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Other States' Reaction to the Protocol Other States' Reaction to the Protocol
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Protocol I and the Practice of War Protocol I and the Practice of War
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Protocol I and the Creation of Customary Law Protocol I and the Creation of Customary Law
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Changed Circumstances Changed Circumstances
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The Law of War Treaties and Legislative Priorities The Law of War Treaties and Legislative Priorities
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Humanitarianism and Universality Humanitarianism and Universality
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VIII The Time has Come for the United States to Ratify Geneva Protocol I
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Published:January 1999
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Abstract
At the conclusion of a diplomatic conference convened by Switzerland as depositary of the four Geneva Conventions of 12 August 1949 for the protection of war victims, two Protocols Additional to the Geneva Conventions were adopted. The first Protocol concerned international wars; the second addressed civil wars. The United States signed both Protocols. In the belief that any problems could be corrected by understandings or reservations, it proceeded to negotiate statements of understanding and reservations with its NATO allies. However, because of fears that Protocol I would legitimize the claims of the Palestine Liberation Organization to prisoner-of-war privileges for its combatants and promote various liberation movements to state or quasi-state status, the Protocol attracted vigorous opposition in the United States and Israel. This chapter discusses Protocol I and argues for an objective and credible military review of the Protocol.
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