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A facsimile of the signature-and-seals page of The 1864 Geneva Convention, which established humane rules of war. The original document in single pages, 1864 [1]. The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.
Protocol I (also Additional Protocol I and AP I) [4] is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, including "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". [5]
The Fourth Geneva Convention only concerns protected civilians in occupied territory rather than the effects of hostilities, such as the strategic bombing during World War II. [4] The 1977 Additional Protocol 1 to the Geneva Conventions (AP-1) prohibits all intentional attacks on "the civilian population and civilian objects."
The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. They are: The Geneva Conventions. First Geneva Convention; Second Geneva Convention; Third Geneva Convention; Fourth Geneva Convention; Additional Protocols Protocol I ...
Article 8(2)(b)(iv) draws on the principles in Article 51(5)(b) of the 1977 Additional Protocol I to the 1949 Geneva Conventions, but restricts the criminal prohibition to cases that are "clearly" excessive. The application of Article 8(2)(b)(iv) requires, inter alia, an assessment of: (a) the anticipated civilian damage or injury;
The notion of indiscriminate attack is defined in Article 51 Geneva Conventions Additional Protocol I (1977). [note 2] Indiscriminate attacks are engaged in by employing either tactics or weapons that are indiscriminate, and by launching attacks that are disproportionate. [1] [6]
Some commentators believe that the effect of Article 51 is only to preserve this right when an armed attack occurs, and that other acts of self-defence are banned by article 2(4). [2] Another view is that Article 51 acknowledges the previously existing customary international law right and then proceeds to lay down procedures for the specific ...