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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]
Additional Protocols Protocol I; Protocol II; Protocol III; The four 1949 Conventions have been ratified by 196 states, including all UN member states, both UN observers (the Holy See and the State of Palestine}, as well as the Cook Islands. The Protocols have been ratified by 174, 169 and 79 states respectively.
Indiscriminate attacks are prohibited both by the Geneva Conventions Additional Protocol I (1977) and by customary international humanitarian law. They constitute a war crime under the Rome Statute of the International Criminal Court, and the perpetrators can be prosecuted and held responsible in international and domestic courts.
Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.
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 clause did not appear in the Geneva Conventions of 1949, [10] but was it included in the additional protocols of 1977. [11] It is in article 1 paragraph 2 of Protocol I (which covers international conflicts), [ 12 ] and the fourth paragraph of the preamble to Protocol II (which covers non-international conflicts). [ 13 ]
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In addition, there are three additional amendment protocols to the Geneva Convention: Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.