Why were the Protocols adopted?
They were adopted by States to make international humanitarian law more complete and more universal, and to adapt it better to modern conflicts.
The Geneva Conventions of 1949 afforded major improvements in the legal protection of victims of conflict. However, they apply essentially to international conflicts – wars between states. Only Article 3, common to all four Conventions, refers to internal conflicts; its adoption was itself a great step forward but the rules contained in the Article are mainly of a general nature.
In addition, most of the countries that became independent after 1945 “inherited” the Geneva Conventions from the former colonial powers – the adoption of the Protocols was also an occasion for them to contribute to developing the law.
Why two Protocols?
Protocol I deals with international armed conflicts,
Protocol II with non-international ones, a term that includes civil wars.
It was necessary to differentiate between the two situations, as States were not prepared to grant the same degree of legal protection in both cases.
The third Protocol
A third Additional Protocol was adopted in 2005. This treaty established an additional emblem, the red crystal, having the same status as the existing red cross and red crescent emblems.
Which countries have agreed to Additional Protocols I and II?
none
Protocol I has been ratified by
167 states,
Protocol II by
163 states.
