Rule 99
Belligerent Parties may agree at any time to protect persons or objects not otherwise covered by this Manual.
[Commentary]
- The main thrust of Rule 99 is extending specific protection to persons or objects not otherwise enjoying such protection under this Manual.
- As a general rule, special agreements may only be concluded with a view to enhancing, and not adversely affecting, protection. See also common Art. 6 to the Geneva Conventions.[571]
- For example, Belligerent Parties not bound by AP/I may conclude a special agreement conferring specific protection on works and installations containing dangerous forces. Along the same lines, a special agreement may be concluded to protect oil production installations, oil rigs, petroleum storage facilities, oil refineries or chemical production facilities.
- Special agreements under Rule 99 may be concluded without resort to the usual formalities of signature and ratification. Under certain circumstances, they may even be oral. In every case, the exact terms of the agreement must be clear.
- An impartial humanitarian body, such as the ICRC, can facilitate the conclusion of such special agreements.
- Rule 99 applies also in non-international armed conflict. It is noteworthy that the penultimate para-graph of common Art. 3 to the Geneva Conventions states that “[t]he Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the pre-sent Convention”.[572]
- Common Art. 6 to the Geneva Conventions: “the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.”
- Common Art. 3 of the 1949 Geneva Conventions, see fn. 118.
Categories: N: Protection by Special Agreement
