RULES OF INTERNATIONAL HUMANITARIAN LAW AND OTHER RULES RELATING TO THE CONDUCT OF HOSTILITIES

Transcription

1 RULES OF INTERNATIONAL HUMANITARIAN LAW AND OTHER RULES RELATING TO THE CONDUCT OF HOSTILITIES COLLECTION OF TREATIES AND OTHER INSTRUMENTS International Committee of the Red Cross 19 Avenue de la Paix 1202 Geneva, Switzerland T F icrc.gva@icrc.org

2 Not contained in this collection: Geneva Conventions of 12 August 1949 ISBN International Committee of the Red Cross, Geneva, 1989 Revised and updated edition, 2005

3 CONTENTS Title Abbreviation Page INTRODUCTION 7 1. GENERAL RULES Convention (IV) respecting the Laws H.IV 13 and Customs of War on Land, The Hague, 18 October 1907 Regulations respecting the Laws H.IV.R 17 and Customs of War on Land, The Hague, 18 October 1907 Protocol Additional to the Geneva AP I 28 Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977 (excerpts) Protocol Additional to the Geneva AP II 41 Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977 (excerpts) Convention for the Protection of Cultural H.CP 43 Property in the Event of Armed Conflict, The Hague, 14 May 1954 Regulations for the Execution of the H.CP.R 58 Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May 1954 Protocol for the Protection of Cultural H.CP.P I 70 Property in the Event of Armed Conflict, The Hague, 14 May

4 Title Abbreviation Page Second Protocol to the Hague Convention H.CP.P II 74 of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26 March 1999 Rome Statute of the International Criminal ICC Stat. 94 Court, Rome, 17 July 1998 (excerpts) 2. AIR AND SEA WARFARE Editor s note 103 Hague Rules of Air Warfare drafted by H.AW 104 a Commission of Jurists at The Hague, December 1922 February 1923 Procès-verbal relating to the Rules of London PV 117 Submarine Warfare set forth in Part IV of the Treaty of London of 22 April 1930, London, 6 November 1936 San Remo Manual on International Law San Remo 119 Applicable to Armed Conflicts at Sea, Manual San Remo, 12 June WEAPONS Declaration Renouncing the Use, in Time St. Petersof War, of Explosive Projectiles Under burg Decl Grammes Weight, St. Petersburg, 29 November/11 December 1868 Declaration concerning Expanding H.Decl. 161 Bullets, The Hague, 29 July 1899 Convention (VIII) relative to the Laying H.VIII 162 of Automatic Submarine Contact Mines, The Hague, 18 October

5 Title Abbreviation Page Protocol for the Prohibition of the Use in War G.BC 166 of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, Geneva, 17 June 1925 Convention on the Prohibition of the BWC 168 Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 10 April 1972 Convention on the Prohibition of Military ENMOD 173 or Any Other Hostile Use of Environmental Modification Techniques, 10 December 1976 Convention on Prohibitions or Restrictions CCW 180 on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, Geneva, 10 October 1980 Amended Article 1, Geneva, 21 December 2001 CCW.Art Protocol on Non-Detectable Fragments CCW.P.I 188 (Protocol I), Geneva, 10 October 1980 Protocol on Prohibitions or Restrictions CCW.P.II 189 on the Use of Mines, Booby-Traps and Other Devices (Protocol II), Geneva, 10 October 1980 Protocol on Prohibitions or Restrictions CCW.P.II. 195 on the Use of Mines, Booby-Traps and Other Amend Devices as amended on 3 May 1996 (Protocol II as amended), Geneva, 3 May 1996 Protocol on Prohibitions or Restrictions CCW.P.III 212 on the Use of Incendiary Weapons (Protocol III), Geneva, 10 October

6 Title Abbreviation Page Protocol on Blinding Laser Weapons CCW.P.IV 214 (Protocol IV), Vienna, 13 October 1995 Protocol on Explosive Remnants of War CCW.P.V 215 (Protocol V), Geneva, 28 November 2003 Convention on the Prohibition of the CWC 227 Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Paris, 13 January 1993 (excerpts) Convention on the Prohibition of the Use, Ottawa 235 Stockpiling, Production and Transfer of Conv. Anti-Personnel Mines and on their Destruction, Ottawa, 18 September NEUTRALITY Convention (V) respecting the Rights and H.V 253 Duties of Neutral Powers and Persons in Case of War on Land, The Hague, 18 October 1907 Convention (XIII) concerning the Rights H.XIII 259 and Duties of Neutral Powers in Naval War, The Hague, 18 October

7 INTRODUCTION This volume is a collection of treaties regulating the conduct of hostilities. This body of law, often referred to as the law of The Hague, is of particular importance in alleviating the effects of armed conflict in that it regulates and limits the methods and means of warfare used by the parties to the conflict. Such rules evolved over the centuries through the customs of States and this customary law was later codified in a number of treaties. Some treaties, such as the Hague Regulations of 1899 revised in 1907, codified a wide range of existing customary law, whereas others, such as the St. Petersburg Declaration of 1868 and the Geneva Gas Protocol of 1925, focused on specific areas. The 1977 Protocols additional to the 1949 Geneva Conventions, which are reproduced in this edition for the first time in relevant excerpts, make a very important contribution to the law on the conduct of hostilities, in particular by reaffirming the principle of customary law, hitherto unstated in treaty form, that the civilian population should not be made the object of attack. All treaties regulating the conduct of hostilities, and interna tional customary law, which is binding on all States, are based on two connected fundamental principles, namely, humanity and military necessity, which together mean that only actions necessary for the defeat of the opposing side are allowed, whereas those which cause needless suffering or losses are forbidden. The two major areas of regulation to achieve this aim are the choice of targets and the use of weapons, as will be seen from the collection of treaties in this volume. Compared to the previous edition, a number of treaties that have been adopted since 1995 have been included and the structure of the collection slightly changed. In order to keep the collection to a reasonable size, a few instruments that are less relevant today have been left out. 7

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9 General rules Air and sea warfare Weapons Neutrality

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11 General rules

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13 Convention (IV) respecting the Laws and Customs of War on Land The Hague, 18 October 1907 (List of Contracting Parties) Seeing that, while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert; Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization; Thinking it important, with this object, to revise the general laws and customs of war, either with a view of defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible; Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land. According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants. It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice. On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military com manders. Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles 13

14 H.IV of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood. The High Contracting Parties, wishing to conclude a fresh Con vention to this effect, have appointed the following as their Plenipotentiaries: (Names of Plenipotentiaries) Who, after having deposited their full powers, found in good and due form, have agreed upon the following: Art. 1. The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention. Art. 2. The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting Powers, and then only if all the belligerents are parties of the Convention. Art. 3. A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compen sation. It shall be responsible for all acts committed by persons forming part of its armed forces. Art. 4. The present Convention, duly ratified, shall as, between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land. The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention. Art. 5. The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a procès-verbal signed by the Representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs. 14

15 H.IV The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification. A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the di plomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification. Art. 6. Non-Signatory Powers may adhere to the present Convention. The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification. Art. 7. The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government. Art. 8. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Nether lands Government. Art. 9. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in 15

16 H.IV virtue of Article 5, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denun ciation (Article 8, paragraph 1) were received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts. In faith whereof the Plenipotentiaries have appended their sig natures to the present Convention. Done at The Hague, 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplo matic channel, to the Powers which have been invited to the Second Peace Conference. 16

17 Regulations respecting the Laws and Customs of War on Land The Hague, 18 October 1907 SECTION I ON BELLIGERENTS CHAPTER I The Qualifications of Belligerents Art. 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1. To be commanded by a person responsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination army. Art. 2. The inhabitants of a territory which has not been oc cupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war. Art. 3. The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war. 17

18 H.IV.R CHAPTER II Prisoners of War Art. 4. Prisoners of war are in the power of the hostile Govern ment, but not of the individuals or corps who capture them. They must be humanely treated. All their personal belongings, except arms, horses, and military papers, remain their property. Art. 5. Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as an indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist. Art. 6. The State may utilize the labour of prisoners of war ac cording to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed. When the work is for other branches of the public service or for private persons, the conditions are settled in agreement with the military authorities. The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance. Art. 7. The Government into whose hands prisoners of war have fallen is charged with their maintenance. In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them. Art. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary. 18

19 H.IV.R Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment. Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight. Art. 9. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed. Art. 10. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prison ers, the engagements they have contracted. In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given. Art. 11. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole. Art. 12. Prisoners of war liberated on parole and recaptured bear ing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts. Art. 13. Individuals who follow an army without directly belong ing to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy s hands and whom the latter thinks expedient to detain, are entitled to be treated as prison ers of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying. Art. 14. An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments and transfers, releases on parole, exchanges, 19

20 H.IV.R escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observa tions of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace. It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned. Art. 15. Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort, shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue. Art. 16. Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through. Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways. Art. 17. Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Gov ernment. 20

21 H.IV.R Art. 18. Prisoners of war shall enjoy complete liberty in the exer cise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authori ties. Art. 19. The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army. The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank. Art. 20. After the conclusion of peace, the repatriation of prison ers of war shall be carried out as quickly as possible. CHAPTER III The Sick and Wounded Art. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention. SECTION II HOSTILITIES CHAPTER I Means of Injuring the Enemy, Sieges, and Bombardments Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited. Art. 23. In addition to the prohibitions provided by special Conventions, it is especially forbidden (a) To employ poison or poisoned weapons; (b) To kill or wound treacherously individuals belonging to the hostile nation or army; 21

22 H.IV.R (c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material calculated to cause unnecessary suffering; (f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; (g) To destroy or seize the enemy s property, unless such destruction or seizure be imperatively demanded by the necessities of war; (h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent s service before the commencement of the war. Art. 24. Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible. Art. 25. The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited. Art. 26. The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities. Art. 27. In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand. Art. 28. The pillage of a town or place, even when taken by assault, is prohibited. 22

23 H.IV.R CHAPTER II Spies Art. 29. A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: soldiers and civilians, carrying out their mis sion openly, entrusted with the delivery of despatches intended either for their own army or for the enemy s army. To this class belong likewise persons sent in balloons for the purpose of carrying des patches and, generally, of maintaining communications between the different parts of an army or a territory. Art. 30. A spy taken in the act shall not be punished without previous trial. Art. 31. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage. CHAPTER III Flags of Truce Art. 32. A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him. Art. 33. The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information. 23

24 H.IV.R In case of abuse, he has the right to detain the parlementaire temporarily. Art. 34. The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advan tage of his privileged position to provoke or commit an act of treason. CHAPTER IV Capitulations Art. 35. Capitulations agreed upon between the Contracting Par ties must take into account the rules of military honour. Once settled, they must be scrupulously observed by both parties. CHAPTER V Armistices Art. 36. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. Art. 37. An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius. Art. 38. An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are sus pended immediately after the notification, or on the date fixed. Art. 39. It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belliger ent State and those of the other. 24

25 H.IV.R Art. 40. Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. Art. 41. A violation of the terms of the armistice by private per sons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensa tion for the losses sustained. SECTION III MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Art. 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Art. 44. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense. Art. 45. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. Art. 46. Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated. Art. 47. Pillage is formally forbidden. 25

26 H.IV.R Art. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. Art. 49. If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administrations of the territory in question. Art. 50. No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible. Art. 51. No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors. Art. 52. Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible. Art. 53. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations. 26

27 H.IV.R All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and com pensation fixed when peace is made. Art. 54. Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and com pensation fixed when peace is made. Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. Art. 56. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. 27

28 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) Geneva, 8 June 1977 Excerpts PART III METHODS AND MEANS OF WARFARE COMBATANT AND PRISONER-OF-WAR STATUS SECTION I METHODS AND MEANS OF WARFARE Art. 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. Art. 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. 28

29 AP I Art. 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. Art. 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. Art. 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. 29

30 AP I 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. Art. 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. Art. 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 of 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. Art. 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. 30

31 AP I PART IV CIVILIAN POPULATION SECTION I GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES CHAPTER I Basic rule and field of application Art. 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. Art. 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. 31

32 AP I CHAPTER II Civilians and civilian population Art. 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. Art. 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 32

33 AP I 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 Art. 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 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. 33

34 AP I Art. 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. Art. 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 foodstuffs, 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. 34

35 AP I Art. 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. Art. 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 35

36 AP I 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 1. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article. CHAPTER IV Precautionary measures Art. 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 1 Article 17 of the amended Annex. 36