostitution and any form of indecent assault
the negotiations;
f) slavery and the slave trade in all their forms; g) pillage;
h) threats to execute any of the above acts.
3. children will be given the care and assistance they require, and in particular:
and they will be provided with education), including religious and moral education, in
accordance with the wishes of their parents or, in the absence of the parents of those who
are responsible for the care of them;
(b)), all necessary measures shall be taken, in order to facilitate
the unification of families, who are temporarily separated;
c) children under the age of 15 years into armed forces will be called upon or
groups, and they will not be allowed to participate in hostilities;
d) special protection provided by this article to children under the age of 15
years, they will be covered even if the right to participate in the
of hostilities notwithstanding the provisions of paragraph (c)) and are captured;
(e)), if necessary, measures shall be taken, if possible, always
the consent of their parents or persons responsible for them under the law or
the habit mostly correspond to children have been temporarily relocated from the area
in which hostile actions, to safer areas in the country, and
in order to ensure that they are accompanied by persons responsible for their
safety and welfare.
Article 5.
Persons whose liberty has been restricted
1. in addition to the provisions of article 4 shall be complied with at least the following
the provisions relating to persons deprived of their liberty for reasons related to
armed conflict, whether interned or detained:
and with the wounded and the sick) will be treated in accordance with article 7;
(b)) the persons referred to in this paragraph shall be in the same range as
the local civilian population provided food and drinking water and
will be given the guarantees relating to health, hygiene and protection against
the elements of the climate and the dangers arising from the armed conflict;
(c)) will be given the opportunity to receive individual or collective support;
(d)) will be given the opportunity to perform their religious ceremonies, and if requested
about it and, if possible, to receive spiritual assistance from persons exercising
religious acts, for example. from priests, etc.;
(e)) will be forced to work, they will have a working conditions and guarantees
similar to those of the local civilian population.
2. Those who are responsible for the internment or detention of the persons referred to in
paragraph 1, within their capabilities, will also maintain the following
the provisions concerning the following persons:
and) except when they are men and women from the same family staying
together, they will be accommodated in the premises of women separate from men and will be
under the immediate supervision of women;
(b)) a person referred to in paragraph 1 shall be entitled to send and receive letters
and postcards in quantities that may be limited by the competent authority,
If it deems necessary;
(c)) and the detention internment facilities will be located near
the area of the fighting. The persons referred to in paragraph 1 shall be evacuated if they
areas where they are interned or detained, particularly exposed to
the danger arising from the armed conflict, if the
the evacuation be made sufficiently safe conditions;
(d)) will have the right to a medical examination;
(e)), their health and their physical or mental integrity will not be compromised
any unlawful act or omission. It is therefore forbidden to
subjugating persons referred to in this article to any medical procedure,
that the State of health of the person concerned does not require and which is not in accordance
with generally accepted medical standards used in relation to the free
persons under similar medical conditions.
3. Persons not referred to in paragraph 1, but whose freedom
was in any way restricted for reasons connected with the armed
the conflict will be treated humanely in accordance with article 4, paragraph 1
a), c) and (d)) and 2 (b)) of this article.
4. If it is determined to release persons deprived of freedom, those who shall take the
so decided to take the necessary action to ensure their safety.
Article 6.
Criminal prosecution
1. This article applies to the prosecution and punishment of offences
with armed conflict.
2. the Above persons who have been found guilty of a criminal offence, will not be
sentences and enforced penalties except in cases where there has been
judgment of the Court, which provides the basic guarantee of independence and
impartiality, in particular:
and judicial proceedings the accused shall provide) the opportunity to be promptly
informed about the details of the crime, from which it is charged and
shall provide the defendant before driving and during the proceedings, all the necessary
the rights and means of defence;
(b)) no one will be convicted of the offence otherwise than on the basis of personal
criminal liability;
(c)) no one will be convicted for an act or omission that was not in accordance with
the law, a criminal offence at the time a criminal offence. Similarly, it will not be saved
the penalty heavier than what could be saved at the time when the offence was
committed. If the law issued after the offence lighter
punishment, the law applied in favour of the offender;
(d) each defendant) presumed innocent, until in accordance
legally proven guilty;
e) each defendant will have the right to take legal proceedings held in his
the presence of;
f) nobody will be forced to testify against themselves or to confess to
blame.
3. The convicted person shall be informed when judgment has been given, what are the legal and
other remedies and the periods within which it can assert.
4. The death penalty will not be carried on persons younger than 18 years of age at the time of
committing a crime and will not be carried out on pregnant women and on
mothers of small children.
5. After the end of hostilities, the authorities will try to
to grant amnesty, in the widest possible extent persons who participated in the
armed conflict, or those that have been deprived of liberty for reasons of
related to the armed conflict, regardless of whether they were
interned or detained.
Part III
The wounded, sick and shipwrecked men
Article 7.
Protection and care
1. all the wounded, sick and shipwrecked men, regardless of whether the
took part in the armed conflict or not, will be respected and
protected.
2. In all circumstances be treated humanely, and they will be
granted to the greatest extent possible, and as quickly as possible medical care and
the treatment, which requires their status. The difference between them is not made from
for reasons other than health.
8.
Search
Whenever circumstances permit, and particularly after the end of the fight, will be
immediately taken all possible measures to track down and collect
the wounded, sick and shipwrecked, to be protected from spoil and
ill-treatment and to ensure appropriate care for them, as well as
and the search for the dead, in order to avoid spoliation and to be
buried with dignity.
Article 9.
Protection of medical and personnel
1. Medical and spiritual staff will be respected and protected, and when
performance of its duties will be provided all possible assistance. Cannot
be forced to perform tasks which are incompatible with its humanitarian
the Mission of the.
2. It is not possible to demand that medical personnel in performing its functions
give priority to any person other than for medical reasons.
Article 10.
General protection of persons carrying out health activities
1. Under no circumstances is punished by any person for the carrying out
health care operations that are in accordance with medical ethics, without
Regardless, for the benefit of that person, this activity is carried out.
2. the persons carrying out health activities, will not be forced to
perform acts or to carry out work that is not in accordance with the rules
medical ethics or other rules designed for the benefit of the wounded and
sick or with the provisions of this Protocol, or they will not be forced to
ensure that they did not perform the tasks that these rules and provisions require.
3. the Professional obligations of persons engaged in medical activities,
as regards the information they can get about the wounded and sick in the
their care, will be respected, subject to national law.
4. subject to the national law of the person shall not be punished in any way
executing health activities for it to refuse to provide or
that do not provide information about the wounded and sick who are, or have been in the
their care.
Article 11.
Protection of medical units and medical transport
1. Medical units and medical means of transport will always be
respected and protected and do not become the subject of attack.
2. the protection to which they are medical units and medical
the means of transport are entitled will be interrupted only if,
will be used for hostile acts, outside their humanitarian
Mission. However, the protection will be interrupted only when a warning will be issued,
which, if necessary, set a reasonable time limit, and only then, when
This warning will not be obeyed as they stand.
Article 12.
Distinguishing character
Under the supervision of the competent authority will be the medical and spiritual staff
as well as medical units and medical means of transport indicated by the
distinguishing feature of the Red Cross, Red Crescent or red
the lion and Sun on a white background. Will be respected in all conditions and
It will not be improperly used.
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. In order to
This protection is to be effective, it must be observed at all times
the following rules.
2. The civilian population as such, as well as individual civilians
shall not be subject to attack. Violent acts or threats of violence, whose
the main objective is to terrorize the civilian population, are prohibited.
3. Civilians shall enjoy the protection provided by this article, with the exception of
case, when directly participating in hostilities and for these actions.
Article 14.
Protection of the subjects necessary for the survival of the civilian population
It is prohibited to use the starvation of civilians as a method of warfare.
It is therefore prohibited to attack, destroy, remove objects or
depreciate the objects necessary for the survival of the civilian population, such as
are food supplies, agricultural areas for the production of food,
harvest, livestock, water supply facilities and water supply and
irrigation equipment.
Article 15.
Protection of buildings and installations containing dangerous forces
Construction or equipment containing dangerous forces, in particular the dam,
dams and nuclear power plants, shall not be subject to attack, even when they are
military objects, if such attack may cause the release of
dangerous forces and as a result, lead to serious loss of civil
to the population.
Article 16.
Protection of cultural objects and places of worship
Without prejudice to the provisions of the Hague Convention on the protection of cultural property in the
of armed conflict of 14. May 13, 1954, it is prohibited to perform any
hostile acts directed against historical monuments, works of art
or places for worship, which is the cultural and spiritual
the heritage of the Nations and will use it to support the military effort.
Article 17.
The prohibition of forced movement of civilians
1. For reasons related to the conflict may not be required
the movement of the civilian population if it does not require the security
the relevant civilian persons or the inevitable military reasons. If
such a transfer will have to be done, all measures shall be taken,
to ensure that the civilian population may be received at a designated place for
satisfactory conditions as regards accommodation, hygiene, health,
Security and nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons
related to the conflict.
Article 18.
Auxiliary and ancillary events
1. Supporting organizations that are located in the territory of the High Contracting
Parties, such as the Red Cross, Red Crescent,
Red Lion and Sun, may offer their services in order to carry out
their traditional functions in relation to the victims of armed conflict. Civil
the population may also on its own initiative to offer, that will gather
the wounded, sick and shipwrecked and that it will seek them out.
2. If the civilian population is suffering from excessive deprivation as a result of
lack of inventory necessary for its survival, such as food supply and
drugs will be subject to the consent of the High Contracting Parties
helper for action taken to the civilian population, which, however, are
exclusively humanitarian and impartial nature and which are conducted without any
negative difference.
Part V
Final provisions
Article 19.
The spread of
This Protocol shall be distributed in as far as possible.
Article 20.
The signature of the
This Protocol shall be open for signature by the parties to the Conventions six months after
the signature of the final act and will remain open for a period of 12 months.
Article 21.
The ratification of the
This Protocol shall be ratified as soon as possible. Ratification of the
shall be deposited with the Swiss Federal Council, depositary of the conventions.
Article 22.
Access
This Protocol shall be open for accession to any side of the conventions which it
did not sign. The instrument of accession shall be deposited with the depositary.
Article 23.
Entry into force of
1. this Protocol shall enter into force six months after the deposit of the two
instrument of ratification or instrument of accession.
2. For each party to the conventions, which ratifies the Protocol, or
Bulgaria shall take effect six months after the deposit of its
instrument of ratification or instrument of accession.
Of article 24.
Changes
1. Any High Contracting Party may propose amendments to this Protocol.
The text of the proposed changes will be sent to the depositary, which, after consultation with the
all High Contracting Parties and with the International Committee of the Red
Cross will decide whether it is necessary to convene a Conference to assess the proposed
changes.
2. the depositary shall invite to that Conference all the High Contracting Parties,
as well as the parties to the conventions regardless of whether you have signed this Protocol or
not.
Article 25.
Notice of termination
1. In the event that a high contracting party, this Protocol has denounced
termination of validity of only after the expiry of six months from the receipt of the instrument of
the testimony. However, if a meaningful page after six months
in the situation referred to in article 1, the denunciation shall not take effect before
the termination of the armed conflict. Persons who have been deprived of liberty or
whose freedom has been restricted for reasons related to the conflict,
they will, however, continue to benefit from the provisions of this Protocol to the
his final discharge.
2. The denunciation shall be notified in writing to the depositary, who shall send to all
The High Contracting Parties.
Article 26.
Notification
The depositary shall inform the High Contracting Parties, as well as the parties to the conventions
regardless of whether they are signatories of this Protocol or not:
about signatures) annexed to this Protocol and the deposit of instruments of ratification
instruments or of instruments of accession in accordance with articles 21 and 22;
(b)) of the date of entry into force of this Protocol in accordance with article 23;
(c) communications and declarations), received in accordance with article 24.
27.
Registration
1. after the entry into force of this Protocol will be sent to the depositary
the Secretariat of the United Nations for registration and publication in the
accordance with article 102 of the Charter of the United Nations.
2. the depositary shall also inform the Secretariat of the United
the Nations of all ratifications, and the approaches it has received in connection with
This Protocol.
Article 28.
Authentic texts
The original of this Protocol, of which the English, Arabic, Chinese,
French, Russian and Spanish text being equally authentic, shall be deposited with
the depositary, who shall send certified copies of it to all parties to the conventions.
