The Law of War

Provisions common to the four Conventions and to Protocol I
International Committee of the Red Cross
31-12-1988
Provisions common to the four Conventions and to Protocol I
Extract from "Basic rules of the Geneva Conventions and their Additional Protocols"
1. Field of application, duration of application, general principles of law
2. Prohibition of reprisals
3. Non-renunciation of rights
4. Supervision
a) Protecting Powers
b) International Committee of the Red Cross
5. Sanctions
6. Dissemination
(Please note: Roman numerals indicate the number of the Convention or the Protocol (designated by the
letter
P), Arabic numerals refer to the articles of these instruments.)
1. Field of application, duration of application, general principles of law
The Conventions and the Protocol are applicable in case of declared war or of any other armed conflict
arising between two or more of the Parties to the Conventions and Protocol I from the beginning of such a
situation, even if the state of war is not recognized by one of them. These agreements also cover armed
conflicts in which people are fighting against colonial domination and alien occupation and against racist
regimes in the exercise of their right of self-determination.[I, 2; II, 2; III, 2; IV, 2; P. I, 1]
The application ceases at the general close of military operations and, in occupied territories, at the end of
the occupation except for those categories of people whose final release, repatriation or settlement takes
place at a later date. These people shall continue to benefit from the relevant provisions of the Conventions
and the Protocol until their final release, repatriation or settlement. [I, 5; III, 5; IV, 6; P. I, 3]
In cases not covered by the Conventions, the Protocol or other international agreements, or in the case of
denunciation of these agreements, civilians and combatants remain under the protection and authority of
the principles of international law derived from established custom, from the principles of humanity and
from the dictates of public conscience.[P. I, 1 ; I, 63; II, 62; III, 142; IV, 158]
2. Prohibition of reprisals
Reprisals, violations of the law in response to other violations of the law and to make them cease, are
prohibited against the wounded, sick and shipwrecked, medical services and personnel, civil defence
services and personnel, prisoners of war, civilians, civilian and cultural property, the natural environment
and works and installations containing dangerous forces. They are admitted only in the conduct of the
hostilities.[I, 46; II, 47; III, 13; IV, 33; P. I, 20, 51-56]
3. Non-renunciation of rights
The Geneva Conventions having as their aim the protection of war victims, these persons must be placed,
as far as is possible, out of the reach of any pressures to make them renounce their rights. This is why
these persons may in no circumstances renounce, in part or totally, the rights ensured them by the
Conventions and the Protocol. The people mainly concerned are military and civilian medical personnel and
the wounded, military and civilian sick and shipwrecked persons, as well as prisoners of war, civilian
internees, inhabitants of occupied territories and foreigners on the territory of a Party to the conflict. The
Page 1 of 3