Additional Protocol II (APII), adopted on 8 June 1977 alongside Additional Protocol I, is the first international treaty devoted exclusively to the protection of victims of non-international armed conflicts (NIACs) — that is, civil wars and conflicts between a state's armed forces and organized armed groups operating on its territory. It develops and supplements Common Article 3 of the four Geneva Conventions of 1949, which until then was the only treaty provision addressing internal conflict.
APII applies under a relatively high threshold set out in Article 1(1): the non-state party must be under responsible command, control territory, and be capable of carrying out sustained and concerted military operations and of implementing the Protocol. It explicitly excludes situations of internal disturbances, riots, and isolated acts of violence (Article 1(2)).
Substantively, the Protocol guarantees:
- Fundamental guarantees of humane treatment, prohibiting murder, torture, collective punishment, hostage-taking, and outrages on personal dignity (Article 4).
- Protection for persons deprived of liberty (Article 5) and judicial guarantees for criminal prosecutions (Article 6).
- Protection of the wounded, sick and shipwrecked, medical personnel, and medical units (Articles 7–12).
- Protection of the civilian population, objects indispensable to survival, cultural objects, works containing dangerous forces, and a prohibition on forced displacement (Articles 13–17).
APII has been ratified by the large majority of states, though notable non-parties include the United States, India, Iran, Israel, Pakistan, and Turkey. Many of its core rules are nonetheless considered to reflect customary international humanitarian law, as documented in the ICRC's 2005 Customary IHL Study, and have been applied by tribunals such as the ICTR and ICTY (e.g., Prosecutor v. Akayesu, 1998; Prosecutor v. Tadić, 1995 jurisdiction decision).
Example
During Colombia's internal conflict, the government and the ICRC repeatedly invoked Additional Protocol II — which Colombia ratified in 1995 — to frame obligations of the armed forces and the FARC regarding civilian protection and treatment of detainees.
Frequently asked questions
Common Article 3 sets a minimum baseline for any non-international armed conflict, while APII applies only to higher-intensity internal conflicts meeting its Article 1 threshold and provides more detailed protections, including rules on conduct of hostilities and judicial guarantees.
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