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Wednesday, September 20, 2006

The Rest of the Geneva Convention

Below are excerpts from a Protocol in addition to the Geneva convention.

Did these articles keep New York, Madrid, London, or Baghdad safe?
Did the parties who carried out these attacks sign the Geneva convention?
Should we extend them its privileges when they intend to violate these articles the next chance they get?

Protocol I Additional to the Geneva Convention, 1977
Article 48: Basic Rule
In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish
between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only
against military objectives.



Article 57: Precautions in Attack
List of 5 items (contains 2 nested lists)
1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
List of 3 items nesting level 1 (contains 1 nested list)
A. those who plan or decide upon an attack shall:
List of 3 items nesting level 2
i. do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection
but are military objectives within the meaning of
paragraph 2 of Article 52
and that it is not prohibited by the provisions of this Protocol to attack them;
ii. take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss
of civilian life, injury to civilians and damage to civilian objects;
iii. refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian
objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;
list end nesting level 2
B. an attack shall be canceled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that
the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military advantage anticipated;
C. effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not pemmit.
list end nesting level 1
3. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that
the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.
4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules
of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects

**5. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.**

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1 Comments:

Blogger rainy said...

"Do not be overcome by evil, but overcome evil with good."

When contemplating the application of the Geneva Convention especially in regards to dealings with terrorists (aka evil doers), the above statement is worthy of consideration, specifically:

1.) Can we accept this statement as a maxim that will guide our actions?

2.) If yes, then is this maxim relevant to the actions of nation-states (or only individuals)?

9/20/2006 2:54 PM  

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