Key Benefits:
Original text
(Status on 18 July 2014)
The High Contracting Parties,
Recalling that the humanitarian principles enshrined in article 3 common to the Geneva Conventions of 12 August 1949 1 Constitute the basis of respect for the human person in the event of an armed conflict not of an international character,
Recalling also that international human rights instruments provide basic protection for the human person,
Stressing the need to ensure better protection for the victims of armed conflicts,
Recalling that, for cases not provided for by the law in force, the human person remains under the protection of the principles of humanity and the requirements of the public conscience,
Agreed to the following:
1. This Protocol, which develops and supplements art. 3 common to the Geneva Conventions of 12 August 1949 1 Without changing its current conditions of application, applies to all armed conflicts that are not covered by art. 1 of the Additional Protocol to the Geneva Conventions of 12 August 1949 on the Protection of Victims of International Armed Conflicts (Protocol I) 2 , and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or organised armed groups which, under the leadership of a responsible command, exercise over part of its territory Such monitoring as to enable them to conduct ongoing and concerted military operations and to implement this Protocol.
2. This Protocol shall not apply to situations of internal tensions, internal disturbances, such as riots, isolated and sporadic acts of violence and other similar acts, which are not considered to be armed conflicts.
(1) This Protocol shall apply without any distinction of adverse character based on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth Or any other situation, or other similar criteria (hereinafter referred to as "adverse differentiation") to all persons affected by armed conflict within the meaning of Article 1.
2. At the end of the armed conflict, all persons who have been the subject of deprivation or restriction of liberty on grounds relating to that conflict, as well as those who would be the subject of such measures after the conflict for the same Will benefit from the provisions of ss. 5 and 6 until the end of that deprivation or restriction of liberty.
Nothing in this Protocol shall be invoked in order to impair the sovereignty of a State or the responsibility of the Government to maintain or restore public order in the State or to defend national unity and integrity Of the State by all legitimate means.
2. Nothing in this Protocol shall be invoked as a justification for any direct or indirect intervention, for any reason, in an armed conflict or in the internal or external affairs of the High Party Contracting Party in whose territory this conflict occurs.
1. All persons who are not directly or no longer participating in hostilities, whether or not deprived of their liberty, have the right to respect for their person, honour, beliefs and religious practices. They shall in all circumstances be treated humanely, without any distinction of adverse character. It is forbidden to order that there are no survivors.
2. Without prejudice to the general character of the foregoing provisions, shall be and shall be prohibited at all times and in any place in respect of the persons referred to in s. 1:
3. Children will receive the care and assistance they need and, in particular:
1. In addition to the provisions of s. 4, the following provisions will be met at least in respect of persons deprived of their liberty for reasons relating to the armed conflict, whether they are internalized or detained:
2. Those responsible for the internment or detention of the persons referred to in s. 1 shall respect, to the extent of their means, the following provisions in respect of such persons:
(3) Persons who are not covered by paragraph 1 but whose liberty is limited in any way, for reasons relating to the armed conflict, shall be treated humanely in accordance with art. 4 and paras. 1 a, c, d and 2 b of this article.
4. If it is decided to release persons deprived of their liberty, the measures necessary to ensure the safety of those persons will be taken by those who decide to release them.
1. This Article applies to the prosecution and punishment of criminal offences in relation to the armed conflict.
2. No conviction shall be imposed or any punishment carried out against a person convicted of an offence without a prior trial by a court offering the essential guarantees of independence and impartiality. In particular:
3. A convicted person shall be informed, at the time of his conviction, of his rights of judicial and other recourse, as well as of the time limits in which they must be exercised.
4. The death penalty shall not be imposed on persons under the age of 18 at the time of the offence and shall not be executed against pregnant women and mothers of young children.
5. Upon cessation of hostilities, the authorities in power shall endeavour to grant the widest possible amnesty to persons who have taken part in the armed conflict or who have been deprived of their liberty for reasons relating to the armed conflict, They are internalized or detained.
1. All the injured, sick and shipwrecked, whether or not they have taken part in the armed conflict, will be respected and protected.
2. They shall, in all circumstances, be treated humanely and shall receive, as far as possible and within the shortest possible time, the medical care required by their condition. No distinction based on criteria other than medical will be made between them.
Whenever circumstances permit, and in particular after a commitment, all possible measures will be taken without delay to seek and collect the wounded, sick and shipwrecked, to protect them from looting and Ill-treatment and proper care, as well as to look for the dead, prevent them from being robbed and make them the last duties.
1. Health and religious personnel will be respected and protected. He will receive all available assistance in the performance of his duties and will not be required to perform duties incompatible with his or her humanitarian mission.
2. Health personnel will not be required to carry out their duties primarily for the benefit of anyone, except for medical reasons.
(1) No person shall be punished for having carried out an activity of a medical character in accordance with ethics, irrespective of the circumstances or beneficiaries of that activity.
2. A person engaged in a medical activity shall not be obliged to carry out any act or perform work which is contrary to ethics or other medical rules which protect the injured and the sick, or To the provisions of this Protocol, or to refrain from acts required by those rules or provisions.
3. The professional obligations of persons engaged in medical activities with regard to the information they may obtain on the injured and the patients treated by them will have to be respected subject to the legislation National.
4. Subject to national legislation, no person exercising a medical character may be punished in any way for refusing or refraining from providing information concerning the injured and Patients that she or she has treated or cared for.
1. Sanitary transport units and means shall at all times be respected and protected and shall not be subject to attack.
2. The protection of health units and means of transport will only be able to stop if they are used to commit hostile acts outside their humanitarian function. However, the protection will cease only after a summing warning, where appropriate, a reasonable period of time, will have no effect.
Under the control of the competent authority concerned, the distinctive sign of the red cross, red crescent or lion-and-red sun, on a white background, will be displayed by health and religious personnel, units and means of transport. It must be respected in all circumstances. It must not be misused.
1. The civilian population and the civilian population enjoy general protection against the dangers arising from military operations. In order to make this protection effective, the following rules will be observed in all circumstances.
2. Neither the civilian population as such nor the civilian population should be attacked. Acts or threats of violence are prohibited, the main purpose of which is to spread terror among the civilian population.
3. Civilian persons shall enjoy the protection afforded by this Title, unless they participate directly in the hostilities and during the period of such participation.
It is forbidden to use famine as a method of combat against civilians. It is therefore forbidden to attack, destroy, remove or put out of use for this purpose goods essential to the survival of the civilian population, such as foodstuffs and the agricultural areas which produce them, the Crops, livestock, drinking water facilities and supplies, and irrigation works.
Works of art or installations containing dangerous forces, namely dams, dykes and nuclear power plants, will not be subject to attack, even if they constitute military objectives, When such attacks can result in the release of these forces and, as a result, cause severe losses in the civilian population.
Subject to the provisions of the Hague Convention of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1 , it is forbidden to commit any act of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of the peoples and to use them in support of the military effort.
(1) The displacement of the civilian population shall not be ordered for reasons relating to the conflict except in cases where the security of civilians or mandatory military reasons so require. If such travel is to be carried out, all possible measures will be taken to ensure that the civilian population is met in satisfactory conditions of housing, sanitation, hygiene, safety and food.
2. Civilian persons may not be forced to leave their own territory for reasons relating to the conflict.
1. Emergency societies located in the territory of the High Contracting Party, such as Red Cross organizations (Red Cross, Lion-and-Soleil-Rouge), may offer their services in order to carry out their tasks To the victims of the armed conflict. The civilian population, even on its own, can offer to collect and care for the injured, the sick and the shipwrecked.
2. When the civilian population suffers from excessive deprivation due to lack of supplies essential to its survival, such as food and health supplies, relief measures for the civilian population, of character only Humanitarian and impartial and conducted without any adverse differentiation shall be undertaken with the consent of the High Contracting Party concerned.
This Protocol shall be circulated as widely as possible.
This Protocol shall be open for signature by the Parties to the Conventions six months after the signature of the Final Act and shall remain open for a period of twelve months.
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.
This Protocol shall be open for accession by any Party to the non-signatory Conventions of this Protocol. Instruments of accession shall be deposited with the depositary.
(1) This Protocol shall enter into force six months after the deposit of two instruments of ratification or accession.
2. For each Party to the Conventions which will ratify or accede to it at a later date, this Protocol shall enter into force six months after the deposit by that Party of its instrument of ratification or accession.
Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, who, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, shall decide whether to convene a conference to examine the Or the proposed amendments.
The depositary shall invite to this Conference the High Contracting Parties and the Parties to the Conventions, whether or not signatories to this Protocol.
In the event that a High Contracting Party denounces this Protocol, the denunciation shall not have effect until six months after receipt of the instrument of denunciation. If, however, at the expiration of six months, the reporting Party is in the situation referred to in Article 1, the denunciation shall take effect only at the end of the armed conflict. Persons who have been the subject of deprivation or restriction of liberty on grounds relating to this conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release.
(2) The denunciation shall be notified in writing to the depositary who shall inform all High Contracting Parties of that notification.
The depositary shall inform the High Contracting Parties and the Parties to the Conventions whether or not they are signatories to this Protocol:
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for the purposes of registration and publication, in accordance with art. 102 of the United Nations Charter 1 .
The depositary shall also inform the United Nations Secretariat of any ratifications and accessions it may receive concerning this Protocol.
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall send certified copies to all Parties to the Conventions.
(Suivent signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Afghanistan |
10 November |
2009 A |
10 May |
2010 |
South Africa |
21 November |
1995 A |
21 May |
1996 |
Albania |
July 16 |
1993 A |
16 January |
1994 |
Algeria |
August 16 |
1989 A |
February 16 |
1990 |
Germany * |
February 14 |
1991 |
August 14 |
1991 |
Antigua and Barbuda |
6 October |
1986 A |
April 6 |
1987 |
Saudi Arabia |
28 November |
2001 A |
28 May |
2002 |
Argentina * ** |
26 November |
1986 A |
26 May |
1987 |
Armenia |
7 June |
1993 A |
7 December |
1993 |
Australia |
21 June |
1991 |
21 December |
1991 |
Austria * |
13 August |
1982 |
13 February |
1983 |
Bahamas |
10 April |
1980 A |
10 October |
1980 |
Bahrain |
30 October |
1986 A |
April 30 |
1987 |
Bangladesh |
8 September |
1980 A |
8 March |
1981 |
Barbados |
19 February |
1990 A |
19 August |
1990 |
Belarus |
23 October |
1989 |
April 23 |
1990 |
Belgium |
20 May |
1986 |
20 November |
1986 |
Belize |
29 June |
1984 A |
29 December |
1984 |
Benin |
28 May |
1986 A |
28 November |
1986 |
Bolivia |
8 December |
1983 A |
8 June |
1984 |
Bosnia and Herzegovina |
31 December |
1992 S |
6 March |
1992 |
Botswana |
23 May |
1979 A |
23 November |
1979 |
Brazil |
5 May |
1992 A |
5 November |
1992 |
Brunei |
14 October |
1991 A |
April 14 |
1992 |
Bulgaria |
26 September |
1989 |
26 March |
1990 |
Burkina Faso |
20 October |
1987 |
20 April |
1988 |
Burundi |
10 June |
1993 A |
10 December |
1993 |
Cambodia |
14 January |
1998 A |
July 14 |
1998 |
Cameroon |
March 16 |
1984 A |
16 September |
1984 |
Canada * |
20 November |
1990 |
20 May |
1991 |
Cape Verde |
March 16 |
1995 A |
16 September |
1995 |
Chile |
24 April |
1991 |
24 October |
1991 |
China |
September 14 |
1983 A |
March 14 |
1984 |
Hong Kong A |
April 14 |
1999 |
1 Er July |
1997 |
Macao B |
May 31 |
1999 |
20 December |
1999 |
Cyprus |
18 March |
1996 A |
18 September |
1996 |
Colombia |
August 14 |
1995 A |
February 14 |
1996 |
Comoros |
21 November |
1985 A |
21 May |
1986 |
Congo (Brazzaville) |
10 November |
1983 A |
10 May |
1984 |
Congo, Kinshasa |
12 December |
2002 A |
12 June |
2003 |
Korea (South) |
15 January |
1982 |
July 15 |
1982 |
Costa Rica |
15 December |
1983 A |
15 June |
1984 |
Côte d' Ivoire |
September 20 |
1989 |
20 March |
1990 |
Croatia |
11 May |
1992 S |
8 October |
1991 |
Cuba |
23 June |
1999 A |
December 23 |
1999 |
Denmark |
17 June |
1982 |
17 December |
1982 |
Djibouti |
April 8 |
1991 A |
8 October |
1991 |
Dominica |
April 25 |
1996 A |
25 October |
1996 |
Egypt * |
9 October |
1992 |
April 9 |
1993 |
El Salvador |
23 November |
1978 |
23 May |
1979 |
United Arab Emirates |
March 9 |
1983 A |
9 September |
1983 |
Ecuador |
10 April |
1979 |
10 October |
1979 |
Spain |
April 21 |
1989 |
21 October |
1989 |
Estonia |
January 18 |
1993 A |
18 July |
1993 |
Ethiopia |
April 8 |
1994 A |
8 October |
1994 |
Fiji |
July 30 |
2008 A |
30 January |
2009 |
Finland |
7 August |
1980 |
7 February |
1981 |
France |
24 February |
1984 A |
August 24 |
1984 |
Gabon |
April 8 |
1980 A |
8 October |
1980 |
Gambia |
12 January |
1989 A |
July 12 |
1989 |
Georgia |
September 14 |
1993 A |
March 14 |
1994 |
Ghana |
28 February |
1978 |
7 December |
1978 |
Greece |
February 15 |
1993 A |
August 15 |
1993 |
Grenada |
23 September |
1998 A |
23 March |
1999 |
Guatemala |
19 October |
1987 |
19 April |
1988 |
Guinea |
July 11 |
1984 A |
11 January |
1985 |
Equatorial Guinea |
24 July |
1986 A |
24 January |
1987 |
Guinea-Bissau |
21 October |
1986 A |
April 21 |
1987 |
Guyana |
January 18 |
1988 A |
18 July |
1988 |
Haiti |
20 December |
2006 A |
20 June |
2007 |
Honduras |
February 16 |
1995 |
August 16 |
1995 |
Hungary |
12 April |
1989 |
12 October |
1989 |
Cook Islands |
7 May |
2002 A |
7 November |
2002 |
Ireland * |
19 May |
1999 |
19 November |
1999 |
Iceland |
10 April |
1987 |
10 October |
1987 |
Italy |
February 27 |
1986 |
August 27 |
1986 |
Jamaica |
July 29 |
1986 A |
29 January |
1987 |
Japan |
August 31 |
2004 A |
28 February |
2005 |
Jordan |
1 Er May |
1979 |
1 Er November |
1979 |
Kazakhstan |
5 May |
1992 S |
21 December |
1991 |
Kenya |
23 February |
1999 A |
August 23 |
1999 |
Kyrgyzstan |
18 September |
1992 S |
21 December |
1991 |
Kuwait |
17 January |
1985 A |
17 July |
1985 |
Laos |
18 November |
1980 |
18 May |
1981 |
Lesotho |
20 May |
1994 A |
20 November |
1994 |
Latvia |
24 December |
1991 A |
24 June |
1992 |
Lebanon |
July 23 |
1997 A |
23 January |
1998 |
Liberia |
30 June |
1988 A |
December 30 |
1988 |
Libya |
7 June |
1978 A |
7 December |
1978 |
Liechtenstein * |
10 August |
1989 |
10 February |
1990 |
Lithuania |
July 13 |
2000 A |
13 January |
2001 |
Luxembourg |
29 August |
1989 |
28 February |
1990 |
Macedonia |
1 Er September |
1993 S |
8 September |
1991 |
Madagascar |
8 May |
1992 |
8 November |
1992 |
Malawi |
7 October |
1991 A |
7 April |
1992 |
Maldives |
3 September |
1991 A |
3 March |
1992 |
Mali |
February 8 |
1989 A |
8 August |
1989 |
Malta * |
April 17 |
1989 A |
17 October |
1989 |
Morocco |
3 June |
2011 |
3 December |
2011 |
Mauritius |
22 March |
1982 A |
22 September |
1982 |
Mauritania |
March 14 |
1980 A |
September 14 |
1980 |
Micronesia |
19 September |
1995 A |
19 March |
1996 |
Moldova |
24 May |
1993 A |
24 November |
1993 |
Monaco |
7 January |
2000 A |
7 July |
2000 |
Mongolia |
6 December |
1995 |
6 June |
1996 |
Mozambique |
12 November |
2002 A |
12 May |
2003 |
Namibia |
18 October |
1983 A |
18 April |
1984 |
Nauru |
27 June |
2006 A |
27 December |
2006 |
Nicaragua |
19 July |
1999 |
19 January |
2000 |
Niger |
8 June |
1979 |
8 December |
1979 |
Nigeria |
10 October |
1988 A |
10 April |
1989 |
Norway |
14 December |
1981 |
14 June |
1982 |
New Zealand * C |
February 8 |
1988 |
8 August |
1988 |
Oman |
March 29 |
1984 A |
29 September |
1984 |
Uganda |
13 March |
1991 A |
13 September |
1991 |
Uzbekistan |
8 October |
1993 A |
April 8 |
1994 |
Palau |
25 June |
1996 A |
25 December |
1996 |
Panama |
18 September |
1995 |
18 March |
1996 |
Paraguay |
30 November |
1990 A |
30 May |
1991 |
Netherlands |
26 June |
1987 |
26 December |
1987 |
Aruba |
26 June |
1987 |
26 December |
1987 |
Curaçao |
26 June |
1987 |
26 December |
1987 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
26 June |
1987 |
26 December |
1987 |
Sint Maarten |
26 June |
1987 |
26 December |
1987 |
Peru |
July 14 |
1989 |
14 January |
1990 |
Philippines |
11 December |
1986 A |
11 June |
1987 |
Poland |
23 October |
1991 |
April 23 |
1992 |
Portugal |
27 May |
1992 |
27 November |
1992 |
Qatar |
5 January |
2005 A |
July 5 |
2005 |
Central African Republic |
17 July |
1984 A |
17 January |
1985 |
Dominican Republic |
26 May |
1994 A |
26 November |
1994 |
Czech Republic |
5 February |
1993 S |
1 Er January |
1993 |
Romania |
21 June |
1990 |
21 December |
1990 |
United Kingdom |
28 January |
1998 |
28 July |
1998 |
Akrotiri and Dhekelia |
July 2 |
2002 |
2 January |
2003 |
Anguilla |
July 2 |
2002 |
2 January |
2003 |
Bermuda |
July 2 |
2002 |
2 January |
2003 |
South Georgia and South Sandwich Islands |
July 2 |
2002 |
2 January |
2003 |
Guernsey |
15 June |
2011 |
15 December |
2011 |
Isle of Man |
15 June |
2011 |
15 December |
2011 |
Cayman Islands |
July 2 |
2002 |
2 January |
2003 |
Falkland Islands |
July 2 |
2002 |
2 January |
2003 |
Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn) |
July 2 |
2002 |
2 January |
2003 |
Turks and Caicos Islands |
July 2 |
2002 |
2 January |
2003 |
British Virgin Islands |
July 2 |
2002 |
2 January |
2003 |
Jersey |
7 January |
2013 |
7 July |
2013 |
Montserrat |
July 2 |
2002 |
2 January |
2003 |
St. Helena and Dependencies (Ascension and Tristan da Cunha) |
July 2 |
2002 |
2 January |
2003 |
British Antarctic Territory |
July 2 |
2002 |
2 January |
2003 |
British Indian Ocean Territory |
July 2 |
2002 |
2 January |
2003 |
Russia |
29 September |
1989 |
March 29 |
1990 |
Rwanda |
19 November |
1984 A |
19 May |
1985 |
Saint Lucia |
7 October |
1982 A |
7 April |
1983 |
Saint Kitts and Nevis |
February 14 |
1986 A |
August 14 |
1986 |
San Marino |
5 April |
1994 |
5 October |
1994 |
Holy See |
21 November |
1985 |
21 May |
1986 |
Saint Vincent and the Grenadines |
April 8 |
1983 A |
8 October |
1983 |
Solomon Islands |
19 September |
1988 A |
19 March |
1989 |
Samoa |
August 23 |
1984 A |
23 February |
1985 |
Sao Tome and Principe |
July 5 |
1996 A |
5 January |
1997 |
Senegal |
7 May |
1985 |
7 November |
1985 |
Serbia |
October 16 |
2001 S |
April 27 |
1992 |
Seychelles |
8 November |
1984 A |
8 May |
1985 |
Sierra Leone |
21 October |
1986 A |
April 21 |
1987 |
Slovakia |
2 April |
1993 S |
1 Er January |
1993 |
Slovenia |
26 March |
1992 S |
25 June |
1991 |
Sudan |
July 13 |
2006 A |
13 January |
2007 |
South Sudan |
25 January |
2013 A |
25 January |
2013 |
Sweden |
August 31 |
1979 |
29 February |
1980 |
Switzerland |
17 February |
1982 |
August 17 |
1982 |
Suriname |
16 December |
1985 A |
June 16 |
1986 |
Swaziland |
2 November |
1995 A |
2 May |
1996 |
Tajikistan |
13 January |
1993 S |
21 December |
1991 |
Tanzania |
February 15 |
1983 A |
August 15 |
1983 |
Chad |
17 January |
1997 A |
17 July |
1997 |
Timor-Leste |
12 April |
2005 A |
12 October |
2005 |
Togo |
21 June |
1984 |
21 December |
1984 |
Tonga |
20 January |
2003 A |
July 20 |
2003 |
Trinidad and Tobago |
July 20 |
2001 A |
20 January |
2002 |
Tunisia |
August 9 |
1979 |
February 9 |
1980 |
Turkmenistan |
10 April |
1992 S |
26 December |
1991 |
Ukraine |
25 January |
1990 |
July 25 |
1990 |
Uruguay |
13 December |
1985 A |
13 June |
1986 |
Vanuatu |
28 February |
1985 A |
August 28 |
1985 |
Venezuela |
July 23 |
1998 A |
23 January |
1999 |
Yemen |
April 17 |
1990 |
17 October |
1990 |
Zambia |
4 May |
1995 A |
4 November |
1995 |
Zimbabwe |
19 October |
1992 A |
19 April |
1993 |
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C The Protocol does not apply to Niue and Tokelau. |
1 Art. 1 al. 1 let. B of the AF of 9 Oct. 1981 (RS 518.52 )
2 RO 1982 1441, 1983 610, 1984 569, 1985 604, 1986 1444, 1987 1037, 1989 785, 1991 228 2066, 2005 1211, 2006 4695, 2009 3957, 2012 115, 2014 2413. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).