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19.20 1977 ADDITIONAL PROTOCOLS TO THE 1949 GENEVA CONVENTIONSA diplomatic conference between 1974 and 1977 negotiated two protocols to the 1949Geneva Conventions that addressed international armed conflict (AP I) and non-internationalarmed conflict (AP II).Because these treaties were negotiated at the same time, they may provide information onStates’ views on differences between the rules applicable in international armed conflict and therules applicable in non-international armed conflict. 19719.20.1 AP I. Protocol (I) Additional to the Geneva Conventions, and Relating to theProtection of Victims of International Armed Conflicts (AP I) contains rules on the conduct ofhostilities during international armed conflict that are intended to supplement the 1949 GenevaConventions. 198 For example, AP I provides additional protections for the wounded and sick,and provides for the establishment of an international humanitarian fact-finding commission. 199AP I, however, does not apply to the use of nuclear weapons. 200The United States signed AP I and stated two understandings. 201 As explained below, API is a significant law of war treaty that the United States has decided not to ratify.On January 28, 1987, President Reagan informed the Senate that AP I would not besubmitted for the Senate’s advice and consent to ratification because it is “fundamentally andirreconcilably flawed.” 202 However, President Reagan noted that the United States wouldsupport “the positive provisions of Protocol I that could be of real humanitarian benefit ifgenerally observed by parties to international armed conflicts.” 203197 Refer to § 17.2.2.2 (Considered Absence of a Restriction in NIAC).198 Protocol (I) Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victimsof International Armed Conflicts of June 8, 1977.199 Refer to § 7.20 (AP I Provisions on the Wounded, Sick, and Shipwrecked); § 18.14.1.1 (AP I – InternationalHumanitarian Fact-Finding Commission (IHFFC)).200 Refer to § 6.18.3 (AP I Provisions and Nuclear Weapons).201 United States, Statement on Signature of AP I, 1125 UNTS 404, 434 (“1. It is the understanding of the UnitedStates of America that the rules established by this Protocol were not intended to have any effect on and do notregulate or prohibit the use of nuclear weapons. 2. It is the understanding of the United States of America that thephrase ‘military deployment preceding the launching of an attack’ in Article 44, paragraph 3, means any movementtowards a place from which an attack is to be launched.”).202 Ronald Reagan, Letter of Transmittal, Jan. 29, 1987, MESSAGE FROM THE PRESIDENT TRANSMITTING AP II III-IV(“Like all other efforts associated with the International Committee of the Red Cross, this agreement has certainmeritorious elements. But Protocol I is fundamentally and irreconcilably flawed. It contains provisions that wouldundermine humanitarian law and endanger civilians in war. … These problems are so fundamental in character thatthey cannot be remedied through reservations, and I therefore have decided not to submit the Protocol to the Senatein any form, and I would invite an expression of the sense of the Senate that it shares this view. Finally, the JointChiefs of Staff have also concluded that a number of the provisions of the Protocol are militarily unacceptable.”).203 Ronald Reagan, Letter of Transmittal, Jan. 29, 1987, MESSAGE FROM THE PRESIDENT TRANSMITTING AP II IV(“In this case, for example, we can reject Protocol I as a reference for humanitarian law, and at the same time devisean alternative reference for the positive provisions of Protocol I that could be of real humanitarian benefit if1160