Treaties, States Parties and Commentaries
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Commentary of 1987 
[p.31] Part I -- General provisions


33 The main aim of this Part is to define general principles and the temporal and material scope of application of the Protocol. These two aspects of the scope of application are not simply defined by reference to the Conventions -- which could have been done, given the fact that the Protocol is an additional instrument; (1) the scope was made more specific and broader in comparison with that of the Conventions, and as far as the Contracting Parties (2) are concerned, this new definition applies for the Conventions as well as for the Protocol.

34 This Part is closely related to Part V ' (Execution of the Conventions and of this Protocol), ' particularly its Section I, which bears the same title; thus the present Part also contains provisions relating to the implementation of the Conventions and of the Protocol. These articles, relating to Protecting Powers, qualified persons and meetings of Contracting Parties, are preceded by an unequivocal confirmation that the application of the Conventions and the Protocol will not affect the legal status of the Parties to the conflict. Such a clause should prevent any reticence to fully apply the Protocol for fear of humanitarian law having untoward consequences beyond its own field.

' B.Z. '


(1) On this feature of the Protocol, cf. supra, commentary on the title of the Protocol (pp. 20-21) and infra, commentary Art. 1, para. 3 (p. 39) and Art. 96, para. 1, pp. 1085-1086;

(2) On the meaning of the expression "High Contracting Parties", cf. commentary Preamble, supra, p. 25;