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Back to: 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.
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Article 86 - Failure to act

1. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.

2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.

Introduction to the Commentary on the Additional Protocols I and II of 8 June 1977
Title of the Protocol and Preamble
Preamble
Part I : General provisions
Article 1 - General principles and scope of application
Article 2 - Definitions
Article 3 - Beginning and end of application
Article 4 - Legal status of the Parties to the conflict
Article 5 - Appointment of Protecting Powers and of their substitute
Article 6 - Qualified persons
Article 7 - Meetings
Part II : Wounded, sick and shipwrecked
Part II : Wounded, sick and shipwrecked - Section I -- General protection
Article 8 - Terminology
Article 9 - Field of application
Article 10 - Protection and care
Article 11 - Protection of persons
Article 12 - Protection of medical units
Article 13 - Discontinuance of protection of civilian medical units
Article 14 - Limitations on requisition of civilian medical units
Article 15 - Protection of civilian medical and religious personnel
Article 16 - General protection of medical duties
Article 17 - Role of the civilian population and of aid societies
Article 18 - Identification
Article 19 - Neutral and other States not Parties to the conflict
Article 20 - Prohibition of reprisals
Part II : Wounded, sick and shipwrecked - Section II -- Medical transportation
Article 21 - Medical vehicles
Article 22 - Hospital ships and coastal rescue craft
Article 23 - Other medical ships and craft
Article 24 - Protection of medical aircraft
Article 25 - Medical aircraft in areas not controlled by an adverse Party
Article 26 - Medical aircraft in contact or similar zones
Article 27 - Medical aircraft in areas controlled by an adverse Party
Article 28 - Restrictions on operations of medical aircraft
Article 29 - Notifications and agreements concerning medical aircraft
Article 30 - Landing and inspection of medical aircraft
Article 31 - Neutral or other States not Parties to the conflict
Part II : Wounded, sick and shipwrecked - Section III -- Missing and dead persons
Article 32 - General principle
Article 33 - Missing persons
Article 34 - Remains of deceased
Part III : Methods and means of warfare -- Combatant and prisoner-of-war status
Part III : Methods and means of warfare -- Combatant and prisoner-of-war status - Section I -- Methods and means of warfare
Article 35 - Basic rules
Article 36 - New weapons
Article 37 - Prohibition of perfidy
Article 38 - Recognized emblems
Article 39 - Emblems of nationality
Article 40 - Quarter
Article 41 - Safeguard of an enemy hors de combat
Article 42 - Occupants of aircraft
Part III : Methods and means of warfare -- Combatant and prisoner-of-war status - Section II -- Combatant and prisoner-of-war status
Article 43 - Armed forces
Article 44 - Combatants and prisoners of war
Article 45 - Protection of persons who have taken part in hostilities
Article 46 - Spies
Article 47 - Mercenaries
Part IV : Civilian population
Part IV : Civilian population - Section I -- General protection against effects of hostilities
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter I - Basic Rule and field of application
Article 48 - Basic rule
Article 49 - Definition of attacks and scope of application
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter II -- Civilians and civilian population
Article 50 - Definition of civilians and civilian population
Article 51 - Protection of the civilian population
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter III -- Civilian objects
Article 52 - General protection of civilian objects
Article 53 - Protection of cultural objects and of places of worship
Article 54 - Protection of objects indispensable to the survival of the civilian population
Article 55 - Protection of the natural environment
Article 56 - Protection of works and installations containing dangerous forces
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter IV -- Precautionary measures
Article 57 - Precautions in attack
Article 58 - Precautions against the effects of attacks
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter V -- Localities and zones under special protection
Article 59 - Non-defended localities
Article 60 - Demilitarized zones
Part IV : Civilian population - Section I -- General protection against effects of hostilities - Chapter VI -- Civil defence
Article 61 - Definitions and scope
Article 62 - General protection
Article 63 - Civil defence in occupied territories
Article 64 - Civilian civil defence organizations of neutral or other States not Parties to the conflict and international co-ordinating organizations
Article 65 - Cessation of protection
Article 66 - Identification
Article 67 - Members of the armed forces and military units assigned to civil defence organizations
Part IV : Civilian population - Section II -- Relief in favour of the civilian population
Article 68 - Field of application
Article 69 - Basic needs in occupied territories
Article 70 - Relief actions
Article 71 - Personnel participating in relief actions
Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict
Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict - Chapter I -- Field of application and protection of persons and objects
Article 72 - Field of application
Article 73 - Refugees and stateless persons
Article 74 - Reunion of dispersed families
Article 75 - Fundamental guarantees
Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict - Chapter II -- Measures in favour of women and children
Article 76 - Protection of women
Article 77 - Protection of children
Article 78 - Evacuation of children
Part IV : Civilian population - Section III -- Treatment of persons in the power of a party to the conflict - Chapter III -- Journalists
Article 79 - Measures of protection for journalists
Part V: Execution of the Convention and of this Protocol
Part V: Execution of the Convention and of this Protocol - Section I -- General provisions
Article 80 - Measures for execution
Article 81 - Activities of the Red Cross and other humanitarian organizations
Article 82 - Legal advisers in armed forces
Article 83 - Dissemination
Article 84 - Rules of application
Part V: Execution of the Conventions and of this protocol - Section II -- Repression of breaches of the Conventions and of this Protocol
Article 85 - Repression of breaches of this Protocol
Article 86 - Failure to act
Article 87 - Duty of commanders
Article 88 - Mutual assistance in criminal matters
Article 89 - Co-operation
Article 90 - International Fact-Finding Commission
Article 91 - Responsibility
Part VI : Final provisions
Article 92 - Signature
Article 93 - Ratification
Article 94 - Accession
Article 95 - Entry into force
Article 96 - Treaty relations upon entry into force of this Protocol
Article 97 - Amendment
Article 98 - Revision of Annex I
Article 99 - Denunciation
Article 100 - Notifications
Article 101 - Registration
Article 102 - Authentic texts
Article 86
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