Protocol 2
Additional Protocol II (AP II) is a significant legal instrument because it is the first international treaty devoted exclusively to protecting the victims of non-international armed conflicts, or civil wars. While Common Article 3 of the 1949 Geneva Conventions laid a basic foundation for these conflicts, AP II provides a more detailed set of rules.
It's important to note that AP II's application is limited to conflicts that meet a specific threshold of intensity and organization. It applies only to conflicts that take place on the territory of a state party between its armed forces and "dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol."
Key Provisions
Here are the main clauses and key principles of Additional Protocol II:
Fundamental Guarantees: This is a core part of the Protocol (Article 4). It lists a series of fundamental protections that apply to all persons not taking a direct part in hostilities. It includes a general obligation to treat all such persons humanely and prohibits acts like violence to life, health, and physical or mental well-being; torture; cruel treatment; collective punishments; and the taking of hostages.
Protection of Civilians: AP II reaffirms the principle that the civilian population and individual civilians shall not be the object of attack. It prohibits acts of violence and threats of violence intended to spread terror among the civilian population.
Protection of Objects Indispensable to Survival: The Protocol explicitly prohibits attacks on objects essential for the survival of the civilian population, such as foodstuffs, agricultural areas, and drinking water installations, for the purpose of denying them to the civilian population or to a party to the conflict.
Protection of Wounded, Sick, and Medical Personnel: It provides protection and care for the wounded and sick, whether combatant or civilian, and requires that they be collected and cared for. It also ensures the protection of medical and religious personnel, as well as medical units and transports, and permits them to use the distinctive emblems of the Red Cross or Red Crescent.
Protection of Persons Whose Liberty Has Been Restricted: AP II establishes basic rights for individuals who are detained or whose liberty has been restricted for reasons related to the conflict. These include a requirement for fair and regular judicial procedures for any prosecution. It also prohibits the pronouncement of the death sentence on persons under the age of eighteen or on pregnant women and mothers of young children.
Prohibition of Forced Movement: The Protocol prohibits ordering the displacement of the civilian population for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand.