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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]
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;
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.
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 Declaration under Article 90 of Protocol 1 withdrawn in 2019.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]
In 1977, Protocol I was adopted as an amendment to the Geneva Conventions, prohibiting the deliberate or indiscriminate attack of civilians and civilian objects, even if the area contained military objectives, and the attacking force must take precautions and steps to spare the lives of civilians and civilian objects as possible. However ...