Legal Analysis of the Provisions of the Protocol on the Protection of Victims of Non-International Armed Conflicts, 1977

Abstract

This research examines Additional Protocol II to the Geneva Conventions of 1977 as the first international instrument specifically dedicated to regulating and protecting victims of non-international armed conflicts. The study aims to analyze the formal and substantive rules established by the Protocol and its contribution to the development of international humanitarian law. The Protocol was adopted due to the increasing number of internal conflicts and their severe humanitarian consequences. It sought to strengthen legal protection for persons affected by such conflicts by complementing Common Article 3 of the Geneva Conventions of 1949.

The research addresses the formal aspects of the Protocol, including its scope of application, conditions for identifying non-international armed conflicts, and provisions concerning signature, ratification, accession, entry into force, amendment, withdrawal, and registration. It also highlights that the Protocol combines principles derived from Hague Law, which regulates methods and means of warfare, with Geneva Law, which focuses on the protection of individuals during armed conflicts.

The substantive part discusses the principles of humane treatment and non-discrimination, protection of persons not directly participating in hostilities, guarantees for detainees and prisoners, protection of the wounded and sick, medical personnel, children, civilians, and civilian objects.

The study concludes that Additional Protocol II represents a significant development in international humanitarian law despite certain limitations, including the lack of effective enforcement mechanisms and ambiguity regarding some concepts related to internal armed conflicts. Nevertheless, it remains an essential legal framework for enhancing human protection during non-international armed conflicts.