Protocol I
Additional to the Geneva Conventions of 12 August 1949,
       and Relating to the Protection of Victims
            of International Armed Conflicts



                              CONTENTS

PREAMBLE

                    PART I: GENERAL PROVISIONS

  Article 1  - General principles and scope of application
  Article 2  - Definitions
  Article 3  - Beginning and end of application
  Article 4  - Legal status of the Parties to the conflict
  Article 5  - Appointment of Protecting Powers and of their substitute
  Article 6  - Qualified persons
  Article 7  - Meetings

              PART II: WOUNDED, SICK AND SHIPWRECKED

SECTION I: GENERAL PROTECTION
  Article 8  - Terminology
  Article 9  - Field of application
  Article 10 - Protection and care
  Article 11 - Protection of persons
  Article 12 - Protection of medical units
  Article 13 - Discontinuance of protection of civilian medical units
  Article 14 - Limitations on requisition of civilian medical units
  Article 15 - Protection of civilian medical and religious personnel
  Article 16 - General protection of medical duties
  Article 17 - Role of the civilian population and of aid societies
  Article 18 - Identification
  Article 19 - Neutral and other States not Parties to the Conflict
  Article 20 - Prohibition of reprisals

SECTION II: MEDICAL TRANSPORTATION
  Article 21 - Medical vehicles
  Article 22 - Hospital ships and coastal rescue craft
  Article 23 - Other medical ships and craft
  Article 24 - Protection of medical aircraft
  Article 25 - Medical aircraft in areas not controlled by an adverse Party
  Article 26 - Medical aircraft in contact or similar zones
  Article 27 - Medical aircraft in areas controlled by an adverse Party
  Article 28 - Restrictions on operations of medical aircraft
  Article 29 - Notifications and agreements concerning medical aircraft
  Article 30 - Landing and inspection of medical aircraft
  Article 31 - Neutral or other States not Parties to the conflict

SECTION III: MISSING AND DEAD PERSONS
  Article 32 - General principle
  Article 33 - Missing persons
  Article 34 - Remains of deceased

                 PART III: METHODS AND MEANS OF WARFARE
                  COMBATENT AND PRISONER-OF-WAR STATUS

SECTION I: METHODS AND MEANS OF WARFARE
  Article 35 - Basic rules
  Article 36 - New weapons
  Article 37 - Prohibition of perfidy
  Article 38 - Recognized emblems
  Article 39 - Emblems of nationality
  Article 40 - Quarter
  Article 41 - Safeguard of an enemy hors de combat
  Article 42 - Occupants of aircraft

SECTION II: COMBATENT AND PRISONER-OF-WAR STATUS
  Article 43 - Armed forces
  Article 44 - Combatents and prisoners of war
  Article 45 - Protection of persons who have taken part in hostilities
  Article 46 - Spies
  Article 47 - Mercenaries

                     PART IV: CIVILIAN POPULATION

SECTION I: GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
Basic rule and field of application
  Article 48 - Basic rule
  Article 49 - Definition of attacks and scope of application

Civilians and civilian population
  Article 50 - Definition of civilians and civilian population
  Article 51 - Protection of the civilian population

Civilian objects
  Article 52 - General protection of civilian objects
  Article 53 - Protection of cultural objects and places of worship
  Article 54 - Protection of objects indispensible to the survivial of the
               civilian population
  Article 55 - Protection of the natural environment
  Article 56 - Protection of works and installations containing dangerous
               forces

Precautionary measures
  Article 57 - Precautions in attack
  Article 58 - Precautions against the effects of attacks

Localities and zones under special protection
  Article 59 - Non-defined localities
  Article 60 - Demilitarized zones

Civil defence
  Article 61 - Definitions and scope
  Article 62 - General protection
  Article 63 - Civil defence in occupied territories
  Article 64 - Civilian civil defence organizations of neutral or other
               States not Parties to the conflict and international 
               co-ordinating organizations
  Article 65 - Cessation of protection
  Article 66 - Identification
  Article 67 - Members of the armed forces and military units assigned to
               civil defence organizations

SECTION II: RELIEF IN FAVOR OF THE CIVILIAN POPULATION
  Article 68 - Field of application
  Article 69 - Basic needs in occupied territories
  Article 70 - Relief actions
  Article 71 - Personnel participating in relief actions

SECTION III: TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT
Field of application and protection of persons and objects
  Article 72 - Field of application
  Article 73 - Refugees and stateless persons
  Article 74 - Reunion of dispersed families
  Article 75 - Fundamental guarantees

Measures in favour of women and children
  Article 76 - Protection of women
  Article 77 - Protection of children
  Article 78 - Evacuation of children

Journalists
  Article 79 - Measures of protection for journalists

        PART V: EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL

SECTION I: GENERAL PROVISIONS
  Article 80 - Measures for execution
  Article 81 - Activities of the Red Cross and other humanitarian
               organizations
  Article 82 - Legal advisers in armed forces
  Article 83 - Dissemination
  Article 84 - Rules of application

SECTION II: REPRESSION OF BREACHES OF THE CONVENTION AND OF THIS PROTOCOL
  Article 85 - Repression of breaches of this Protocol
  Article 86 - Failure to act
  Article 87 - Duty of commanders
  Article 88 - Mutual assistance in criminal matters
  Article 89 - Co-operation
  Article 90 - International Fact-Finding Commission
  Article 91 - Responsibility


                     PART VI: FINAL PROVISIONS

  Article 92 - Signature
  Article 93 - Ratification
  Article 94 - Accession
  Article 95 - Entry into force
  Article 96 - Treaty relations upon entry into force of this Protocol
  Article 97 - Amendment
  Article 98 - Revision of Annex I
  Article 99 - Denunciation
  Article 100 - Notification
  Article 101 - Registration
  Article 102 - Authentic texts
 
 [Annexes I and II to Protocol I  - not included]



                                   PREAMBLE


     The High Contracting Parties,

     Proclaiming their earnest wish to see peace prevail among peoples,

     Recalling that every State has the duty, in conformity with the
Charter of the United Nations, to refrain in its internationaL relations
from the threat or use of force against the sovereienty, territorial
integrity or political independence of any State, or in any other manner
incongistent with the purposes of the United Nations,

     Believing it necessary nevertheless to reaffirm and develop the
provisions protecting the victims of armed conflicts and to supplement
measures intended to reinrorce their application,

     Expressing their conviction that nothing in this Protocol or in the
Geneva Conventions of 12 August 1949 can be construed as legitimizing or
authorizing any act of aggression or any other use of force inconsistent
with the Charter of the United Nations,

     Reaffirming further that the provisions of the Geneva Conventions of
12 August 1949 and of this Protocol must be fully applied in all
circumstances to all persons who are protected by those instruments,
without any adverse distinction based on the nature or origin of the armed
conrlict or on the causes espoused by or attributed to the Parties to the
conflict,

     Have agreed on the following:


                                     PART I

                               GENERAL PROVISIONS

Article 1 - General principles and scope of application

1. The High Contracting Parties undertake to respect and to ensure respect
for this Protocol in all circumstances.

2. In cases not covered by this Protocol or by other international
agreements, civilians and combatants remain under the protection and
authority of the principles of international law derived from established
custom, from the principles of humanity and from dictates of public
conscience.

3. This Protocol, which supplements the Geneva Conventions of 12 August
1949 for the protection of war victims, shall apply in the situations
referred to in Article 2 common to those Conventions.

4. The situations referred to in the preceding paragraph include armed
conflicts which peoples are fighting against colonial domination and alien
occupation and against racist regimes in the exercise of their right of
self-determination, as enshrined in the Charter of the United Nations and
the Declaration on Principles of International Law concerning Friendly
Relations and Co-operation among States in accordance with the Charter of
the United Nations.

Article 2 - Definitions

     For the purposes of this Protocol:

(a) "First Convention", "Second Conventionn", "Third Convention" and
"Fourth Convention" mean, respectively, the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of 12 August 1949; the Geneva Convention for the Amelioration of
the Condition of Wounded, Sick and Ship-wrecked Members of Armed Forces at
Sea of 12 August 1949; the Geneva Convention relative to the Treatment of
Prisoners of War of 12 August 1949; the Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949; "the
Conventions" means the four Geneva Conventions of 12 August 1949 for the
protection of war victims;

(b) "Rules of international law applicable in armed conflict" means the
rules applicable in armed conflict set forth in international agreements to
which the Parties to the conflict are Parties and the generally recognized
principles and rules of international law which are applicable to armed
conflict;

(c) "Protecting Power" means a neutral or other State not a Party to the
conflict which has been designated by a Party to the conflict and accepted
by the adverse Party and has agreed to carry out the functions assigned to
a Protecting Power under the Conventions and this Protocol;

(d) "Substitute" means an organization acting in place of a Protecting
Power in accordance with Article 5.

Article 3 - Beginning and end of application

     Without prejudice to the provisions which are applicable at all
times:

(a) the Conventions and this Protocol shall apply from the beginning of any
situation referred to in Article 1 of this Protocol.

(b) the application of the Conventions and of this Protocol shall cease, in
the territory of Parties to the conflict, on the general close of military
operations and, in the case of occupied territories, on the termination of
the occupation, except, in either circumstance, for those persons whose
final release, repatriation or re-establishment takes place thereafter.
These persons shall continue to benefit from the relevant provisions of the
Conventions and of this Protocol until their final release repatriation or
re-establishment.

ArticIe 4 - Legal status of the Parties to the conflict

     The application of the Conventions and of this Protocol, as well as
the conclusion of the agreements provided for therein, shall not affect the
legal status of the Parties to the conflict. Neither the occupation of a
territory nor the application of the Conventions and this Protocol shall
affect the legal status of the territory in question.

Article 5 - Appointment of Protecting Powers and of their substitute

1. It is the duty of the Parties to a conflict from the beginning of that
conflict to secure the supervision and implementation of the Conventions
and of this Protocol by the application of the system of Protecting Powers,
including inter alia the designation and acceptance of those Powers, in
accordance with the following paragraphs. Protecting Powers shall have the
duty of safeguarding the interests of the Parties to the conflict.

2. From the beginning of a situation referred to in Article 1, each Party
to the conflict shall without delay designate a Protecting Power for the
purpose of applying the Conventions and this Protocol and shall, likewise
without delay and for the same purpose, permit the activities or a
Protecting Power which has been accepted by it as such after designation by
the adverse Party.

3. If a Protecting Power has not been designated or accepted from the
beginning of a situation referred to in Article 1, the International
Committee of the Red Cross, without prejudice to the right of any other
impartial humanitarian organization to do likewise, shall offer its good
offices to the Parties to the conflict with a view to the designation
without delay of a Protecting Power to which the Parties to the conflict
consent. For that purpose it may inter alia ask each Party to provide it
with a list of at least five States which that Party considers acceptable
to act as Protecting Power on its behalf in relation to an adverse Party
and ask each adverse Party to provide a list or at least five States which
it would accept as the Protecting Power of the first Party; these lists
shall be communicated to the Committee within two weeks after the receipt
or the request; it shall compare them and seek the agreement of any
proposed State named on both lists.

4. If, despite the foregoing, there is no Protecting Power, the Parties to
the conflict shall accept without delay an offer which may be made by the
International Committee of the Red Cross or by any other organization which
offers all guarantees of impartiality and efficacy, after due consultations
with the said Parties and taking into account the result of these
consultations, to act as a substitute. The functioning of such a substitute
is subject to the consent of the Parties to the conflict; every effort
shall be made by the Parties to the conflict to facilitate the operations
of the substitute in the performance of its tasks under the Conventions and
this Protocol.

5. In accordance with Article 4, the designation and acceptance of
Protecting Powers for the purpose of applying the Conventions and this
Protocol shall not affect the legal status of the Parties to the conflict
or of any territory, including occupied territory.

6. The maintenance of diplomatic relations between Parties to the conflict
or the entrusting of the protection of a Party's interests and those of its
nationals to a third State in accordance with the rules of international
law relating to diplomatic relations is no obstacle to the designation of
Protecting Powers for the purpose of applying the Conventions and this
Protocol.

7. Any subsequent mention in this Protocol of a Protecting Power includes
also a substitute.

Article 6 - Qualified persons

1. The High Contracting Parties shall, also in peacetime, endeavour, with
the assistance of the national Red Cross (Red Crescent, Red Lion and Sun)
Societies, to train qualified personnel to facilitate the application of
the Conventions and of this Protocol, and in particular the activities of
the Protecting Powers.

2. The recruitment and training of such personnel are within domestic
jurisdiction.

3. The International Committee of the Red Cross shall hold at the disposal
of the High Contracting Parties the lists of persons so trained which the
High Contracting Parties may have established and may have transmitted to
it for that purpose.

4. The conditions governing the employment of such personnel outside the
national territory shall, in each case, be the subject of special
agreements between the Parties concerned.

Article 7 - Meetings

The depositary of this Protocol shall convene a meeting of the High
Contracting Parties, at the request of one or more of the said Parties and
upon, the approval of the majority of the said Parties, to consider general
problems concerning the application of the Conventions and of the Protocol.


                                 PART II

                     WOUNDED, SICK AND SHIPWRECKED

                    SECTION I : GENERAL PROTECTION


Article 8 - Terminology

For the purposes of this Protocol:

(1) "Wounded" and "sick" mean persons, whether military or civilian, who,
because of trauma, disease or other physical or mental disorder or
disability, are in need of medical assistance or care and who refrain from
any act of hostility. These terms also cover maternity cases, new-born
babies and other persons who may be in need of immediate medical assistance
or care, such as the infirm or expectant mothers, and who refrain from any
act of hostility;

(2) "Shipwrecked" means persons, whether military or civilian, who are in
peril at sea or in other waters as a result of misfortune affecting them or
the vessel or aircraft carrying them and who refrain from any act of
hostility. These persons, provided that they continue to refrain from any
act of hostility, shall continue to be considered shipwrecked during their
rescue until they acquire another status under the Conventions or this
Protocol;

(3) "Medical personnel" means those persons assigned, by a Party to the
conflict, exclusively to the medical purposes enumerated under (5) or to
the administration of medical units or to the operation or administration
of medical transports. Such assignments may be either permanent or
temporary. The term includes:

 (a) medical personnel of a Party to the conflict, whether military or
     civilian, including those described in the First and Second
     Conventions, and those assigned to civil defence organizations;

 (b) medical personnel of national Red Cross (Red Crescent, Red Lion and
     Sun) Societies and other national voluntary aid societies duly
     recognized and authorized by a Party to the conflict;

 (c) medical personnel or medical units or medical transports described in
     Article 9, paragraph 2.

(4) "Religious personnel" means military or civilian persons, such as
chaplains, who are exclusively engaged in the work of their ministry and
attached:

 (a) to the armed forces of a Party to the conflict;

 (b) to medical units or medical transports of a Party to the conflict;

 (c) to medical units or medical transports described in Article 9,
     Paragraph 2; or

 (d) to civil defence organizations of a Party to the conflict.

The attachment of religious personnel may be either permanent or temporary,
and the relevant provisions mentioned under (11) apply to them;

(5) "Medical units" means establishments and other units, whether military
or civilian, organized for medical purposes, namely the search for,
collection, transportation, diagnosis or treatment - including first-aid
treatment - of the wounded, sick and shipwrecked, or for the prevention of
disease. The term includes for example, hospitals and other similar units,
blood transfusion centres, preventive medicine centres and institutes,
medical depots and the medical and pharmaceutical stores of such units.
Medical units may be fixed or mobile, permanent or temporary;

(6) "Medical transportation" means the conveyance by land, water or air of
the wounded, sick, shipwrecked, medical personnel, religious personnel,
medical equipment or medical supplies protected by the Conventions and by
this Protocol;

(7) "Medical transports" means any means of transportation, whether
military or civilian, permanent or temporary, assigned exclusively to
medical transportation and under the control of a competent authority of a
Party to the conflict;

(8) "Medical vehicles" means any medical transports by land;

(9) "Medical ships and craft" means any medical transports by water;

(10) "Medical aircraft" means any medical transports by air;

(11) "Permanent medical personnel", "permanent medical units" and
"permanent medical transports" mean those assigned exclusively to medical
purposes for an indeterminate period. "Temporary medical personnel"
"temporary medical-units" and "temporary medical transports" mean those
devoted exclusively to medical purposes for limited periods during the
whole of such periods. Unless otherwise specified, the terms "medical
personnel", "medical units" and "medical transports" cover both permanent
and temporary categories;

(12) "Distinctive emblem" means the distinctive emblem of the red cross,
red crescent or red lion and sun on a white ground when used for the
protection of medical units and transports, or medical ana religious
personnel, equipment or supplies;

(13) "Distinctive signal" means any signal or message specified for the
identification exclusively of medical units or transports in Chapter III of
Annex I to this Protocol.
Article 9 - Field of application

1. This Part, the provisions of which are intended to ameliorate the
condition of the wounded, sick and shipwrecked, shall apply to all those
affected by a situation referred to in Article 1, without any adverse
distinction founded on race, colour, sex, language, religion or belief
political or other opinion, national or social origin, wealth, birth or
other status, or on any other similar criteria.

2. The relevant provisions of Articles 27 and 32 of the First Convention
shall apply to permanent medical units and transports (other than hospital
ships, to which Article 25 of the Second Convention applies) and their
personnel made available to a Party to the conflict for humanitarian
purposes:

 (a) by a neutral or other State which is not a Party to that conflict;

 (b) by a recognized and authorized aid society of such a State;

 (c) by an impartial international humanitarian organization.

Article 10 - Protection and care

1. All the wounded, sick and shipwrecked, to whichever Party they belong,
shall be respected and protected.

2. In all circumstances they shall be treated humanely and shall receive,
to the fullest extent practicable and with the least possible delay, the
medical care and attention required by their condition. There shall be no
distinction among them founded on any grounds other than medical ones.

Article 11 - Protection of persons

1. The physical or mental health and integrity of persons who are in the
power of the adverse Party or who are interned, detained or otherwise
deprived of liberty as a result of a situation referred to in Article 1
shall not be endangered by any unjustified act or omission. Accordingly, it
is prohibited to subject the persons described in this Article to any
medical procedure which is not indicated by the state of health of the
person concerned and which is not consistent with generally accepted
medical standards which would be applied under similar medical
circumstances to persons who are nationals of the Party conducting the
procedure and who are in no way deprived of liberty.

2. It is, in particular, prohibited to carry out on such persons, even with
their consent:

 (a) physical mutilations;

 (b) medical or scientific experiments;

 (c) removal of tissue or organs for transplantation, except where these
     acts are justified in conformity with the conditions provided for in
     paragraph 1.

3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the
case of donations of blood for transfusion or of skin for grafting,
provided that they are given voluntarily and without any coercion or
inducement, and then only for therapeutic purposes, under conditions
consistent with generally accepted medical standards and controls designed
for the benefit of both the donor and the recipient.

4. Any wilful act or omission which seriously endangers the physical or
mental health or integrity of any person who is in the power of a Party
other than the one on which he depends and which either violates any of the
prohibitions in paragraphs 1 and 2 or fails to comply with the requirements
of paragraph 3 shall be a grave breach of this Protocol.

5. The persons described in paragraph 1 have the right to refuse any
surgical operation. In case of refusal, medical personnel shall endeavour
to obtain a written statement to that effect, signed or acknowledged by the
patient.

6. Each Party to the conflict shall keep a medical record for every
donation of blood for transfusion or skin for grafting by persons referred
to in paragraph 1, if that donation is made under the responsibility of
that Party. In addition, each Party to the conflict shall endeavour to keep
a record of all medical procedures undertaken with respect to any person
who is interned, detained or otherwise deprived of liberty as a result of a
situation referred to in Article 1. These records shall be available at all
times for inspection by the Protecting Power.

Article 12 - Protection of medical units

1. Medical units shall be respected and protected at all times and shall
not be the object of attack.

2. Paragraph 1 shall apply to civilian medical units, provided that they:

 (a) belong to one of the Parties to the conflict;

 (b) are recognized and authorized by the competent authority of one of
     the Parties to the conflict; or

 (c) are authorized in conformity with Article 9, paragraph 2, of this
     Protocol or Article 27 of the First Convention.

3. The Parties to the conflict are invited to notify each other of the
location of their fixed medical units. The absence of such notification
shall not exempt any of the Parties from the obligation to comply with the
provisions of paragraph 1.

4. Under no circumstances shall medical units be used in an attempt to
shield military objectives from attack. Whenever possible, the Parties to
the conflict shall ensure that medical units are so sited that attacks
against military objectives do not imperil their safety.

Article 13 - Discontinuance of protection of civilian medical units

1. The protection to which civilian medical units are entitled shall not
cease unless they are used to commit, outside their humanitarian function,
acts harmful to the enemy. Protection may, however, cease only after a
warning has been given setting, whenever appropriate, a reasonable
time-limit, and after such warning has remained unheeded.

2. The following shall not be considered as acts harmful to the enemy:

 (a) that the personnel of the unit are equipped with light individual
     weapons for their own defence or for that of the wounded and sick in
     their charge;

 (b) that the unit is guarded by a picket or by sentries or by an escort;

 (c) that small arms and ammunition taken from the wounded and sick, and
     not yet handed to the proper service, are found in the units;

 (d) that members of the armed forces or other combatants are in the unit
     for medical reasons.
Article 14 - Limitations on requisition of civilian medical units

1. The Occupying Power has the duty to ensure that the medical needs of the
civilian population in occupied territory continue to be satisfied.

2. The Occupying Power shall not, therefore, requisition civilian medical
units, their equipment, their matériel or the services of their personnel,
so long as these resources are necessary for the provision of adequate
medical services for the civilian population and for the continuing medical
care of any wounded and sick already under treatment.

3. Provided that the general rule in paragraph 2 continues to be observed,
the Occupying Power may requisition the said resources, subject to the
following particular conditions:

 (a) that the resources are necessary for the adequate and immediate
     medical treatment of the wounded and sick members of the armed forces
     of the Occupying Power or of prisoners of war;

 (b) that the requisition continues only while such necessity exists; and

 (c) that immediate arrangements are made to ensure that the medical needs
     of the civilian population, as well as those of any wounded and sick
     under treatment who are affected by the requisition, continue to be
     satisfied.

Article 15 - Protection of civilian medical and religious personnel

1. Civilian medical personnel shall be respected and protected.

2. If needed, all available help shall be afforded to civilian medical
personnel in an area where civilian medical services are disrupted by
reason of combat activity.

3. The Occupying Power shall afford civilian medical personnel in occupied
territories every assistance to enable them to perform, to the best of
their ability, their humanitarian functions. The Occupying Power may not
require that, in the performance of those functions, such personnel shall
give priority to the treatment of any person except on medical grounds.
They shall not be compelled to carry out tasks which are not compatible
with their humanitarian mission.

4. Civilian medical personnel shall have access to any place where their
services are essential, subject to such supervisory and safety measures as
the relevant Party to the conflict may deem necessary.

5. Civilian religious personnel shall be respected and protected. The
provisions of the Conventions and of this Protocol concerning the
protection and identification of medical personnel shall apply equally to
such persons.

Article 16 - General protection of medical duties

1. Under no circumstances shall any person be punished for carrying out
medical activities compatible with medical ethics, regardless of the person
benefiting therefrom.

2. Persons engaged in medical activities shall not be compelled to perform
acts or to carry out work contrary to the rules of medical ethics or to
other medical rules designed for the benefit of the wounded and sick or to
the provisions of the Conventions or of this Protocol, or to refrain from
performing acts or from carrying out work required by those rules and
provisions.

3. No person engaged in medical activities shall be compelled to give to
anyone belonging either to an adverse Party, or to his own Party except as
required by the law of the latter Party, any information concerning the
wounded and sick who are, or who have been, under his care, if such
information would, in his opinion, prove harmful to the patients concerned
or to their families. Regulations for the compulsory notification of
communicable diseases shall, however, be respected.

Article 17 - Role of the civilian population and of aid societies

1. The civilian population shall respect the wounded, sick and shipwrecked,
even if they belong to the adverse Party, and shall commit no act of
violence against them. The civilian population and aid societies, such as
national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be
permitted, even on their own initiative, to collect and care for the
wounded, sick and shipwrecked, even in invaded or occupied areas. No one
shall be harmed, prosecuted, convicted or punished for such humanitarian
acts.

2. The Parties to the conflict may appeal to the civilian population and
the aid societies referred to in paragraph 1 to collect and care for the
wounded, sick and shipwrecked, and to search for the dead and report their
location; they shall grant both protection and the necessary facilities to
those who respond to this appeal. If the adverse Party gains or regains
control of the area, that Party also shall afford the same protection and
facilities for as long as they are needed.

Article 18 - Identification

1. Each Party to the conflict shall endeavour to ensure that medical and
religious personnel and medical units and transports are identifiable.

2. Each Party to the conflict shall also endeavour to adopt and to
implement methods and procedures which will make it possible to recognize
medical units and transports which use the distinctive emblem and
distinctive signals.

3. In occupied territory and in areas where fighting is taking place or is
likely to take place, civilian medical personnel and civilian religious
personnel should be recognizable by the distinctive emblem and an identity
card certifying their status.

4. With the consent of the competent authority, medical units and
transports shall be marked by the distinctive emblem. The ships and craft
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 distinctive emblem, a Party to the conflict may, as
provided in Chapter III of Annex I to this Protocol, authorize the use of
distinctive signals to identify medical units and transports.
Exceptionally, in the special cases covered in that Chapter, medical
transports may use distinctive signals without displaying the distinctive
emblem.

6. The application of the provisions of paragraphs 1 to 5 of this article
is governed by Chapters I to III of Annex I to this Protocol. Signals
designated in Chapter III of the Annex for the exclusive use of medical
units and transports shall not, except as provided therein, be used for any
purpose other than to identify the medical units and transports specified
in that Chapter.

7. This article does not authorize any wider use of the distinctive emblem
in peacetime than is prescribed in Article 44 of the First Convention.

8. The provisions of the Conventions and of this Protocol relating to
supervision of the use of the distinctive emblem and to the prevention and
repression of any misuse thereof shall be applicable to distinctive
signals.

Article 19 - Neutral and other States not Parties to the conflict

Neutral and other States not Parties to the conflict shall apply the
relevant provisions of this Protocol to persons protected by this Part who
may be received or interned within their territory, and to any dead of the
Parties to that conflict whom they may find.

Article 20 - Prohibition of reprisals

Reprisals against the persons and objects protected by this Part are
prohibited.


                              SECTION II

                        MEDICAL TRANSPORTATION

Article 21 - Medical vehicles

Medical vehicles shall 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 relating to:

 (a) vessels described in Articles 22, 24, 25 and 27 of the Second
     Convention,

 (b) their lifeboats and small craft,

 (c) their personnel and crews, and

 (d) the wounded; sick and shipwrecked on board.

shall also apply where these vessels carry civilian wounded, sick and
shipwrecked who do not belong to any of the categories mentioned in Article
13 of the Second Convention. Such civilians shall not, however, be subject
to surrender to any Party which is not their own, or to capture at sea. If
they find themselves in the power of a Party to the conflict other than
their own they shall be covered by the Fourth Convention and by this
Protocol.

2. The protection provided by the Conventions to vessels described in
Article 25 of the Second Convention shall extend to hospital ships made
available for humanitarian purposes to a Party to the conflict:

 (a) by a neutral or other State which is not a Party to that conflict; or

 (b) by an impartial international humanitarian organization,

provided that, in either case, the requirements set out in that Article are
complied with.

3. Small craft described in Article 27 of the Second Convention shall be
protected, even if the notification envisaged by that Article has not been
made. The Parties to the conflict are, nevertheless, invited to inform each
other of any details of such craft which will facilitate their
identification and recognition.
Article 23 - Other medical ships and craft

1. Medical ships and craft other than those referred to in Article 22 of
this Protocol and Article 38 of the Second Convention shall, whether at sea
or in other waters, be respected and protected in the same way as mobile
medical units under the Conventions and this Protocol. Since this
protection can only be effective if they can be identified and recognized
as medical ships or craft, such vessels should be marked with the
distinctive emblem and as far as possible comply with the second paragraph
of Article 43 of the Second Convention.

2. The ships and craft referred to in paragraph 1 shall remain subject to
the laws of war. Any warship on the surface able immediately to enforce its
command may order them to stop, order them off, or make them take a certain
course, and they shall obey every such command. Such ships and craft may
not in any other way be diverted from their medical mission so long as they
are needed for the wounded, sick and shipwrecked on board.

3. The protection provided in paragraph 1 shall cease only under the
conditions set out in Articles 34 and 35 of the Second Convention. A clear
refusal to obey a command given in accordance with paragraph 2 shall be an
act harmful to the enemy under Article 34 of the Second Convention.

4. A Party to the conflict may notify any adverse Party as far in advance
of sailing as possible of the name, description, expected time of sailing,
course and estimated speed of the medical ship or craft, particularly in
the case of ships of over 2,000 gross tons, and may provide any other
information which would facilitate identification and recognition. The
adverse Party shall acknowledge receipt of such information.

5. The provisions of Article 37 of the Second Convention shall apply to
medical and religious personnel in such ships and craft.

6. The provisions of the Second Convention shall apply to the wounded, sick
and shipwrecked belonging to the categories referred to in Article 13 of
the Second Convention and in Article 44 of this Protocol who may be on
board such medical ships and craft. Wounded, sick and shipwrecked civilians
who do not belong to any or the categories mentioned in Article 13 of the
Second Convention shall not be subject, at sea, either to surrender to any
Party which is not their own, or to removal from such ships or craft; if
they find themselves in the power of a Party to the conflict other than
their own, they shall be covered by the Fourth Convention and by this
Protocol.

Article 24 - Protection of medical Aircraft

Medical aircraft shall be respected and protected, subject to the
provisions of this Part.

Article 25 - Medical aircraft in areas not controlled by an adverse Party 

In and over land areas physically controlled by friendly forces, or in and
over sea areas not physically controlled by an adverse Party, the respect
and protection of medical aircraft of a Party to the conflict is not
dependent on any agreement with an adverse Party. For greater safety,
however, a Party to the conflict operating its medical aircraft in these
areas may notify the adverse Party, as provided in Article 29, in
particular when such aircraft are making flights bringing them within range
of surface-to-air weapons systems of the adverse Party.

Article 26 - Medical aircraft in contact or similar zones

1. ln and over those parts of the contact zone which are physically
controlled by friendly forces and in and over those areas the physical
control of which is not clearly established, protection for medical
aircraft can be fully effective only by prior agreement between the
competent military authorities of the Parties to the conflict, as provided
for in Article 29. Although, in the absence of such an agreement, medical
aircraft operate at their own risk, they shall nevertheless be respected
after they have been recognized as such.

2. "Contact zone" means any area on land where the forward elements of
opposing forces 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 an adverse Party

1. The medical aircraft of a Party to the conflict shall continue to be
protected while flying over land or sea areas physically controlled by an
adverse Party, provided that prior agreement to such flights has been
obtained from the competent authority of that adverse Party.

2. A medical aircraft which flies over an area physically controlled by an
adverse Party without, or in deviation from the terms of, an agreement
provided for in paragraph 1, either through navigational error or because
of an emergency affecting the safety of the flight, shall make every effort
to identify itself and to inform the adverse Party of the circumstances. As
soon as such medical aircraft has been recognized by the adverse Party,
that Party shall make all reasonable efforts to give the order to land or
to alight on water, referred to in Article 30, paragraph 1, or to take
other measures to safeguard its own interests, and, in either case, to
allow the aircraft time for compliance, before resorting to an attack
against the aircraft.

Article 28 - Restrictions on operations of medical aircraft

1. The Parties to the conflict are prohibited from using their medical
aircraft to attempt to acquire any military advantage over an adverse
Party. The presence of medical aircraft shall not be used in an attempt to
render military objectives immune from attack.

2. Medical aircraft shall not be used to collect or transmit intelligence
data and shall not carry any equipment intended for such purposes. They are
prohibited from carrying any persons or cargo not included within the
definition in Article 8 (6). The carrying on board of the personal effects
of the occupants or of equipment intended solely to facilitate navigation,
communication or identification shall not be considered as prohibited,

3. Medical aircraft shall not carry any armament except small arms and
ammunition taken from the wounded, sick and shipwrecked on board and not
yet handed to the proper service, and such light individual weapons as may
be necessary to enable the medical personnel on board to defend themselves
and the wounded, sick and shipwrecked in their charge.

4. While carrying out the flights referred to in Articles 26 and 27,
medical aircraft shall not, except by prior agreement with the adverse
Party, be used to search for the wounded, sick and shipwrecked.

Article 29 - Notifications and agreements concerning medical aircraft

1. Notifications under Article 25, or requests for prior agreement under
Articles 26, 27, 28, paragraph 4, or 31 shall state the proposed number of
medical aircraft, their flight plans and means of identification, and shall
be understood to mean that every flight will be carried out in compliance
with Article 28.

2. A Party which receives a notification given under Article 25 shall at
once acknowledge receipt of such notification.
3. A Party which receives a request for prior agreement under Articles 25,
27, 28, paragraph 4, or 31 shall, as rapidly as possible, notify the
requesting Party:

 (a) that the request is agreed to;

 (b) that the request is denied; or

 (c) of reasonable alternative proposals to the request. It may also
     propose prohibition or restriction of other flights in the area
     during the time involved. If the Party which submitted the request
     accepts the alternative proposals, it shall notify the other Party of
     such acceptance.

4. The Parties shall take the necessary measures to ensure that
notifications and agreements can be made rapidly.

5. The Parties shall also take the necessary measures to disseminate
rapidly the substance of any such notifications and agreements to the
military units concerned and shall instruct those units regarding the means
of identification that will be used by the medical aircraft in question.

Article 30 - Landing and inspection of medical aircraft

1. Medical aircraft flying over areas which are physically controlled by an
adverse Party, or over areas the physical control of which is not clearly
established, may be ordered to land or to alight on water, as appropriate,
to permit inspection in accordance with the following paragragraphs [sic].
Medical aircraft shall obey any such order.

2. If such an aircraft lands or alights on water, whether ordered to do so
or for other reasons, it may be subjected to inspection solely to determine
the matters referred to in paragraphs 3 and 4. Any such inspection shall be
commenced without delay and shall be conducted expeditiously. The
inspecting Party shall not require the wounded and sick to be removed from
the aircraft unless their removal is essential for the inspection. That
Party shall in any event ensure that the condition of the wounded and sick
is not adversely affected by the inspection or by the removal.

3. If the inspection discloses that the aircraft:

 (a) is a medical aircraft within the meaning of Article 8 (10),

 (b) is not in violation of the conditions prescribed in Article 28, and

 (c) has not flown without or in breach of a prior agreement where such
     agreement is required,

the aircraft and those of its occupants who belong to the adverse Party or
to a neutral or other State not a Party to the conflict shall be authorized
to continue the flight without delay.

4. If the inspection discloses that the aircraft:

 (a) is not a medical aircraft within the meaning of Article 8 (10),

 (b) is in violation or the conditions prescribed in Article 28, or

 (c) has flown without or in breach of a prior agreement where such
     agreement is required,

the aircraft may be seized. Its occupants shall be treated in conformity
with the relevant provisions of the Conventions and of this Protocol. Any
aircraft seized which had been assigned as a permanent medical aircraft may
be used thereafter only as a medical aircraft.

Article 31 - Neutral or other States not Parties to the conflict

1. Except by prior agreement, medical aircraft shall not fly over or land
in the territory of a neutral or other State not a Party to the conflict.
However, with such an agreement, they shall be respected throughout their
flight and also for the duration of any calls in the territory.
Nevertheless they shall obey any summons to land or to alight on water, as
appropriate.


2. Should a medical aircraft, in the absence of an agreement or in
deviation from the terms of an agreement, fly over the territory of a
neutral or other State not a Party to the conflict, either through
navigational error or because of an emergency affecting the safety of the
flight, it shall make every effort to give notice of the flight and to
identify itself. As soon as such medical aircraft is recognized, that State
shall make all reasonable efforts to give the order to land or to alight on
water referred to in Article 30, paragraph 1, or to take other measures to
safeguard its own interests, and, in either case, to allow the aircraft
time for compliance, before resorting to an attack against the aircraft.

3. If a medical aircraft, either by agreement or in the circumstances
mentioned in paragraph 2, lands or alights on water in the territory of a
neutral or other State not Party to the conflict, whether ordered to do so
or for other reasons, the aircraft shall be subject to inspection for the
purposes of determining whether it is in fact a medical aircraft. The
inspection shall be commenced without delay and shall be conducted
expeditiously. The inspecting Party shall not require the wounded and sick
of the Party operating the aircraft to be removed from it unless their
removal is essential for the inspection. The inspecting Party shall in any
event ensure that the condition of the wounded and sick is not adversely
affected by the inspection or the removal. If the inspection discloses that
the aircraft is in fact a medical aircraft, the aircraft with its
occupants, other than those who must be detained in accordance with the
rules of international law applicable in armed conflict, shall be allowed
to resume its flight, and reasonable facilities shall be given for the
continuation of the flight. If the inspection discloses that the aircraft
is not a medical aircraft, it shall be seized and the occupants treated in
accordance with paragraph 4.

4. The wounded, sick and shipwrecked disembarked, otherwise than
temporarily, from a medical aircraft with the consent of the local
authorities in the territory of a neutral or other State not a Party to the
conflict shall, unless agreed otherwise between that State and the Parties
to the conflict, be detained by that State where so required by the rules
of international law applicable in armed conflict, in such a manner that
they cannot again take part in the hostilities. The cost of hospital
treatment and internment shall be borne by the State to which those persons
belong.

5. Neutral or other States not Parties to the conflict shall apply any
conditions and restrictions on the passage of medical aircraft over, or on
the landing of medical aircraft in, their territory equally to all Parties
to the conflict.


                            SECTION III

                     MISSING AND DEAD PERSONS

Article 32 - General principle

In the implementation of this Section, the activities of the High
Contracting Parties, of the Parties to the conflict and of the
international humanitarian organizations mentioned in the Conventions and
in this Protocol shall be prompted mainly by the right of families to know
the fate of their relatives.

Article 33 - Missing persons

1. As soon as circumstances permit, and at the latest from the end of
active hostilities, each Party to the conflict shall search for the persons
who have been reported missing by an adverse Party. Such adverse Party
shall transmit all relevant information concerning such persons in order to
facilitate such searches.

2. In order to facilitate the gathering of information pursuant to the
preceding paragraph, each Party to the conflict shall, with respect to
persons who would not receive more favourable consideration under the
Conventions and this Protocol:

 (a) record the information specified in Article 138 of the Fourth
     Convention in respect of such persons who have been detained,
     imprisoned or otherwise held in captivity for more than two weeks as
     a result of hostilities or occupation, or who have died during any
     period of detention;

 (b) to the fullest extent possible, facilitate and, if need be, carry out
     the search for and the recording of information concerning such
     persons if they have died in other circumstances as a result of
     hostilities or occupation.

3. Information concerning persons reported missing pursuant to paragraph 1
and requests for such information shall be transmitted either directly or
through the Protecting Power or the Central Tracing Agency of the
International Committee of the Red Cross or national Red Cross (Red
Crescent, Red Lion and Sun) Societies. Where the information is not
transmitted through the International Committee of the Red Cross and its
Central Tracing Agency, each Party to the conflict shall ensure that such
information is also supplied to the Central Tracing Agency.

4. The Parties to the conflict shall endeavour to agree on arrangements for
teams to search for, identify and recover the dead from battlefield areas,
including arrangements, if appropriate, for such teams to be accompanied by
personnel of the adverse Party while carrying out these missions in areas
controlled by the adverse Party. Personnel of such teams shall be respected
and protected while exclusively carrying out these duties.

Article 34 - Remains of deceased

1. The remains of persons who have died for reasons related to occupation
or in detention resulting from occupation or hostilities and those or
persons not nationals of the country in which they have died as a result of
hostilities shall be respected, and the gravesites of all such persons
shall be respected, maintained and marked as provided for in Article 130 of
the Fourth Convention, where their remains or gravesites would not receive
more favourable consideration under the Conventions and this Protocol.

2. As soon as circumstances and the relations between the adverse Parties
permit, the High Contracting Parties in whose territories graves and, as
the case may be, other locations of the remains of persons who have died as
a result of hostilities or during occupation or in detention are situated,
shall conclude agreements in order:

 (a) to facilitate access to the gravesites by relatives of the deceased
     and by representatives of official graves registration services and
     to regulate the practical arrangements for such access;

 (b) to protect and maintain such gravesites permanently;

 (c) to facilitate the return of the remains of the deceased and of
     personal effects to the home country upon its request or, unless that
     country objects, upon the request of the next of kin.

3. In the absence of the agreements provided for in paragraph 2 (b) or (c)
and if the home country or such deceased is not willing to arrange at its
expense for the maintenance of such gravesites, the High Contracting Party
in whose territory the gravesites are situated may offer to facilitate the
return of the remains of the deceased to the home country. Where such an
offer has not been accepted the High Contracting Party may, after the
expiry of five years from the date of the offer and upon due notice to the
home country, adopt the arrangements laid down in its own laws relating to
cemeteries and graves.

4. A High Contracting Party in whose territory the grave sites referred to
in this Article are situated shall be permitted to exhume the remains only:

 (a) in accordance with paragraphs 2 (c) and 3, or

 (b) where exhumation is a matter or overriding public necessity,
     including cases of medical and investigative necessity, in which case
     the High Contracting Party shall at all times respect the remains,
     and shall give notice to the home country or its intention to exhume
     the remains together with details of the intended place of
     reinterment.


                              PART III

                    METHODS AND MEANS OF WARFARE

                COMBATANT AND PRISONER-OF-WAR STATUS


               SECTION I : METHODS AND MEANS OF WARFARE


Article 35 - Basic rules

1. In any armed conflict, the right of the Parties to the conflict to
choose methods or means of warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods
of warfare of a nature to cause superfluous injury or unnecessary
suffering.

3. It is prohibited to employ methods or means of warfare which are
intended, or may be expected, to cause widespread, long-term and severe
damage to the natural environment.

Article 36 - New weapons

In the study, development, acquisition or adoption of a new weapon, means
or method of warfare, a High Contracting Party is under an obligation to
determine whether its employment would, in some or all circumstances, be
prohibited by this Protocol or by any other rule of international law
applicable to the High Contracting Party.

Article 37 - Prohibition of Perfidy

1. It is prohibited to kill, injure or capture an adversary by resort to
perfidy. Acts inviting the confidence of an adversary to lead him to
believe that he is entitled to, or is obliged to accord, protection under
the rules of international law applicable in armed conflict, with intent to
betray that confidence, shall constitute perfidy. The following acts are
examples of perfidy:

 (a) the feigning of an intent to negotiate under a flag of truce or of a
     surrender;

 (b) the feigning of an incapacitation by wounds or sickness;


 (c) the feigning of civilian, non-combatant status; and

 (d) the feigning of protected status by the use of signs, emblems or
     uniforms of the United Nations or of neutral or other States not
     Parties to the conflict.

2. Ruses of war are not prohibited. Such ruses are acts which are intended
to mislead an adversary or to induce him to act recklessly but which
infringe no rule of international law applicable in armed conflict and
which are not perfidious because they do not invite the confidence of an
adversary with respect to protection under that law. The following are
examples of such ruses: the use of camouflage, decoys, mock operations and
misinformation.

Article 38 - Recognized emblems

1. It is prohibited to make improper use of the distinctive emblem of the
red cross, red crescent or red lion and sun or of other emblems, signs or
signals provided for by the Conventions or by this Protocol. It is also
prohibited to misuse deliberately in an armed conflict other
internationally recognized protective emblems, signs or signals, including
the flag of truce, and the protective emblem of cultural property.

2. It is prohibited to make use of the distinctive emblem of the United
Nations, except as authorized by that Organization.

Article 39 - Emblems of nationality

1. It is prohibited to make use in an armed conflict of the flags or
military emblems, insignia or uniforms of neutral or other States not
Parties to the conflict.

2. It is prohibited to make use of the flags or military emblems, insignia
or uniforms of adverse Parties while engaging in attacks or in order to
shield, favour, protect or impede military operations.

3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect
the existing generally recognized rules of international law applicable to
espionage or to the use of flags in the conduct of armed conflict at sea.

Article 40 - Quarter

It is prohibited to order that there shall be no survivors, to threaten an
adversary therewith or to conduct hostilities on this basis.

Article 41 - Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances should be
recognized to be hors de combat shall not be made the object of attack.

2. A person is hors de combat if:
 (a) he is in the power of an adverse Party;

 (b) he clearly expresses an intention to surrender; or

 (c) he has been rendered unconscious or is otherwise incapacitated by
     wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and
does not attempt to escape.

3. When persons entitled to protection as prisoners of war have fallen into
the power or an adverse Party under unusual conditions of combat which
prevent their evacuation as provided for in Part III, Section I, of the
Third Convention, they shall be released and all feasible precautions shall
be taken to ensure their safety.

Article 42 - Occupants of aircraft

1. No person parachuting from an aircraft in distress shall be made the
object of attack during his descent.

2. Upon reaching the ground in territory controlled by an adverse Party, a
person who has parachuted from an aircraft in distress shall be given an
opportunity to surrender before being made the object of attack, unless it
is apparent that he is engaging in a hostile act.

3. Airborne troops are not protected by this Article.


                               SECTION II

                COMBATANT AND PRISONER-OF-WAR STATUS

Article 43 - Armed forces

1. The armed forces of a Party to a conflict consist of all organized armed
forces, groups and units which are under a command responsible to that
Party for the conduct or its subordinates, even if that Party is
represented by a government or an authority not recognized by an adverse
Party. Such armed forces shall be subject to an internal disciplinary
system which, inter alia, shall enforce compliance with the rules of
international law applicable in armed conflict.

2. Members of the armed forces of a Party to a conflict (other than medical
personnel and chaplains covered by Article 33 of the Third Convention) are
combatants, that is to say, they have the right to participate directly in
hostilities.

3. Whenever a Party to a conflict incorporates a paramilitary or armed law
enforcement agency into its armed forces it shall so notify the other
Parties to the conflict.

Article 44 - Combatants and prisoners of war

1. Any combatant, as defined in Article 43, who falls into the power of an
adverse Party shall be a prisoner of war.

2. While all combatants are obliged to comply with the rules of
international law applicable in armed conflict, violations of these rules
shall not deprive a combatant of his right to be a combatant or, if he
falls into the power of an adverse Party, of his right to be a prisoner of
war, except as provided in paragraphs 3 and 4.

3. In order to promote the protection of the civilian population from the
effects of hostilities, combatants are obliged to distinguish themselves
from the civilian population while they are engaged in an attack or in a
military operation preparatory to an attack. Recognizing, however, that
there are situations in armed conflicts where, owing to the nature of the
hostilities an armed combatant cannot so distinguish himself, he shall
retain his status as a combatant, provided that, in such situations, he
carries his arms openly:

 (a) during each military engagement, and

 (b) during such time as he is visible to the adversary while he is
     engaged in a military deployment preceding the launching of an attack
     in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be
considered as perfidious within the meaning of Article 37, paragraph 1 (c).

4. A combatant who falls into the power of an adverse Party while failing
to meet the requirements set forth in the second sentence of paragraph 3
shall forfeit his right to be a prisoner of war, but he shall,
nevertheless, be given protections equivalent in all respects to those
accorded to prisoners of war by the Third Convention and by this Protocol.
This protection includes protections equivalent to those accorded to
prisoners of war by the Third Convention in the case where such a person is
tried and punished for any offences he has committed.

5. Any combatant who falls into the power of an adverse Party while not
engaged in an attack or in a military operation preparatory to an attack
shall not forfeit his rights to be a combatant and a prisoner of war by
virtue of his prior activities .

6. This Article is without prejudice to the right of any person to be a
prisoner of war pursuant to Article 4 of the Third Convention.

7. This Article is not intended to change the generally accepted practice
of States with respect to the wearing of the uniform by combatants assigned
to the regular, uniformed armed units of a Party to the conflict.

8. In addition to the categories of persons mentioned in Article 13 of the
First and Second Conventions, all members of the armed forces of a Party to
the conflict, as defined in Article 43 of this Protocol, shall be entitled
to protection under those Conventions if they are wounded or sick or, in
the case of the Second Convention, shipwrecked at sea or in other waters.

Article 45 - Protection of persons who have taken part in hostilities

1. A person who takes part in hostilities and falls into the power of an
adverse Party shall be presumed to be a prisoner of war, and therefore
shall be protected by the Third Convention, if he claims the status of
prisoner of war, or if he appears to be entitled to such status, or if the
Party on which he depends claims such status on his behalf by notification
to the detaining Power or to the Protecting Power. Should any doubt arise
as to whether any such person is entitled to the status of prisoner of war,
he shall continue to have such status and, therefore, to be protected by
the Third Convention and this Protocol until such time as his status has
been determined by a competent tribunal.

2. If a person who has fallen into the power of an adverse Party is not
held as a prisoner of war and is to be tried by that Party for an offence
arising out of the hostilities, he shall have the right to assert his
entitlement to prisoner-of-war status before a judicial tribunal and to
have that question adjudicated. Whenever possible under the applicable
procedure, this adjudication shall occur before the trial for the offence.
The representatives of the Protecting Power shall be entitled to attend the
proceedings in which that question is adjudicated, unless, exceptionally,
the proceedings are held in camera in the interest of State security. In
such a case the detaining Power shall advise the Protecting Power
accordingly.

3. Any person who has taken part in hostilities, who is not entitled to
prisoner-of-war status and who does not benefit from more favourable
treatment in accordance with the Fourth Convention shall have the right at
all times to the protection of Article 75 of this Protocol. In occupied
territory, any such person, unless he is held as a spy, shall also be
entitled, notwithstanding Article 5 of the Fourth Convention, to his rights
of communication under that Convention.

Article 46 - Spies

1. Notwithstanding any other provision of the Conventions or of this
Protocol, any member of the armed forces of a Party to the conflict who
falls into the power of an adverse Party while engaging in espionage shall
not have the right to the status of prisoner of war and may be treated as a
spy.

2. A member of the armed forces of a Party to the conflict who, on behalf
of that Party and in territory controlled by an adverse Party, gathers or
attempts to gather information shall not be considered as engaging in
espionage if, while so acting, he is in the uniform of his armed forces.

3. A member of the armed forces of a Party to the conflict who is a
resident of territory occupied by an adverse Party and who, on behalf of
the Party on which he depends, gathers or attempts to gather information of
military value within that territory shall not be considered as engaging in
espionage unless he does so through an act of false pretences or
deliberately in a clandestine manner. Moreover, such a resident shall not
lose his right to the status of prisoner of war and may not be treated as a
spy unless he is captured while engaging in espionage.

4. A member of the armed forces of a Party to the conflict who is not a
resident of territory occupied by an adverse Party and who has engaged in
espionage in that territory shall not lose his right to the status of
prisoner of war and may not be treated as a spy unless he is captured
before he has rejoined the armed forces to which he belongs.

Article 47 - Mercenaries

1. A mercenary shall not have the right to be a combatant or a prisoner of
war.

2. A mercenary is any person who:

 (a) is specially recruited locally or abroad in order to fight in an
     armed conflict;

 (b) does, in fact, take a direct part in the hostilities;

 (c) is motivated to take part in the hostilities essentially by the
     desire for private gain and, in fact, is promised, by or on behalf of
     a Party to the conflict, material compensation substantially in
     excess of that promised or paid to combatants of similar ranks and
     functions in the armed forces of that Party;

 (d) is neither a national of a Party to the conflict nor a resident of
     territory controlled by a Party to the conflict;

 (e) is not a member of the armed forces of a Party to the conflict; and

 (f) has not been sent by a State which is not a Party to the conflict on
     official duty as a member of its armed forces.


                             PART IV

                       CIVILIAN POPULATION


    SECTION I : GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES



                            Chapter I

                BASIC RULE AND FIELD OF APPLICATION


Article 48 - Basic rule

In order to ensure respect for and protection of the civilian population
and civilian objects, the Parties to the conflict shall at all times
distinguish between the civilian population and combatants and between
civilian objects and military objectives and accordingly shall direct their
operations only against military objectives.

Article 49 - Definition of attacks and scope of application

1. "Attacks" means acts of violence against the adversary, whether in
offence or in defence.

2. The provisions of this Protocol with respect to attacks apply to all
attacks in whatever territory conducted, including the national territory
belonging to a Party to the conflict but under the control of an adverse
Party.

3. The provisions of this section apply to any land, air or sea warfare
which may affect the civilian population, individual civilians or civilian
objects on land. They further apply to all attacks from the sea or from the
air against objectives on land but do not otherwise affect the rules of
international law applicable in armed conflict at sea or in the air.

4. The provisions of this section are additional to the rules concerning
humanitarian protection contained in the Fourth Convention, particularly in
part II thereof, and in other international agreements binding upon the
High Contracting Parties, as well as to other rules of international law
relating to the protection of civilians and civilian objects on land, at
sea or in the air against the effects of hostilities.


                              Chapter II

                  CIVILIANS AND CIVILIAN POPULATION


Article 50 - Definition of civilians and civilian population

1. A civilian is any person who does not belong to one of the categories of
persons referred to in Article 4 (A) (1), (2), (3) and (6) of the Third
Convention and in Article 43 of this Protocol. In case of doubt whether a
person is a civilian, that person shall be considered to be a civilian.

2. The civilian population comprises all persons who are civilians.

3. The presence within the civilian population of individuals who do not
come within the definition of civilians 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 dangers arising from military operations. To give effect
to this protection, the following rules, which are additional to other
applicable rules of international law, shall be observed in all
circumstances.

2. The civilian population as such, as well as individual civilians, shall
not be the object of attack. Acts or threats of violence the primary
purpose of which is to spread terror among the civilian population are
prohibited.

3. Civilians shall enjoy the protection afforded by this section, unless
and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

 (a) those which are not directed at a specific military objective;

 (b) those which employ a method or means of combat which cannot be
     directed at a specific military objective; or

 (c) those which employ a method or means of combat the effects of which
     cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military
objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as
indiscriminate:

 (a) an attack by bombardment by any methods or means which treats as a
     single military objective a number of clearly separated and distinct
     military objectives located in a city, town, village or other area
     containing a similar concentration of civilians or civilian objects;
     and

 (b) an attack which may be expected to cause incidental loss of civilian
     life, injury to civilians, damage to civilian objects, or a
     combination thereof, which would be excessive in relation to the
     concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals
are prohibited.

7. The presence or movements of the civilian population or individual
civilians shall not be used to render certain points or areas immune from
military operations, in particular in attempts to shield military
objectives from attacks or to shield, favour or impede military operations.
The Parties to the conflict shall not direct the movement of the civilian
population or individual civilians in order to attempt to shield military
objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the
conflict from their legal obligations with respect to the civilian
population and civilians, including the obligation to take the
precautionary 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 objectives as
defined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In so far as
objects are concerned, military objectives are limited to those objects
which by their nature, location, purpose or use make an effective
contribution to military action and whose total or partial destruction,
capture or neutralization, in the circumstances ruling at the time, offers
a definite military advantage.

3. In case of doubt whether an object which is normally dedicated to
civilian purposes, such as a place of worship, a house or other dwelling or
a school, is being used to make an effective contribution to military
action, it shall be presumed not to be so used.

Article 53 - Protection of cultural objects and of places of worship

Without prejudice to the provisions of the Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict of 14 May
1954, and of other relevant international instruments, it is prohibited:

 (a) to commit any acts of hostility directed against the historic
     monuments, works of art or places of worship which constitute the
     cultural or spiritual heritage of peoples;

 (b) to use such objects in support of the military effort;

 (c) to make such objects the object of reprisals.

Article 54 - Protection of objects indispensable to the survival of the
civilian population

1. Starvation of civilians as a method of warfare is prohibited.

2. It is prohibited to attack, destroy, remove or render useless objects
indispensable to the survival of the civilian population, such as
food-stuffs, agricultural areas for the production of food-stuffs, crops,
livestock, drinking water installations and supplies and irrigation works,
for the specific purpose of denying them for their sustenance value to the
civilian population or to the adverse Party, whatever the motive, whether
in order to starve out civilians, to cause them to move away, or for any
other motive.

3. The prohibitions in paragraph 2 shall not apply to such of the objects
covered by it as are used by an adverse Party:

 (a) as sustenance solely for the members of its armed forces; or

 (b) if not as sustenance, then in direct support of military action,
     provided, however, that in no event shall actions against these
     objects be taken which may be expected to leave the civilian
     population with such inadequate food or water as to cause its
     starvation or force its movement.

4. These objects shall not be made the object of reprisals.

5. In recognition of the vital requirements of any Party to the conflict in
the defence of its national territory against invasion, derogation from the
prohibitions contained in paragraph 2 may be made by a Party to the
conflict within such territory under its own control where required by
imperative military necessity.

Article 55 - Protection of the natural environment

1. Care shall be taken in warfare to protect the natural environment
against widespread, long-term and severe damage. This protection includes a
prohibition of the use of methods or means of warfare which are intended or
may be expected to cause such damage to the natural environment and thereby
to prejudice the health or survival of the population.


2. Attacks against the natural environment by way of reprisals are
prohibited.

Article 56 - Protection of works and installations containing dangerous
forces

1. Works or installations containing dangerous forces, namely dams, dykes
and nuclear electrical generating stations, shall not be made the object of
attack, even where these objects are military objectives, if such attack
may cause the release of dangerous forces and consequent severe losses
among the civilian population. Other military objectives located at or in
the vicinity of these works or installations shall not be made the object
of attack if such attack may cause the release of dangerous forces from the
works or installations and consequent severe losses among the civilian
population.

2. The special protection against attack provided by paragraph 1 shall
cease:

 (a) for a dam or a dyke only if it is used for other than its normal
     function and in regular, significant and direct support of military
     operations and if such attack is the only feasible way to terminate
     such support;

 (b) for a nuclear electrical generating station only if it provides
     electric power in regular, significant and direct support of military
     operations and if such attack is the only feasible way to terminate
     such support;

 (c) for other military objectives located at or in the vicinity of these
     works or installations only if they are used in regular, significant
     and direct support of military operations and if such attack is the
     only feasible way to terminate such support.

3. In all cases, the civilian population and individual civilians shall
remain entitled to all the protection accorded them by international law,
including the protection of the precautionary measures provided for in
Article 57. If the protection Ceases and any of the works, installations or
military objectives mentioned in paragraph 1 is attacked, all practical
precautions shall be taken to avoid the release of the dangerous forces.

4. It is prohibited to make any of the works, installations or military
objectives mentioned in paragraph 1 the object of reprisals.

5. The Parties to the conflict shall endeavour to avoid locating any
military objectives in the vicinity of the works or installations mentioned
in paragraph 1. Nevertheless, installations erected for the sole purpose of
defending the protected works or installations from attack are permissible
and shall not themselves be made the object of attack, provided that they
are not used in hostilities except for defensive actions necessary to
respond to attacks against the protected works or installations and that
their armament is limited to weapons capable only of repelling hostile
action against the protected works or installations.

6. The High Contracting Parties and the Parties to the conflict are urged
to conclude further agreements among themselves to provide additional
protection for objects containing dangerous forces.

7. In order to facilitate the identification of the objects protected by
this article, the Parties to the conflict may mark them with a special sign
consisting of a group of three bright orange circles placed on the same
axis, as specified in Article 16 of Annex I to this Protocol. The absence
of such marking in no way relieves any Party to the conflict of its
obligations under this Article.


                              Chapter IV

                        PRECAUTIONARY MEASURES


Article 57 - Precautions in attack

1. In the conduct of military operations, constant care shall be taken to
spare the civilian population, civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken:

 (a) those who plan or decide upon an attack shall:

     (i)  do everything feasible to verify that the objectives to be
          attacked are neither civilians nor civilian objects and are not
          subject to special protection but are military objectives
          within the meaning of paragraph 2 of Article 52 and that it is
          not prohibited by the provisions of this Protocol to attack
          them;

     (ii) take all feasible precautions in the choice of means and
          methods of attack with a view to avoiding, and in any event to
          minimizing, incidental loss or civilian life, injury to
          civilians and damage to civilian objects;

   (iii)  refrain from deciding to launch any attack which may be
          expected to cause incidental loss of civilian life, injury to
          civilians, damage to civilian objects, or a combination
          thereof, which would be excessive in relation to the concrete
          and direct military advantage anticipated;

 (b) an attack shall be cancelled or suspended if it becomes apparent that
     the objective is not a military one or is subject to special
     protection or that the attack may be expected to cause incidental
     loss of civilian life, injury to civilians, damage to civilian
     objects, or a combination thereof, which would be excessive in
     relation to the concrete and direct military advantage anticipated;

 (c) effective advance warning shall be given of attacks which may affect
     the civilian population, unless circumstances do not permit.

3. When a choice is possible between several military objectives for
obtaining a similar military advantage, the objective to be selected shall
be that the attack on which may be expected to cause the least danger to
civilian lives and to civilian objects.

4. In the conduct of military operations at sea or in the air, each Party
to the conflict shall, in conformity with its rights and duties under the
rules of international law applicable in armed conflict, take all
reasonable precautions to avoid losses of civilian lives and damage to
civilian objects.

5. No provision of this article may be construed as authorizing any attacks
against the civilian population, civilians or civilian objects.


Article 58 - Precautions against the effects of attacks

The Parties to the conflict shall, to the maximum extent feasible:

 (a) without prejudice to Article 49 of the Fourth Convention, endeavour
     to remove the civilian population, individual civilians and civilian
     objects under their control from the vicinity of military objectives;

 (b) avoid locating military objectives within or near densely populated
     areas;

 (c) take the other necessary precautions to protect the civilian
     population, individual civilians and civilian objects under their
     control against the dangers resulting from military operations.


                              Chapter V

            LOCALITIES AND ZONES UNDER SPECIAL PROTECTION

Article 59 - Non-defended localities

1. It is prohibited for the Parties to the conflict to attack, by any means
whatsoever, non-defended localities.

2. The appropriate authorities of a Party to the conflict may declare as a
non-defended locality any inhabited place near or in a zone where armed
forces are in contact which is open for occupation by an adverse Party.
Such a locality shall fulfil the following conditions:

 (a) all combatants, as well as mobile weapons and mobile military
     equipment must have been evacuated;

 (b) no hostile use shall be made of fixed military installations or
     establishments;

 (c) no acts of hostility shall be committed by the authorities or by the
     population; and

 (d) no activities in support of military operations shall be undertaken.

3. The presence, in this locality, of persons specially protected under the
Conventions and this Protocol, and of police forces retained for the sole
purpose of maintaining law and order, is not contrary to the conditions
laid down in paragraph 2.

4. The declaration made under paragraph 2 shall be addressed to the adverse
Party and shall define and describe, as precisely as possible, the limits
of the non-defended locality. The Party to the conflict to which the
declaration is addressed shall acknowledge its receipt and shall treat the
locality as a non-defended locality unless the conditions laid down in
paragraph 2 are not in fact fulfilled, in which event it shall immediately
so inform the Party making the declaration. Even if the conditions laid
down in paragraph 2 are not fulfilled, the locality shall continue to enjoy
the protection provided by the other provisions of this Protocol and the
other rules of international law applicable in armed conflict.

5. The Parties to the conflict may agree on the establishment of
non-defended localities even if such localities do not fulfil the
conditions laid down in paragraph 2. The agreement should define and
describe, as precisely as possible, the limits of the non-defended
locality; if necessary, it may lay down the methods of supervision.

6. The Party which is in control of a locality governed by such an
agreement shall mark it, so far as possible, by such signs as may be agreed
upon with the other Party, which shall be displayed where they are clearly
visible, especially on its perimeter and limits and on highways.

7. A locality loses its status as a non-defended locality when its ceases
to fulfil the conditions laid down in paragraph 2 or in the agreement
referred to in paragraph 5. In such an eventuality, the locality shall
continue to enjoy the protection provided by the other provisions of this
Protocol and the other rules of international law applicable in armed
conflict.

Article 60 - Demilitarized zones

1. It is prohibited for the Parties to the conflict to extend their
military operations to zones on which they have conferred by agreement the
status of demilitarized zone, if such extension is contrary to the terms of
this agreement.

2. The agreement shall be an express agreement, may be concluded verbally
or in writing, either directly or through a Protecting Power or any
impartial humanitarian organization, and may consist of reciprocal and
concordant declarations. The agreement may be concluded in peacetime, as
well as after the outbreak of hostilities, and should define and describe,
as precisely as possible, the limits of the demilitarized zone and, if
necessary, lay down the methods of supervision.

3. The subject of such an agreement shall normally be any zone which
fulfils the following conditions:

 (a) all combatants, as well as mobile weapons and mobile military
     equipment, must have been evacuated;

 (b) no hostile use shall be made of fixed military installations or
     establishments;

 (c) no acts of hostility shall be committed by the authorities or by the
     population; and

 (d) any activity linked to the military effort must have ceased.

The Parties to the conflict shall agree upon the interpretation to be given
to the condition laid down in subparagraph (d) and upon persons to be
admitted to the demilitarized zone other than those mentioned in paragraph
4.

4. The presence, in this zone, of persons specially protected under the
Conventions and this Protocol, and of police forces retained for the sole
purpose of maintaining law and order, is not contrary to the conditions
laid down in paragraph 3.

5. The Party which is in control of such a zone shall mark it, so far as
possible, by such signs as may be agreed upon with the other Party, which
shall be displayed where they are clearly visible, especially on its
perimeter and limits and on highways.

6. If the fighting draws near to a demilitarized zone, and if the Parties
to the conflict have so agreed, none of them may use the zone for purposes
related to the conduct of military operations or unilaterally revoke its
status.

7. If one of the Parties to the conflict commits a material breach of the
provisions of paragraphs 3 or 6, the other Party shall be released from its
obligations under the agreement conferring upon the zone the status of
demilitarized zone. In such an eventuality, the zone loses its status but
shall continue to enjoy the protection provided by the other provisions of
this Protocol and the other rules of international law applicable in armed
conflict.

                               Chapter VI

                              CIVIL DEFENCE

Article 61 - Definitions and scope

For the purpose of this Protocol:

(1) "Civil defence" means the performance of some or all of the
undermentioned humanitarian tasks intended to protect the civilian
population against the dangers, and to help it to recover from the
immediate effects, of hostilities or disasters and also to provide the
conditions necessary for its survival. These tasks are:

 (a) warning;

 (b) evacuation;

 (c) management of shelters;

 (d) management of blackout measures;

 (e) rescue;

 (f) medical services, including first aid, and religious assistance;

 (g) fire-fighting;

 (h) detection and marking of danger areas;

 (i) decontamination and similar protective measures;

 (j) provision of emergency accommodation and supplies;

 (k) emergency assistance in the restoration and maintenance of order in
     distressed areas;

 (l) emergency repair of indispensable public utilities;

 (m) emergency disposal of the dead;

 (n) assistance in the preservation of objects essential for survival;

 (o) complementary activities necessary to carry out any of the tasks
     mentioned above, including, but not limited to, planning and
     organization;

(2) "Civil defence organizations" means those establishments and other
units which are organized or authorized by the competent authorities of a
Party to the conflict to perform any of the tasks mentioned under (1), and
which are assigned and devoted exclusively to such tasks;
(3) "Personnel" of civil defence organizations means those persons assigned
by a Party to the conflict exclusively to the performance of the tasks
mentioned under (1), including personnel assigned by the competent
authority of that Party exclusively to the administration of these
organizations;

(4) "Matériel" of civil defence organizations means equipment, supplies and
transports used by these organizations for the performance of the tasks
mentioned under (1).

Article 62 - General protection

1. Civilian civil defence organizations and their personnel shall be
respected and protected, subject to the provisions of this Protocol,
particularly the provisions of this section. They shall be entitled to
perform their civil defence tasks except in case of imperative military
necessity.

2. The provisions of paragraph 1 shall also apply to civilians who,
although not members of civilian civil defence organizations, respond to an
appeal from the competent authorities and perform civil defence tasks under
their control.

3. Buildings and matériel used for civil defence purposes and shelters
provided for the civilian population are covered by Article 52. Objects
used for civil defence purposes may not be destroyed or diverted from their
proper use except by the Party to which they belong.

Article 63 - Civil defence in occupied territories

1. In occupied territories, civilian civil defence organizations shall
receive from the authorities the facilities necessary for the performance
of their tasks. In no Circumstances shall their personnel be compelled to
perform activities which would interfere with the proper performance of
these tasks. The Occupying Power shall not change the structure or
personnel of such organizations in any way which might jeopardize the
efficient performance of their mission. These organizations shall not be
required to give priority to the nationals or interests of that Power.

2. The Occupying Power shall not compel, coerce or induce civilian civil
defence organizations to perform their tasks in any manner prejudicial to
the interests of the civilian population.

3. The Occupying Power may disarm civil defence personnel for reasons of
security.

4. The Occupying Power shall neither divert from their proper use nor
requisition buildings or matériel belonging to or used by civil defence
organizations if such diversion or requisition would be harmful to the
civilian population.

5. Provided that the general rule in paragraph 4 continues to be observed,
the Occupying Power may requisition or divert these resources, subject to
the following particular conditions:

 (a) that the buildings or matériel are necessary for other needs of the
     civilian population; and

 (b) that the requisition or diversion continues only while such necessity
     exists.

6. The Occupying Power shall neither divert nor requisition shelters
provided for the use of the civilian population or needed by such
population.
Article 64 -   Civilian civil defence organizations of neutral or other
               States not Parties to the conflict and international
               co-ordinating organizations

1.   Articles 62, 63, 65 and 66 shall also apply to the personnel and
matériel of civilian civil defence organizations of neutral or other States
not Parties to the conflict which perform civil defence tasks mentioned in
Article 61 in the territory of a Party to the conflict, with the consent
and under the control of that Party. Notification of such assistance shall
be given as soon as possible to any adverse Party concerned. In no
circumstances shall this activity be deemed to be an interference in the
conflict. This activity should, however, be performed with due regard to
the security interests of the Parties to the conflict concerned.

2. The Parties to the conflict receiving the assistance referred to in
paragraph 1 and the High Contracting Parties granting it should facilitate
international co-ordination of such civil defence actions when appropriate.
In such cases the relevant international organizations are covered by the
provisions of this Chapter.

3. In occupied territories, the Occupying Power may only exclude or
restrict the activities of civilian civil defence organizations of neutral
or other States not Parties to the conflict and of international
co-ordinating organizations if it can ensure the adequate performance of
civil defence tasks from its own resources or those of the occupied
territory.

Article 65 - Cessation of protection

1. The protection to which civilian civil defence organizations, their
personnel, buildings, shelters and matériel are entitled shall not cease
unless they commit or are used to commit, outside their proper tasks, acts
harmful to the enemy. Protection may, however, cease only after a warning
has been given setting, whenever appropriate, a reasonable time-limit, and
after such warning has remained unheeded.

2. The following shall not be considered as acts harmful to the enemy:

 (a) that civil defence tasks are carried out under the direction or
     control of military authorities;

 (b) that civilian civil defence personnel co-operate with military
     personnel in the performance of civil defence tasks, or that some
     military personnel are attached to civilian civil defence
     organizations;

 (c) that the performance of civil defence tasks may incidentally benefit
     military victims, particularly those who are hors de combat.

3. It shall also not be considered as an act harmful to the enemy that
civilian civil defence personnel bear light individual weapons for the
purpose of maintaining order or for self-defence. However, in areas where
land fighting is taking place or is likely to take place, the Parties to
the conflict shall undertake the appropriate measures to limit these
weapons to handguns, such as pistols or revolvers, in order to assist in
distinguishing between civil defence personnel and combatants. Although
civil defence personnel bear other light individual weapons in such areas,
they shall nevertheless be respected and protected as soon as they have
been recognized as such.

4. The formation of civilian civil defence organizations along military
lines, and compulsory service in them, shall also not deprive them of the
protection conferred by this Chapter.

Article 66 - Identification

1. Each Party to the conflict shall endeavour to ensure that its civil
defence organizations, their personnel, buildings and matériel, are
identifiable while they are exclusively devoted to the performance of civil
defence tasks. Shelters provided for the civilian population should be
similarly identifiable.

2. Each Party to the conflict shall also endeavour to adopt and implement
methods and procedures which will make it possible to recognize civilian
shelters as well as civil defence personnel, buildings and matériel on
which the international distinctive sign of civil defence is displayed.

3. In occupied territories and in areas where fighting is taking place or
is likely to take place, civilian civil defence personnel should be
recognizable by the international distinctive sign of civil defence and by
an identity card certifying their status.

4. The international distinctive sign of civil defence is an equilateral
blue triangle on an orange ground when used for the protection of civil
defence organizations, their personnel, buildings and matériel and for
civilian shelters.

5. In addition to the distinctive sign, Parties to the conflict may agree
upon the use of distinctive signals for civil defence identification
purposes.

6. The application of the provisions of paragraphs 1 to 4 is governed by
Chapter V of Annex I to this Protocol.

7. In time of peace, the sign described in paragraph 4 may, with the
consent of the competent national authorities, be used for civil defence
identification purposes.

8. The High Contracting Parties and the Parties to the conflict shall take
the measures necessary to supervise the display of the international
distinctive sign of civil defence and to prevent and repress any misuse
thereof.

9. The identification of civil defence medical and religious personnel,
medical units and medical transports is also governed by Article 18.

Article 67 -   Members of the armed forces and military units assigned
               to civil defence organizations

1. Members of the armed forces and military units assigned to civil defence
organizations shall be respected and protected, provided that:

 (a) such personnel and such units are permanently assigned and
     exclusively devoted to the performance of any of the tasks mentioned
     in Article 61;

 (b) if so assigned, such personnel do not perform any other military
     duties during the conflict;

 (c) such personnel are clearly distinguishable from the other members of
     the armed forces by prominently displaying the international
     distinctive sign of civil defence, which shall be as large as
     appropriate, and such personnel are provided with the identity card
     referred to in Chapter V of Annex I to this Protocol certifying their
     status;

 (d) such personnel and such units are equipped only with light individual
     weapons for the purpose of maintaining order or for self-defence. The
     provisions of Article 65, paragraph 3 shall also apply in this case;

 (e) such personnel do not participate directly in hostilities, and do not
     commit, or are not used to commit, outside their civil defence tasks,
     acts harmful to the adverse Party

 (f) such personnel and such units perform their civil defence tasks only
     within the national territory of their Party.

The non-observance of the conditions stated in (e) above by any member of
the armed forces who is bound by the conditions prescribed in (a) and (b)
above is prohibited.

2. Military personnel serving within civil defence organizations shall, if
they fall into the power of an adverse Party, be prisoners of war. In
occupied territory they may, but only in the interest of the civilian
population of that territory, be employed on civil defence tasks in so far
as the need arises, provided however that, if such work is dangerous, they
volunteer for such tasks.

3. The buildings and major items of equipment and transports of military
units assigned to civil defence organizations shall be clearly marked with
the international distinctive sign of civil defence. This distinctive sign
shall be as large as appropriate.

4. The matériel and buildings of military units permanently assigned to
civil defence organizations and exclusively devoted to the performance of
civil defence tasks shall, if they fall into the hands of an adverse Party,
remain subject to the laws of war. They may not be diverted from their
civil defence purpose so long as they are required for the performance of
civil defence tasks, except in case of imperative military necessity,
unless previous arrangements have been made for adequate provision for the
needs of the civilian population.


                               SECTION II

               RELIEF IN FAVOUR OF THE CIVILIAN POPULATION


Article 68 - Field of application

The provisions of this Section apply to the civilian population as defined
in this Protocol and are supplementary to 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 duties specified in Article 55 of the Fourth
Convention concerning food and medical supplies, the Occupying Power shall,
to the fullest extent of the means available to it and without any adverse
distinction, also ensure the provision of clothing, bedding, means of
shelter, other supplies essential to the survival of the civilian
population of the occupied territory and objects necessary for religious
worship.

2. Relief actions for the benefit of the civilian population of occupied
territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111
of the Fourth Convention, and by Article 71 of this Protocol, and shall be
implemented without delay.

Article 70 - Relief actions

1. If the civilian population of any territory under the control of a Party
to the conflict, other than occupied territory, is not adequately provided
with the supplies mentioned in Article 69, relief actions which are
humanitarian and impartial in character and conducted without any adverse
distinction shall be undertaken, subject to the agreement of the Parties
concerned in such relief actions. Offers of such relief shall not be
regarded as interference in the armed conflict or as unfriendly acts. In
the distribution of relief consignments, priority shall be given to those
persons, such as children, expectant mothers, maternity cases and nursing
mothers, who, under the Fourth Convention or under this Protocol, are to be
accorded privileged treatment or special protection.

2. The Parties to the conflict and each High Contracting Party shall allow
and facilitate rapid and unimpeded passage of all relief consignments,
equipment and personnel provided in accordance with this Section, even if
such assistance is destined for the civilian population of the adverse
Party.

3. The Parties to the conflict and each High Contracting Party which allows
the passage of relief consignments, equipment and personnel in accordance
with paragraph 2:

 (a) shall have the right to prescribe the technical arrangements,
     including search, under which such passage is permitted;

 (b) may make such permission conditional on the distribution of this
     assistance being made under the local supervision of a Protecting
     Power;

 (c) shall, in no way whatsoever, divert relief consignments from the
     purpose for which they are intended nor delay their forwarding,
     except in cases of urgent necessity in the interest of the civilian
     population concerned.

4. The Parties to the conflict shall protect relief consignments and
facilitate their rapid distribution.

5. The Parties to the conflict and each High Contracting Party concerned
shall encourage and facilitate effective international co-ordination of the
relief actions referred to in paragraph 1.

Article 71 - Personnel participating in relief actions

1. Where necessary, relief personnel may form part of the assistance
provided in any relief action, in particular for the transportation and
distribution of relief consignments; the participation of such personnel
shall be subject to the approval of the Party in whose territory they will
carry out their duties.

2. Such personnel shall be respected and protected.

3. Each Party in receipt of relief consignments shall, to the fullest
extent practicable, assist the relief personnel referred to in paragraph 1
in carrying out their relief mission. Only in case of imperative military
necessity may the activities of the relief personnel be limited or their
movements temporarily restricted.

4. Under no circumstances may relief personnel exceed the terms of their
mission under this Protocol. In particular they shall take account of the
security requirements of the Party in whose territory they are carrying out
their duties. The mission of any of the personnel who do not respect these
conditions may be terminated.


                             SECTION III
    TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT


                              Chapter I

     FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS

Article 72 - Field of application

The provisions of this Section are additional to the rules concerning
humanitarian protection of civilians and civilian objects in the power of a
Party to the conflict contained in the Fourth Convention, particularly
Parts I and III thereof, as well as to other applicable rules of
international law relating to the protection of fundamental human rights
during international armed conflict.

Article 73 - Refugees and stateless persons

Persons who, before the beginning of hostilities, were considered as
stateless persons or refugees under the relevant international instruments
accepted by the Parties concerned or under the national legislation of the
State of refuge or State of residence shall be protected persons within the
meaning of Parts I and III of the Fourth Convention, in all circumstances
and without any adverse distinction.

Article 74 - Reunion of dispersed families

The High Contracting Parties and the Parties to the conflict shall
facilitate in every possible way the reunion of families dispersed as a
result of armed conflicts and shall encourage in particular the work of the
humanitarian organizations engaged in this task in accordance with the
provisions of the Conventions and of this Protocol and in conformity with
their respective security regulations.

Article 75 - Fundamental guarantees

1. In so far as they are affected by a situation referred to in Article 1
of this Protocol, persons who are in the power of a Party to the conflict
and who do not benefit from more favourable treatment under the Conventions
or under this Protocol shall be treated humanely in all circumstances and
shall enjoy, as a minimum, the protection provided by this Article without
any adverse distinction based upon race, colour, sex, language, religion or
belief, political or other opinion, national or social origin, wealth,
birth or other status, or on any other similar criteria. Each Party shall
respect the person, honour, convictions and religious practices of all such
persons.

2. The following acts are and shall remain prohibited at any time and in
any place whatsoever, whether committed by civilian or by military agents:

 (a) violence to the life, health, or physical or mental well-being of
     persons, in particular:

     (i)  murder;

     (ii) torture of all kinds, whether physical or mental;

    (iii) corporal punishment; and

     (iv) mutilation;

 (b) outrages upon personal dignity, in particular humiliating and
     degrading treatment, enforced prostitution and any form or indecent
     assault;
 (c) the taking of hostages;

 (d) collective punishments; and

 (e) threats to commit any of the foregoing acts.

3. Any person arrested, detained or interned for actions related to the
armed conflict shall be informed promptly, in a language he understands, of
the reasons why these measures have been taken. Except in cases of arrest
or detention for penal offences, such persons shall be released with the
minimum delay possible and in any event as soon as the circumstances
justifying the arrest, detention or internment have ceased to exist.

4. No sentence may be passed and no penalty may be executed on a person
found guilty of a penal offence related to the armed conflict except
pursuant to a conviction pronounced by an impartial and regularly
constituted court respecting the generally recognized principles of regular
judicial procedure, which include the following:

 (a) the procedure shall provide for an accused to be informed without
     delay of the particulars of the offence alleged against him and shall
     afford the accused before and during his trial all necessary rights
     and means of defence;

 (b) no one shall be convicted of an offence except on the basis of
     individual penal responsibility;

 (c) no one shall be accused or convicted of a criminal offence on account
     or any act or omission which did not constitute a criminal offence
     under the national or international law to which he was subject at
     the time when it was committed; nor shall a heavier penalty be
     imposed than that which was applicable at the time when the criminal
     offence was committed; if, after the commission of the offence,
     provision is made by law for the imposition of a lighter penalty, the
     offender shall benefit thereby;

 (d) anyone charged with an offence is presumed innocent until proved
     guilty according to law;

 (e) anyone charged with an offence shall have the right to be tried in
     his presence;

 (f) no one shall be compelled to testify against himself or to confess
     guilt;

 (g) anyone charged with an offence shall have the right to examine, or
     have examined, the witnesses against him and to obtain the attendance
     and examination of witnesses on his behalf under the same conditions
     as witnesses against him;

 (h) no one shall be prosecuted or punished by the same Party for an
     offence in respect of which a final judgement acquitting or
     convicting that person has been previously pronounced under the same
     law and judicial procedure;

 (i) anyone prosecuted for an offence shall have the right to have the
     judgement pronounced publicly; and

 (j) a convicted person shall be advised on conviction or his judicial and
     other remedies and of the time-limits within which they may be
     exercised.

5. Women whose liberty has been restricted for reasons related to the armed
conflict shall be held in quarters separated from men's quarters. They
shall be under the immediate supervision of women. Nevertheless, in cases
where families are detained or interned, they shall, whenever possible, be
held in the same place and accommodated as family units.

6. Persons who are arrested, detained or interned for reasons related to
the armed conflict shall enjoy the protection provided by this Article
until their final release, repatriation or re-establishment, even after the
end of the armed conflict.

7. In order to avoid any doubt concerning the prosecution and trial of
persons accused of war crimes or crimes against humanity, the following
principles shall apply:

 (a) persons who are accused or such crimes should be submitted for the
     purpose of prosecution and trial in accordance with the applicable
     rules of international law; and

 (b) any such persons who do not benefit from more favourable treatment
     under the Conventions or this Protocol shall be accorded the
     treatment provided by this Article, whether or not the crimes of
     which they are accused constitute grave breaches of the Conventions
     or of this Protocol.

8. No provision of this Article may be construed as limiting or infringing
any other more favourable provision granting greater protection, under any
applicable rules of international law, to persons covered by paragraph 1.


                               Chapter II

                MEASURES IN FAVOUR OF WOMEN AND CHILDREN


Article 76 - Protection of women

1. Women shall be the object of special respect and shall be protected in
particular against rape, forced prostitution and any other form of indecent
assault.

2. Pregnant women and mothers having dependent infants who are arrested,
detained or interned for reasons related to the armed conflict, shall have
their cases considered with the utmost priority.

3. To the maximum extent feasible, the Parties to the conflict shall
endeavour to avoid the pronouncement of the death penalty on pregnant women
or mothers having dependent infants, for an offence related to the armed
conflict. The death penalty for such offences shall not be executed on such
women.

Article 77 - Protection of children

1. Children shall be the object of special respect and shall be protected
against any form of indecent assault. The Parties to the conflict shall
provide them with the care and aid they require, whether because of their
age or for any other reason.

2. The Parties to the conflict shall take all feasible measures in order
that children who have not attained the age of fifteen years do not take a
direct part in hostilities and, in particular, they shall refrain from
recruiting them into their armed forces. In recruiting among those persons
who have attained the age of fifteen years but who have not attained the
age of eighteen years the Parties to the conflict shall endeavour to give
priority to those who are oldest.

3. If, in exceptional cases, despite the provisions of paragraph 2,
children who have not attained the age of fifteen years take a direct part
in hostilities and fall into the power of an adverse Party, they shall
continue to benefit from the special protection accorded by this Article,
whether or not they are prisoners of war.

4. If arrested, detained or interned for reasons related to the armed
conflict, children shall be held in quarters separate from the quarters of
adults, except where families are accommodated as family units as provided
in Article 75, paragraph 5.

5 . The death penalty for an offence related to the armed conflict shall
not be executed on persons who had not attained the age of eighteen years
at the time the offence was committed.

Article 78 - Evacuation of children

1. No Party to the conflict shall arrange for the evacuation or children,
other than its own nationals, to a foreign country except for a temporary
evacuation where compelling reasons of the health or medical treatment of
the children or, except in occupied territory, their safety, so require.
Where the parents or legal guardians can be found, their written consent to
such evacuation is required. If these persons cannot be found, the written
consent to such evacuation of the persons who by law or custom are
primarily responsible for the care of the children is required. Any such
evacuation shall be supervised by the Protecting Power in agreement with
the Parties concerned, namely, the Party arranging for the evacuation, the
Party receiving the children and any Parties whose nationals are being
evacuated. In each case, all Parties to the conflict shall take all
feasible precautions to avoid endangering the evacuation.

2. Whenever an evacuation occurs pursuant to paragraph 1, each child's
education, including his religious and moral education as his parents
desire, shall be provided while he is away with the greatest possible
continuity.

3. With a view to facilitating the return to their families and country of
children evacuated pursuant to this Article, the authorities of the Party
arranging for the evacuation and, as appropriate, the authorities of the
receiving country shall establish for each child a card with photographs,
which they shall send to the Central Tracing Agency of the International
Committee of the Red Cross. Each card shall bear, whenever possible, and
whenever it involves no risk of harm to the child, the following
information:

 (a) surname(s) of the child; 

 (b) the child's first name(s); 

 (c) the child's sex;

 (d) the place and date of birth (or, if that date is not known, the
     approximate age);

 (e) the father's full name; 

 (f) the mother's full name and her maiden name; 

 (g) the child's next-of-kin; 

 (h) the child's nationality; 

 (i) the child's native language, and any other languages he speaks; 

 (j) the address of the child's family; 

 (k) any identification number for the child; 

 (l) the child's state of health; 

 (m) the child's blood group; 

 (n) any distinguishing features;

 (o) the date on which and the place where the child was found; 

 (p) the date on which and the place from which the child left the
     country;

 (q) the child's religion, if any; 

 (r) the child's present address in the receiving country;

 (s) should the child die before his return, the date, place and
     circumstances of death and place of interment.


                             Chapter III

                             JOURNALISTS


Article 79 - Measures or protection for journalists

1. Journalists engaged in dangerous professional missions in areas of armed
conflict shall be considered as civilians within the meaning of Article 50,
paragraph 1.

2. They shall be protected as such under the Conventions and this Protocol,
provided that they take no action adversely affecting their status as
civilians, and without prejudice to the right of war correspondents
accredited to the armed forces to the status provided for in Article 4 (A)
(4) of the Third Convention.

3. They may obtain an identity card similar to the model in Annex II of
this Protocol. This card, which shall be issued by the government of the
State of which the Journalist is a national or in whose territory he
resides or in which the news medium employing him is located, shall attest
to his status as a journalist.


                                 PART V

          EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL

                                SECTION I

                            GENERAL PROVISIONS


Article 80 - Measures for execution

1. The High Contracting Parties and the Parties to the conflict shall
without delay take all necessary measures for the execution of their
obligations under the Conventions and this Protocol.

2. The High Contracting Parties and the Parties to the conflict shall give
orders and instructions to ensure observance of the Conventions and this
Protocol, and shall supervise their execution.

Article 81 -   Activities of the Red Cross and other humanitarian
               organizations

1. The Parties to the conflict shall grant to the International Committee
of the Red Cross all facilities, within their power so as to enable it to
carry out the humanitarian functions assigned to it by the Conventions and
this Protocol in order to ensure protection and assistance to the victims
of conflicts; the International Committee of the Red Cross may also carry
out any other humanitarian activities in favour of these victims, subject
to the consent of the Parties to the conflict concerned.

2. The Parties to the conflict shall grant to their respective Red Cross
(Red Crescent, Red Lion and Sun) organizations the facilities necessary for
carrying out their humanitarian activities in favour of the victims of the
conflict, in accordance with the provisions of the Conventions and this
Protocol and the fundamental principles of the Red Cross as formulated by
the International Conferences of the Red Cross.

3. The High Contracting Parties and the Parties to the conflict shall
facilitate in every possible way the assistance which Red Cross (Red
Crescent, Red Lion and Sun) organizations and the League of Red Cross
Societies extend to the victims of conflicts in accordance with the
provisions of the Conventions and this Protocol and with the fundamental
principles of the red Cross as formulated by the International Conferences
of the Red Cross.

4. The High Contracting Parties and the Parties to the conflict shall, as
far as possible, make facilities similar to those mentioned in paragraphs 2
and 3 available to the other humanitarian organizations referred to in the
Conventions and this Protocol which are duly authorized by the respective
Parties to the conflict and which perform their humanitarian activities in
accordance with the provisions of the Conventions and this Protocol.

Article 82 - Legal advisers in armed forces

The High Contracting Parties at all times, and the Parties to the conflict
in time of armed conflict, shall ensure that legal advisers are available,
when necessary, to advise military commanders at the appropriate level on
the application of the Conventions and this Protocol and on the appropriate
instruction to be given to the armed forces on this subject.

Article 83 - Dissemination

1. The High Contracting Parties undertake, in time of peace as in time of
armed conflict, to disseminate the Conventions and this Protocol as widely
as possible in their respective countries and, in particular, to include
the study thereof in their programmes of military instruction and to
encourage the study thereof by the civilian population, so that those
instruments may become known to the armed forces and to the civilian
population.

2. Any military or civilian authorities who, in time of armed conflict,
assume responsibilities in respect of the application of the Conventions
and this Protocol shall be fully acquainted with the text thereof.

Article 84 - Rules of application

The High Contracting Parties shall communicate to one another, as soon as
possible, through the depositary and, as appropriate, through the
Protecting Powers, their official translations of this Protocol, as well as
the laws and regulations which they may adopt to ensure its application.

                              SECTION II

               REPRESSION OF BREACHES OF THE CONVENTIONS

                         AND OF THIS PROTOCOL


Article 85 - Repression of breaches of this Protocol

1. The provisions of the Conventions relating to the repression of breaches
and grave breaches, supplemented by this Section, shall apply to the
repression of breaches and grave breaches of this Protocol.

2. Acts described as grave breaches in the Conventions are grave breaches
of this Protocol if committed against persons in the power of an adverse
Party protected by Articles 44, 45 and 73 of this Protocol, or against the
wounded, sick and shipwrecked of the adverse Party who are protected by
this Protocol, or against those medical or religious personnel, medical
units or medical transports which are under the control of the adverse
Party and are protected by this Protocol.

3. In addition to the grave breaches defined in Article 11, the following
acts shall be regarded as grave breaches of this Protocol, when committed
wilfully, in violation of the relevant provisions of this Protocol, and
causing death or serious injury to body or health:

 (a) making the civilian population or individual civilians the object of
     attack;

 (b) launching an indiscriminate attack affecting the civilian population
     or civilian objects in the knowledge that such attack will cause
     excessive loss of life, injury to civilians or damage to civilian
     objects, as defined in Article 57, paragraph 2 (a)(iii);

 (c) launching an attack against works or installations containing
     dangerous forces in the knowledge that such attack will cause
     excessive loss of life, injury to civilians or damage to civilian
     objects, as defined in Article 57, paragraph 2 (a)(iii);

 (d) making non-defended localities and demilitarized zones the object of
     attack;

 (e) making a person the object of attack in the knowledge that he is hors
     de combat;

 (f) the perfidious use, in violation of Article 37, of the distinctive
     emblem of the red cross, red crescent or red lion and sun or of other
     protective signs recognized by the Conventions or this Protocol.

4. In addition to the grave breaches defined in the preceding paragraphs
and in the Conventions, the following shall be regarded as grave breaches
of this Protocol, when committed wilfully and in violation of the
Conventions or the Protocol:

 (a) the transfer by the occupying Power of parts of its own civilian
     population into the territory it occupies, or the deportation or
     transfer of all or parts of the population of the occupied territory
     within or outside this territory, in violation of Article 49 of the
     Fourth Convention;

 (b) unjustifiable delay in the repatriation of prisoners of war or
     civilians;

 (c) practices of apartheid and other inhuman and degrading practices
     involving outrages upon personal dignity, based on racial
     discrimination;

 (d) making the clearly-recognized historic monuments, works of art or
     places of worship which constitute the cultural or spiritual heritage
     of peoples and to which special protection has been given by special
     arrangement, for example, within the framework of a competent
     international organization, the object of attack, causing as a result
     extensive destruction thereof, where there is no evidence of the
     violation by the adverse Party of Article 53, subparagraph (b), and
     when such historic monuments, works of art and places of worship are
     not located in the immediate proximity of military objectives;

 (e) depriving a person protected by the Conventions or referred to in
     paragraph 2 or this Article of the rights of fair and regular trial.

5. Without prejudice to the application of the Conventions and of this
Protocol, grave breaches of these instruments shall be regarded as war
crimes.

Article 86 - Failure to act

1. The High Contracting Parties and the Parties to the conflict shall
repress grave breaches, and take measures necessary to suppress all other
breaches, of the Conventions or of this Protocol which result from a
failure to act when under a duty to do so.

2. The fact that a breach of the Conventions or of this Protocol was
committed by a subordinate does not absolve his superiors from penal
disciplinary responsibility, as the case may be, if they knew, or had
information which should have enabled them to conclude in the circumstances
at the time, that he was committing or was going to commit such a breach
and if they did not take all feasible measures within their power to
prevent or repress the breach.

Article 87 - Duty of commanders

1. The High Contracting Parties and the Parties to the conflict shall
require military commanders, with respect to members of the armed forces
under their command and other persons under their control, to prevent and,
where necessary, to suppress and to report to competent authorities
breaches of the Conventions and of this Protocol.

2. In order to prevent and suppress breaches, High Contracting Parties and
Parties to the conflict shall require that, commensurate with their level
of responsibility, commanders ensure that members of the armed forces under
their command are aware of their obligations under the Conventions and this
Protocol.

3. The High Contracting Parties and Parties to the conflict shall require
any commander who is aware that subordinates or other persons under his
control are going to commit or have committed a breach of the Conventions
or of this Protocol, to initiate such steps as are necessary to prevent
such violations of the Conventions or this Protocol, and, where
appropriate, to initiate disciplinary or penal action against violators
thereof.

Article 88 - Mutual assistance in criminal matters

1. The High Contracting Parties shall afford one another the greatest
measure of assistance in connexion with criminal proceedings brought in
respect of grave breaches of the Conventions or of this Protocol.

2. Subject to the rights and obligations established in the Conventions and
in Article 85, paragraph 1 of this Protocol, and when circumstances permit,
the High Contracting Parties shall co-operate in the matter of extradition.
They shall give due consideration to the request of the State in whose
territory the alleged offence has occurred.

3. The law of the High Contracting Party requested shall apply in all
cases. The provisions of the preceding paragraphs shall not, however,
affect the obligations arising from the provisions of any other treaty of a
bilateral or multilateral nature which governs or will govern the whole or
part of the subject of mutual assistance in criminal matters.

Article 89 - Co-operation

In situations of serious violations or the Conventions or of this Protocol,
the High Contracting Parties undertake to act jointly or individually, in
co-operation with the United Nations and in conformity with the United
Nations Charter.

Article 90 - International Fact-Finding Commission

1. (a) An International Fact-Finding Commission (hereinafter referred to as
"the Commission") consisting of 15 members of high moral standing and
acknowledged impartiality shall be established;

 (b) When not less than 20 High Contracting Parties have agreed to accept
the competence of the Commission pursuant to paragraph 2, the depositary
shall then, and at intervals of five years thereafter, convene a meeting of
representatives of those High Contracting Parties for the purpose of
electing the members of the Commission. At the meeting, the representatives
shall elect the members of the Commission by secret ballot from a list of
persons to which each of those High Contracting Parties may nominate one
person;

(c) The members of the Commission shall serve in their personal capacity
and shall hold office until the election of new members at the ensuing
meeting;

(d) At the election, the High Contracting Parties shall ensure that the
persons to be elected to the Commission individually possess the
qualifications required and that, in the Commission as a whole, equitable
geographical representation is assured;

(e) In the case of a casual vacancy, the Commission itself shall fill the
vacancy, having due regard to the provisions of the preceding
subparagraphs;

(f) The depositary shall make available to the Commission the necessary
administrative facilities for the performance of its functions.

2. (a) The High Contracting Parties may at the time of signing, ratifying
or acceding to the Protocol, or at any other subsequent time, declare that
they recognize ipso facto and without special agreement, in relation to any
other High Contracting Party accepting the same obligation, the competence
of the Commission to inquire into allegations by such other Party, as
authorized by this Article;

(b) The declarations referred to above shall be deposited with the
depositary, which shall transmit copies thereof to the High Contracting
Parties;

(c) The Commission shall be competent to:

     (i)  inquire into any facts alleged to be a grave breach as defined
          in the Conventions and this Protocol or other serious violation
          of the Conventions or of this Protocol;

     (ii) facilitate, through its good offices, the restoration of an
          attitude of respect for the Conventions and this Protocol;

(d) In other situations, the Commission shall institute an inquiry at the
request of a Party to the conflict only with the consent of the other Party
or Parties concerned;

(e) Subject to the foregoing provisions or this paragraph, the provisions
of Article 52 of the First Convention, Article 53 of the Second Convention,
Article 132 or the Third Convention and Article 149 of the Fourth
Convention shall continue to apply to any alleged violation of the
Conventions and shall extend to any alleged violation of this Protocol.

3. (a) Unless otherwise agreed by the Parties concerned, all inquiries
shall be undertaken by a Chamber consisting of seven members appointed as
follows:

     (i)  five members of the Commission, not nationals of any Party to
          the conflict, appointed by the President of the Commission on
          the basis of equitable representation of the geographical
          areas, after consultation with the Parties to the conflict;

     (ii) two ad hoc members, not nationals of any Party to the conflict,
          one to be appointed by each side;

(b) Upon receipt of the request for an inquiry, the President of the
Commission shall specify an appropriate time-limit for setting up a
Chamber. If any ad hoc member has not been appointed within the time-limit,
the President shall immediately appoint such additional member or members
of the Commission as may be necessary to complete the membership of the
Chamber.

4. (a) The Chamber set up under paragraph 3 to undertake an inquiry shall
invite the Parties to the conflict to assist it and to present evidence.
The Chamber may also seek such other evidence as it deems appropriate and
may carry out an investigation of the situation in loco;

(b) All evidence shall be fully disclosed to the Parties, which shall have
the right to comment on it to the Commission;

(c) Each Party shall have the right to challenge such evidence.

5. (a) The Commission shall submit to the Parties a report on the findings
of fact of the Chamber, with such recommendations as it may deem
appropriate;

(b) If the Chamber is unable to secure sufficient evidence for factual and
impartial findings, the Commission shall state the reasons for that
inability;

(c) The Commission shall not report its findings publicly, unless all the
Parties to the conflict have requested the Commission to do so.

6. The Commission shall establish its own rules, including rules for the
presidency or the Commission and the presidency of the Chamber. Those rules
shall ensure that the functions of the President of the Commission are
exercised at all times and that, in the case of an inquiry, they are
exercised by a person who is not a national of a Party to the conflict.

7. The administrative expenses of the Commission shall be met by
contributions from the High Contracting Parties which made declarations
under paragraph 2, and by voluntary contributions. The Party or Parties to
the conflict requesting an inquiry shall advance the necessary funds for
expenses incurred by a Chamber and shall be reimbursed by the Party or
Parties against which the allegations are made to the extent of 50 per cent
of the costs of the Chamber. Where there are counter-allegations before the
Chamber each side shall advance 50 per cent of the necessary funds.

Article 91 - Responsibility

A Party to the conflict which violates the provisions of the Conventions or
of this Protocol shall, if the case demands, be liable to pay compensation.
It shall be responsible for all acts committed by persons forming part of
its armed forces. 


                                 PART VI

                             FINAL PROVISIONS

Article 92 - Signature

This Protocol shall be open for signature by the Parties to the Conventions
six months after the signing of the Final Act and will remain open for a
period or twelve months.

Article 93 - Ratification

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.

Article 94 - Accession

This Protocol shall be open for accession by any Party to the Conventions
which has not signed it. The instruments of accession shall be deposited
with the depositary.

Article 95 - Entry into force

1. This Protocol shall enter-into force six months after two instruments of
ratification or accession have been deposited.

2. For each Party to the Conventions thereafter ratifying or acceding to
this Protocol, it shall enter into force six months after the deposit by
such Party of its instrument of ratification or accession.

Article 96 - Treaty relations upon entry into force or this Protocol

1. When the Parties to the Conventions are also Parties to this Protocol,
the Conventions shall apply as supplemented by this Protocol.

2. When one of the Parties to the conflict is not bound by this Protocol,
the Parties to the Protocol shall remain bound by it in their mutual
relations. They shall furthermore be bound by this Protocol in relation to
each of the Parties which are not bound by it, if the latter accepts and
applies the provisions thereof.

3. The authority representing a people engaged against a High Contracting
Party in an armed conflict of the type referred to in Article 1, paragraph
4, may undertake to apply the Conventions and this Protocol in relation to
that conflict by means of a unilateral declaration addressed to the
depositary. Such declaration shall, upon its receipt by the depositary,
have in relation to that conflict the following effects:

 (a) the Conventions and this Protocol are brought into force for the said
     authority as a Party to the conflict with immediate effect;

 (b) the said authority assumes the same rights and obligations as those
     which have been assumed by a High Contracting Party to the
     Conventions and this Protocol; and

 (c) the Conventions and this Protocol are equally binding upon all
     Parties to the conflict.

Article 97 - Amendment

1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting
Parties and the International Committee of the Red Cross, whether a
conference should be convened to consider the proposed amendment.

2. The depositary shall invite to that conference all the High Contracting
Parties as well as the Parties to the Conventions, whether or not they are
signatories or this Protocol.

Article 98 - Revision of Annex I

1. Not later than four years after the entry into force of this Protocol
and thereafter at intervals of not less than four years, the International
Committee of the Red Cross shall consult the High Contracting Parties
concerning Annex I to this Protocol and, if it considers it necessary, may
propose a meeting of technical experts to review Annex I and to propose
such amendments to it as may appear to be desirable. Unless, within six
months of the communication of a proposal for such a meeting to the High
Contracting Parties, one third of them object, the International Committee
of the Red Cross shall convene the meeting, inviting also observers of
appropriate international organizations. Such a meeting shall also be
convened by the International Committee of the Red Cross at any time at the
request of one third of the High Contracting Parties.

2. The depositary shall convene a conference of the High Contracting
Parties and the Parties to the Conventions to consider amendments proposed
by the meeting of technical experts if, after that meeting, the
International Committee of the Red Cross or one third of the High
Contracting Parties so request.

3. Amendments to Annex I may be adopted at such a conference by a
two-thirds majority of the High Contracting Parties present and voting.

4. The depositary shall communicate any amendment so adopted to the High
Contracting Parties and to the Parties to the Conventions. The amendment
shall be considered to have been accepted at the end of a period of one
year after it has been so communicated, unless within that period a
declaration of non-acceptance of the amendment has been communicated to the
depositary by not less than one third of the High Contracting Parties.

5. An amendment considered to have been accepted in accordance with
paragraph 4 shall enter into force three months after its acceptance for
all High Contracting Parties other than those which have made a declaration
of non-acceptance in accordance with that paragraph. Any Party making such
a declaration may at any time withdraw it and the amendment shall then
enter into force for that Party three months thereafter.

6. The depositary shall notify the High Contracting Parties and the Parties
to the Conventions of the entry into force of any amendment, of the Parties
bound thereby, of the date of its entry into force in relation to each
Party, of declarations of non-acceptance made in accordance with paragraph
4, and of withdrawals of such declarations.
Article 99 - Denunciation

1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the
instrument of denunciation. If, however, on the expiry of that year the
denouncing Party is engaged in one of the situations referred to in Article
I, the denunciation shall not take effect before the end of the armed
conflict or occupation and not, in any case, before operations connected
with the final release, repatriation or re-establishment of the persons
protected by the Convention or this Protocol have been terminated.

2. The denunciation shall be notified in writing to the depositary, which
shall transmit it to all the High Contracting Parties.

3. The denunciation shall have effect only in respect of the denouncing
Party.

4. Any denunciation under paragraph 1 shall not affect the obligations
already incurred, by reason of the armed conflict, under this Protocol by
such denouncing Party in respect of any act committed before this
denunciation becomes effective.

Article 100 - Notifications

The depositary shall inform the High Contracting Parties as well as the
Parties to the Conventions, whether or not they are signatories of this
Protocol, of:

 (a) signatures affixed to this Protocol and the deposit of instruments of
     ratification and accession under Articles 93 and 94;

 (b) the date of entry into force of this Protocol under Article 95;

 (c) communications and declarations received under Articles 84, 90 and
     97;

 (d) declarations received under Article 96, paragraph 3, which shall be
     communicated by the quickest methods; and

 (e) denunciations under Article 99.

Article 101 - Registration

1. After its entry into force, this Protocol shall be transmitted by the
depositary to the Secretariat of the United Nations for registration and
publication, in accordance with Article 102 of the Charter of the United
Nations.

2. The depositary shall also inform the Secretariat of the United Nations
of all ratifications, accessions and denunciations received by it with
respect to this Protocol.

Article 102 - Authentic texts

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 transmit certified true copies thereof to
all the Parties to the Conventions.