International Humanitarian Law protects victims of armed conflict and limits the choice of methods and means of warfare. It applies in situations of international and non-international armed conflict.

The main instruments of International Humanitarian Law are the Geneva Conventions of 12 August 1949 for the protection of war victims. These treaties, which are universally accepted, protect the wounded, the sick, prisoners of war, and civilians in enemy hands. They also protect medical services, namely medical personnel, medical units and establishments; and medical means of transport.

Although the four Geneva Conventions of 1949 are very comprehensive, they do not cover the full range of human suffering caused by war. There are gaps in important areas, for instance in the provisions relating to the behavior of combatants and the protection of civilians from the effects of the hostilities.

To remedy these shortcomings, two Protocols were adopted in 1977. They supplement, but do not replace, the Geneva Conventions of 1949. They are:

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); and

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II).

Protocol I imposes constraints on the way in which military operations may be conducted. The obligations set forth in this instrument do not ask too much of those in charge of military operations, as they do not encroach upon the right of each State to defend itself by any legitimate means.

This treaty came into being because new methods of combat had been developed and the rules applicable to the conduct of hostilities had become outdated. Civilians are now entitled to protection from the effects 
of war.

 What new elements does Protocol I contain?
Protocol I gives a reminder that the right of the parties to a conflict to choose methods and means of warfare is not unlimited, and that it is prohibited to employ weapons, projectiles and any other device that may cause superfluous injury or unnecessary suffering. 

Protocol I defines legitimate targets in case of military attack. Furthermore it:

a/ prohibits

• indiscriminate attacks and attacks or reprisals against the civilian population and 

individual civilians
• objects indispensable to the survival of the civilian population
• cultural objects and places of worship
• works and installations containing dangerous forces, and
• the natural environment.

b/ extends

the protection accorded under the Geneva Conventions to all medical personnel, units and means of transport, both civilian and military

c/ establishes

an obligation to search for missing persons

d/ reinforces

the provisions concerning relief supplies for the civilian population

e/ affords

protection for the activities of civil defense organizations, and

f/ specifies

measures to be taken by States to facilitate the implementation of humanitarian law.

Article 90 of Protocol I provides for the establishment of an International Fact-Finding Commission to investigate all alleged grave breaches or other serious violations of the Conventions and of Protocol I. All States Parties may accept the competence of the Commission, which has meanwhile been set up.
 
 
 

Why was Protocol II applicable to non-international armed conflicts adopted?

Most conflicts since the Second World War have been non-international. The only provision in the Geneva Conventions of 1949 applicable in this type of conflict is Article 3 common to all four Conventions which, although very detailed, is insufficient to resolve the serious humanitarian problems caused by internal conflicts.

The humane principles already introduced by common Article 3 into non-international conflicts are reinforced by Protocol II. In so doing, it in no way restricts the right of States or the means available to them to maintain or restore law and order on their national territory. Compliance with the provisions of Protocol II therefore does not imply recognition of any status for dissident armed forces.

What new elements does Protocol II contain?

Protocol II applies only to internal armed conflicts of a certain intensity in which dissident armed forces, under responsible command, exercise control over a part of the national territory.

Protocol II:

a/ sets forth

the fundamental guarantees to which all persons not, or no longer, taking part in hostilities are entitled

b/ establishes

the rights of persons whose liberty has been restricted, and the judicial guarantees of a fair trial

c/ accords

protection to the civilian population and to civilian objects, and

d/ prohibits

intentional starvation and forced displacement.

 * * * * *

 Additional Protocols I and II of 1977 are binding on a large number of States, but it is essential that they attain universal recognition, for only when all States have pledged compliance with their humanitarian rules, and are clearly aware of their mutual commitments, will it be possible to ensure equal protection for all the victims of all armed conflicts.