Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War.
Protocol I is an extensive document, containing 102 articles. The following is a basic overview of the protocol. For a comprehensive listing of all provisions, consult the text and the commentary. In general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the following additional protections are added.
Article 37 prohibits perfidy. It identifies four types of perfidy and differentiates ruses of war from perfidy.
Article 42 outlaws attacks on pilots and aircrews who are parachuting from an aircraft in distress. Once they landed in territory controlled by an adverse party, they must be given an opportunity to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne troops, or agents who are parachuting from an aircraft, whether in distress or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent.
Article 43 deals with the identification of Armed Forces that are Party to a conflict, and states that combatants "shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict."
Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, and other materials needed for survival. Indiscriminate attacks include directly attacking civilian targets, but also using technology such as biological weapons, nuclear weapons and land mines, whose scope of destruction cannot be limited. A total war that does not distinguish between civilian and military targets is considered a war crime.
Articles 56 and 53 outlaw attacks on dams, dikes, nuclear-generating stations, and places of worship. The first three are "works and installations containing dangerous forces" and may be attacked only in ways that do not threaten to release the dangerous forces.
Articles 76 and 77, 15 and 79 provide special protections for women, children, and civilian medical personnel, and provide measures of protection for journalists.
Articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status are granted to members of dissident forces when under the command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as combatants while preparing for or during an attack.
Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that "cause widespread, long-term, and severe damage to the natural environment."
Article 85 states that it is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive the opposing forces.
Articles 17 and 81 authorize the ICRC, national societies, or other impartial humanitarian organizations to provide assistance to the victims of war.
Article 90 states that "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 enquire into allegations by such other Party, as authorized by this Article." 74 states have made such a declaration.
