Wounded, sick and shipwrecked civilians who do not belong to any or the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Identity Card for Journalists on Dangerous Professional Missions [diagram], Original Item: A chargee giving ten or more working days prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing reasonable prior notice specified in Article 8(4) of the Convention. 3. Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information: (d) the place and date of birth (or, if that date is not known, the approximate age); (f) the mother's full name and her maiden name; (i) the child's native language, and any other languages he speaks; (k) any identification number for the child; (o) the date on which and the place where the child was found; (p) the date on which and the place from which the child left the country; (r) the child's present address in the receiving country; (s) should the child die before his return, the date, place and circumstances of death and place of interment. 2. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea. Art 26. 3. Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited: (a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of the military effort; (c) to make such objects the object of reprisals. 2. 2. In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter. 0000112740 00000 n Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command. 5. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. Therefore, individuals can still reasonably expect their rights as per the Geneva Conventions to apply when captured by an enemy party, even if they are a combatant that violates the rules of war or a civilian that directly participates in hostilities. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve or accede to this Protocol. 0000118420 00000 n If it so declares with respect to Article X(2), it shall specify the time-period required thereby. In international armed conflicts, the dichotomy is that between civilians and combatants. Combatants are lawful military targets and are targetable. 3. She was also a member of the Study Group on a European Civil Code and of the Compilation and Redaction Group on a Draft Common Frame of Reference on European Private Law (DCFR), and of the restricted Expert Group set up by the European Commission on a common European law on sales. In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4 (A) (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. 5. All except Protocol III should be cited to United States Treaties and/or United Nations Treaty Series. Telephone: +43 (1) 2600 . [29] They find issues specifically with IHLs protection of terrorists who fail to distinguish themselves from civilian populations despite engaging in hostilities via direct violence or acting in concert with a covert intelligence plan. FORM OF IRREVOCABLE DE-REGISTRATION 9. 3. The Convention shall, for a Contracting State that is a Party to theConvention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May 1933, supersede that Convention as it relates to aircraft, as defined in this Protocol. 1. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article XI and, if so, shall specify the types of insolvency proceeding, if any, to which it will apply Alternative A and the types of insolvency proceeding, if any, to which it will apply Alternative B. She is mainly responsible for the Agricultural Development and Private Law projects jointly developed with IFAD and FAO (Legal Structure of Agricultural Enterprise, Agricultural Land Investment Contracts and Contract Farming). Article 7 - Meetings. The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited. According to Article 43 of Additional Protocol I, the armed forces of a Party to a conflict consist of "all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates. The formation of civilian civil defence organizations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter. Art 96. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party. Since the Bush regime it is important to note what progress has been made in the US regarding the legal status of unlawful combatants. Despite the Obama administrations shift towards using enemy combatants instead of unlawful or illegal combatants the nomenclature change has not been matched with significant policy change, as the working legal definition of enemy combatant in the Obama era translated to an individual who was part of or supporting Taliban or al-Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners [including] any person who has committed a belligerent act or has directly supported hostilities in aid of enemy armed forces.[38] A Human Rights Watch expert summarized this change as: In every way, its better than the old definition. Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find. Art 17. Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault. 3. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects. 0000125426 00000 n 5. Protection of works and installations containing dangerous forces. 7. "Attacks" means acts of violence against the adversary, whether in offence or in defence. 0000081599 00000 n These provisions reflect a customary obligation on all states to respect and ensure respect for IHL by . 3. Article XXIII- Relationship with the Convention onthe International Recognition of Rights in Aircraft. 1. 0000110549 00000 n He is also the Co-Chair of the Space Generation Advisory Council (SGAC). 3. (d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. 3. 0000007465 00000 n However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded. 0000109700 00000 n 2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise. A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply this Article. 1. 2. (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Protocol; (iii) each declaration made in accordance with this Protocol, together with the date thereof; (iv) the withdrawal or amendment of any declaration, together with the date thereof; and. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. 3. Art 54. The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft. However, it is not substantially different because while the Obama administration moved away from the legal black hole creating term, the actual treatment of these individuals has stayed virtually the same with the aid of new legislation to support a similar method of treatment under more appropriate terminology. To demonstrate the significance of status under international humanitarian law (IHL), the legal ramifications of possessing a primary status of combatant or civilian will first be explored. 5. For the purposes of this Protocol, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and. Among others, the following types of attacks are to be considered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and. Article 19(4); 6. 1. Definition of attacks and scope of application. 2. 0000123100 00000 n In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters. Article 29(7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter. 0000007057 00000 n Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. 2. Treaty relations upon entry into force or this Protocol. The Parties to the conflict are, nevertheless, invited to inform each other of any details of such craft which will facilitate their identification and recognition. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the conflict. Article 1 - General principles and scope of application. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest. 2. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object. [1] In this text the relevance of legal status under IHL and challenges to the established categories of civilians/combatants shall be the primary focus. Art 64. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention. 1. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. Article XXVII Regional Economic Integration Organisations. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay down the methods of supervision. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. 2. 3. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. 0000126511 00000 n (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape. Art 41. A State may not become a Party to this Protocol unless it is or becomes also a Party to the Convention. 6. 1. Currently, Sir Roy Goode Scholar at UNIDROIT, Rome, 2021-2022. These objects shall not be made the object of reprisals. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute. The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3. 1. Part III. In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57. Any such inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. Article VII Description of aircraft objects. Admitted to practice in New South Wales and the High Court of Australia, he has a Bachelor of Arts (honours), a Bachelor of Laws and a Master of Laws from the Australian National University. Article 5 - Appointment of Protecting Powers and of their substitute. 1. 2. 4. 1. Unless otherwise specified, the terms "medical personnel", "medical units" and "medical transports" cover both permanent and temporary categories; l) "Distinctive emblem" means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies; m) "Distinctive signal" means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol. Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prisoners of war. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. 6. [22] Ironically, the US took this stance while also being one of three member nations of the UN[23]&[24] to sign but not ratify either of the Additional Protocols of the Geneva Conventions which addressed the evolving nature of armed conflicts. For the purposes of the definition of internal transaction in Article 1 of the Convention: (a) an airframe is located in the State of registry of the aircraft of which it is a part; (b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and. 8. The death penalty for such offences shall not be executed on such women. Priscila holds a Ph.D. in International Law from the University Paris I Panthon-Sorbonne (France), a Master Degree in International Relations from the University Center of Braslia (Brazil), and a specialisation degree in International Environmental Law from the United Nations Institute for Training and Research (UNITAR). 2. [26] Relying on a case of German terrorists during World War 2 who attempted to commit a terrorist act in disguise and classified as unlawful combatants,[27] the overwhelming majority of the USs defense of this characterisation started after the events of September 11th. Member of UNIDROIT Working Groups on Enforcement and Warehouse Receipts. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the provisions of the Second Convention. Medical aircraft shall obey any such order. 0000111985 00000 n The Geneva Conventions and their Additional Protocols are international treaties that contain the most important rules limiting the barbarity of war. 1. The term includes for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. . Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. Chapter II. In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol [Article 17 of Amended Annex]. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57. "Contact zone" means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground. 3. In such case, that person is entitled to assert rights and interests under the Convention. (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to inquire into allegations by such other Party, as authorized by this Article; (b) The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties; (c) The Commission shall be competent to: (i) inquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol; (ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol; (d) In other situations, the Commission shall institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned; (e) Subject to the foregoing provisions or this paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 or the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol. If by virtue of a declaration under paragraph 1, this Protocol extends to one or more territorial units of a Contracting State: (a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which the Convention and this Protocol apply; (b) any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which the Convention and this Protocol apply; and. 2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces. Article III Application of Convention to sales. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. The Shift to Enemy Combatants under Obama. The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in subparagraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be made the object of attack. 1. In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 29 (other than Article 29(3) which is replaced by Article XIV(1) and (2)), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales. 1. Medical aircraft in contact or similar zones. All Rights Reserved. 5. 1. Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals. Professor of Commercial Law, Carlos III University of Madrid. 1. 4. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. The problem with this however, is that the US tries classifying individuals who violate the rules of war into their own category, aside from the two established categories of civilian and combatant, thus creating a three-category approach. [41] This number did decrease over his time, as he pushed for various detainees to be moved to other facilities and also oversaw thirty seven detainees be granted habeas corpus relief. Medical aircraft in areas controlled by an adverse Party. A national of Spain, Professor Tirado (Commercial, Corporate and Insolvency Law, Universidad Autnoma of Madrid, Spain) holds a PhD from the Universities of Bologna and Autnoma de Madrid and an LLM from the University of London. Armed forces Article 43 -- Armed forces 1. Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Art 16. 1. No rights or interests, except for non-consensual rights or interests of a category covered by a declaration pursuant to Article 39(1), shall have priority in insolvency proceedings over registered interests. 1. 3. Firstly, for Threshold of Harm, one must be able to demonstrate the acts likeliness to adversely affect the military operations/capacity of a party to an armed conflict or the acts likeliness to inflict death, injury, or destruction on persons or objects protected against direct attack.