Difference between revisions of "Common Article 3 of the four Geneva Conventions of 1949 and Additional Protocols I and II"

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4. The provisions of this section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.
 
4. The provisions of this section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.
  
'''Chapter II. Civilians and civilian population
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'''Chapter II. Civilians and civilian population'''
  
Art 50. Definition of civilians and civilian population'''
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'''Art 50. Definition of civilians and civilian population'''
  
 
1. 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. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
 
1. 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. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
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8. 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.
 
8. 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.
  
'''Chapter III. Civilian objects
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'''Chapter III. Civilian objects'''
  
Art 52. General Protection of civilian objects'''
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'''Art 52. General Protection of civilian objects'''
  
 
1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.
 
1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.
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7. 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]. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article.
 
7. 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]. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article.
  
'''Chapter IV. Precautionary measures
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'''Chapter IV. Precautionary measures'''
  
Art 57. Precautions in attack'''
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'''Art 57. Precautions in attack'''
  
 
1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.
 
1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.
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(c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.
 
(c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.
  
'''Chapter V. Localities and zones under special protection
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'''Chapter V. Localities and zones under special protection'''
  
Art 59. Non-defended localities'''
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'''Art 59. Non-defended localities'''
  
 
1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.
 
1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.
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7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.
 
7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.
  
'''Chapter VI. Civil defence
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'''Chapter VI. Civil defence'''
  
Art 61. - Definitions and scope'''
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'''Art 61. - Definitions and scope'''
  
 
For the purpose of this Protocol:
 
For the purpose of this Protocol:
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'''Section II. Relief in Favour of the Civilian Population
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'''Section II. Relief in Favour of the Civilian Population'''
  
Art 68. Field of application'''
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'''Art 68. Field of application'''
  
 
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 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.
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4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated.
 
4. Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated.
  
'''Section III. Treatment of Persons in the Power of a Party to the Conflict
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'''Section III. Treatment of Persons in the Power of a Party to the Conflict'''
  
Chapter I. Field of application and protection of persons and objects
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'''Chapter I. Field of application and protection of persons and objects'''
  
Art 72. Field of application'''
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'''Art 72. Field of application'''
  
 
The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict.
 
The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict.
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8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1
 
8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1
  
'''Chapter II. Measures in favour of women and children
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'''Chapter II. Measures in favour of women and children'''
  
Art 76. Protection of women'''
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'''Art 76. Protection of women'''
  
 
1. 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.
 
1. 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.
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(s) should the child die before his return, the date, place and circumstances of death and place of interment.
 
(s) should the child die before his return, the date, place and circumstances of death and place of interment.
  
'''Chapter III. Journalists
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'''Chapter III. Journalists'''
  
Art 79. Measures or protection for journalists'''
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'''Art 79. Measures or protection for journalists'''
  
 
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.
 
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.
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===Part V. Execution of the Conventions and of its Protocols===
 
===Part V. Execution of the Conventions and of its Protocols===
  
'''Section I. General Provisions
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'''Section I. General Provisions'''
  
Art 80. Measures for execution'''
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'''Art 80. Measures for execution'''
  
 
1. The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol.
 
1. The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol.
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The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application.
 
The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application.
  
'''Section II. Repression of Breaches of the Conventions and of this Protocol
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'''Section II. Repression of Breaches of the Conventions and of this Protocol'''
  
Article 85 - Repression of breaches of this Protocol'''
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'''Article 85 - Repression of breaches of this Protocol'''
  
 
1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
 
1. The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
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'''Art 91. Responsibility'''
 
'''Art 91. Responsibility'''
  
A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.  
+
A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
  
 
===Part IV. Final Resolutions===
 
===Part IV. Final Resolutions===

Latest revision as of 16:32, 20 October 2010