Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) of 8 June 1977 Presentation by Justin Ordoyo University of the Philippines College of Law

1. Protocol Additional to the
Geneva Conventions of
12 August 1949, relating to
the Protection of Victims of
Non-Int’l Armed Conflicts
(Protocol II) of 8 June 1977
Justin Adriel Espaldon Ordoyo
U.P. College of Law

2. Abbreviations
AP II Second Additional Protocol of 1977
HCP High Contracting Parties
WSS Wounded, sick and shipwrecked

3. Signatories
Adopted: 8 June 1977
Entry into force: 7 December 1978
States Parties: 167 (as of December 2013)

4. PART I : Scope
1 Material field of
application
• All armed conflicts not covered by AP I
• which take place in HCP territory
• Between its armed forces and dissident armed forces; or
• Between organized armed groups which
• Are under responsible command
• Exercise control over a part of its territory
• Enabling them to carry out sustained and concerted
military operations and implement this Protocol
2 Personal field of
application
• Applicable without any adverse distinction to all persons
affected by an armed conflict
• At the end of the armed conflict, all persons whose liberty has
been deprived or restricted shall enjoy the protection of Art. 5
and 6 until the end of such deprivation or restriction
3 Non-intervention Nothing in AP II shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of a government to
maintain or re-establish law and order or defend national unity
and territorial integrity
I

5. PART II : Humane Treatment
4 Fundamental
guarantees
• All persons who do not take direct part/have ceased to take
part in hostilities are entitled to respect for their person,
honour, convictions and religious practices
• Prohibition on denial of quarter
• The ff. acts against such persons shall remain prohibited:
• Violence to the life, health and physical/mental wellbeing
• Collective punishments
• Taking of hostages
• Acts of terrorism
• Outrages upon personal dignity
• Slavery
• Pillage
• Threats to commit any of the foregoing acts
• Children shall be provided with care they require. They shall:
• Receive an education
• Not be recruited in the armed forces or groups if below 15
• Be protected by this Article even if they take direct part in
hostilities while below 15
II

6. 5 Persons whose
liberty has been
restricted
Persons deprived of their liberty due to armed conflict shall:
• be treated in accord. with Art. 7 (wounded and sick)
• be provided with food, water, and health and hygiene
safeguards to the same extent as the local civilian population
• be allowed to receive individual or collective relief
• be allowed to practice their religion and receive spiritual
assistance from persons performing religious functions
• have the benefit of working conditions similar to those enjoyed
by the local civilian population
Those who are responsible for their interment shall respect the ff.:
• Women shall be held in separate quarters (except if family)
• They shall be allowed to send and receive letters and cards
• Places of internment shall not be located near combat zone
• They shall have benefit of medical examinations
• Their physical/mental health shall not be endangered
• If it is decided to release them, their safety must be ensured
6 Penal
prosecutions
• Applicable to the prosecution and punishment of criminal
offences related to the armed conflict
• No sentence shall be passed and no penalty executed
except upon conviction by independent and impartial court
II

7. 6 Penal
prosecutions
(continued)
In particular:
• Accused shall be informed of offences alleged against him
• No conviction except on the basis of individual penal resp.
• No conviction for act/omission that is not criminal under law
• Presumption of innocence until guilt is proven
• Accused has right to be tried in his presence
• No one shall be compelled to testify against himself
• Convict shall be advised of his judicial or other remedies
• Death penalty shall not be pronounced on:
• Persons under 18 at the time of the offence
• Pregnant women
• Mothers of young children
At the end of hostilities, authorities shall endeavor to grant the
broadest possible amnesty to:
• Persons who have participated in the armed conflict
• Those deprived of their liberty for reasons related to the armed
conflict, whether they are interned or detained
II

8. PART III : Wounded, Sick & Shipwrecked
7 Protection and
care
• All WSS, w/n they have taken part in AC, shall be respected
• They shall be treated humanely and receive medical care
8 Search All measures shall be taken to search for and collect WSS
9 Medical and
religious
personnel
• These shall be respected and protected and shall be granted
all available help for the performance of their duties
• They shall not be compelled to do non-humanitarian tasks
10 General
protection of
medical duties
• No punishment for carrying out ethical medical activities
• No compulsion to perform acts contrary to medical ethics
• Their professional obligations shall be respected
11 Protection of
medical units
and transports
• These shall be protected and not be the object of attack
• Such shall not cease unless used to commit hostile acts, and
only after a warning has been given yet is unheeded
12 The distinctive
emblem
Red cross/crescent/lion and sun on a white ground shall be
displayed and respected. It shall not be used improperly.
III

9. PART IV : Civilian population
Protection of…
13 the civilian population • Shall enjoy general protection against dangers arising
from military operations and shall not be object of attack
• Unless and for such time as they take direct part in
hostilities
14 objects indispensable
to the survival of the
civilian population
• Prohibition on starvation of civilians as a combat method
• Prohibition on attack, destruction or removal of objects
indispensable to their survival e.g. food, agri. areas, etc.
15 works and installations
containing dangerous
forces
Such (e.g. dams, dykes and nuclear power stations) shall
not be the object of attack, even where these are military
objectives, if such attack may release dangerous forces
16 cultural objects and
places of worship
Prohibition on acts of hostility against historic monuments,
works of art or places of worship
IV

10. 17 Prohibition of
forced
movement of
civilians
• Displacement shall not be ordered UNLESS the security of the
civilians involved or imperative military reasons so demand
• Should such have to be carried out, all measures shall be
taken in order that civilian population may be received under
satisfactory conditions of hygiene, health, safety and nutrition
• Civilians shall not be compelled to leave their own territory for
reasons connected with the conflict
18 Relief societies
and relief actions
• Relief societies (such as Red Cross organizations) in HCP
territory may offer their services
• Civilian population may offer to collect and care for WSS
• If civilian population is suffering due to lack of essential
supplies, relief actions shall be undertaken subject to consent
of HCP concerned
IV

11. PART V : Final Provisions
19 Dissemination AP II shall be disseminated as widely as possible
20 Signature AP II shall be open for signature by Parties to the Convention 6 mo.
after signing of Final Act and will remain open for 12 mo.
21 Ratification AP II shall be ratified ASAP. Instruments shall be deposited with the
Swiss Federal Council
22 Accession AP II shall be open for accession by any PC which has not signed it
23 Entry into force AP II shall enter into force 6 mo. after 2 instruments of ratification or
accession have been deposited
24 Amendment Any HCP may propose amendments
25 Denunciation Shall take effect 6 mo. after receipt of instrument of denunciation
26 Notifications Depositary shall inform HCP and PC w/n they are AP II signatories
27 Registration After entry into force, AP II shall be transmitted to UN Secretariat
28 Authentic texts Arabic, Chinese, English, French, Russian, Spanish texts all authentic
V

12. • Protocol Additional to the Geneva Conventions of 12 August 1949,
relating to the Protection of Victims of Non-International Armed
Conflicts (Protocol II) of 8 June 1977
• Cover image: Members of 1st Marine Division carrying their wounded
during firefight near southern edge of DMZ during Vietnam War (1966).
Photographer: Larry Burrows
Bibliography
Bibliography