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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Commentary
of 1987
[p.387] Part III, Section I -- Methods and means of warfare
Introduction
1380 This Section is aimed primarily at reaffirming and developing Articles 22
, 23
(b),(c), (d), (e),(f), and 24
of the Hague
Regulations of 1907. Article 23
(a), which deals with the prohibition
of poison, was not included, as particular individual weapons were
the subject of separate studies. In fact, this omission has no effect
on the prohibition which remains fully in force. Similarly, the rules
relating to the treatment of enemy property (Article 23
(g) and (h))
were not included here as this problem seemed to be less urgent. On
the other hand, three absolutely new provisions, which have no
equivalent in the above-mentioned articles of the Regulations, have
been introduced. These are concerned with the protection of the
environment (Article 35
-- ' Basic rules, ' paragraph 3), with the
responsibilities at the national level relating to the introduction
of new weapons (Article 36
-- ' New weapons), ' and with the
protection of airmen in distress (Article 42
-- ' Occupants of
aircraft ').
1381 Finally, with regard to subjects which are common to the Section concerned here and the Hague Regulations, it may be noted that the
Hague Conference had urged that until regulations for the law of
naval warfare were drawn up, Powers should apply as far as possible
to war at sea the principles of the Convention Relative to the Laws
and Customs of War on Land. (1)
' J. de P. '
NOTES
(1) [(1) p.387] Final Act of the Hague Conference of 1907,
resolution No. 4, M. Deltenre, ' Recueil général des lois
et coutumes de la guerre, ' Brussels, 1943, p. 424;
GVALNWB2/ICRC
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