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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 ...
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;
Conventions I–IV and Protocols I and II ratified as the Soviet Union. Declaration under Article 90 of Protocol 1 withdrawn in 2019. [34] [35] Rwanda: 1964 1984 1984 — 1993 Saint Kitts and Nevis: 1986 1986 1986 — 2014 Saint Lucia: 1981 1982 1982 — — Saint Vincent and the Grenadines: 1981 1983 1983 — 2013 Samoa: 1984 1984 1984 — —
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;
These protections were expanded by the Additional Protocols in 1977. Protocol I requires that attacks be limited to military objectives, which are defined as targets that make an "effective contribution to military action" where the destruction of the target provides a "definite military advantage" to the attacker. [13]
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). [4] Another view is that Article 51 acknowledges the previously existing customary international law right and then proceeds to lay down procedures for the specific ...