PART IV: CIVILIAN POPULATION
Chapter I Basic rule and field of
application
Article 48 - Basic rule
Article 49 - Definition of attacks and
scope of application
Chapter II Civilians and civilian
population
Article 50 - Definition of civilians and civilian population
Article 51 - Protection of the civilian population
Chapter III 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
Chapter IV Precautionary measures
Article 57 - Precautions in attack
Article 58 - Precautions
against the effects of attacks
Chapter V Localities and zones under
special protection
Article 59 - Non-defined localities
Article 60 - Demilitarized
zones
Chapter VI 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
Article 68 - Field of application
Article 69 - Basic needs in occupied
territories
Article 70 - Relief actions
Article 71 - Personnel
participating in relief actions
Chapter I 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
Chapter II Measures in favour of
women and children
Article 76 - Protection of women
Article 77 - Protection of
children
Article 78 - Evacuation of children
Chapter III Journalists
Article 79 - Measures of protection for journalists
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.
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 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 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.
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 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.
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 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 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
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 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.
Art 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
Art 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.
Art 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
Art 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) "Matriel" of civil defence organizations means equipment,
supplies and transports used by these organizations for the performance
of the tasks mentioned under (1).
Art 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 matriel 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.
Art 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 matriel 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 matriel 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.
Art 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
matriel 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.
Art 65. Cessation of protection
1. The protection to which civilian civil defence organizations,
their personnel, buildings, shelters and matriel 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.
Art 66. Identification
1. Each Party to the conflict shall endeavour to ensure that its
civil defence organizations, their personnel, buildings and matriel, 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 matriel 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 ground when used for the
protection of civil defence organizations, their personnel, buildings
and matriel 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.
Art 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 matriel 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 Populaiton
Art 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.
Art 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.
Art 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.
Art 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
Art 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.
Art 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.
Art 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.
Art 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
Art 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.
Art 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.
Art 78. Evacuation of children
1. No Party to the conflict shall arrange for the evacuation of
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
Art 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.
