Treaties, States Parties and Commentaries
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Declaration made at the time of ratification.

"1. In relation to Article 44 of Protocol I, the situation described in the second sentence of paragraph 3 of the Article can exist only in occupied territory or in armed conflicts covered by paragraph 4 of Article 1, and the Government of the Republic of Korea will interpret the word deployment in paragraph 3 (b) of the Article as meaning any movement towards a place from which an attack is to be launched;

2. in relation to paragraph 4 (b) of Article 85 of Protocol I, a party detaining prisoners of war may not repatriate its prisoners agreeably to their openly and freely expressed will, which shall not be regarded as unjustifiable delay in the repatriation of prisoners of war constituting a grave breach of this Protocol;

3. in relation to Article 91 of Protocol I, a party to the conflict which violates the provisions of the Conventions or of this Protocol shall take the responsibility for paying compensation to the party damaged from the acts of violation, whether the damaged party is a legal party to the conflict or not; and

4. in relation to paragraph 3 of Article 96 of Protocol I, only a declaration made by an authority which genuinely fulfils the criteria of paragraph 4 of Article 1 can have the effects stated in paragraph 3 of Article 96, and it is also necessary that the authority concerned be recognized as such by the appropriate regional intergovernmental organization."

SOURCE: Notification by the depositary addressed to the ICRC on 18 January 1982.