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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 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]
protected persons can not renounce to their rights; [51] protected persons of occupied or annexed territories could not be deprived from the rights established in the Geneva Convention. [52] [53] The Additional Protocol I prohibits indiscriminate attacks or reprisals against the civilian persons, their objects, and objects necessary to their ...
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.
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;
Article 50 of Protocol 1 defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Article 54 deals with the Protection of objects indispensable to the survival of the civilian population and is ...
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;
In an interstate conflict, the requirement of distinction between combatants and protected civilians lies at the root of the jus in bello.It is reflected in Article 48 of Additional Protocol I of 1977 to the 1949 Geneva Conventions for the Protection of War Victims, entitled "Basic rule": "the Parties to the conflict shall at all times distinguish between the civilian population and combatants ...