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Commentary - Part I : General provisions

[p.31] Part I -- General provisions

Introduction

33 The main aim of this Part is to define general principles and the temporal and material scope of application of the Protocol. These two

aspects of the scope of application are not simply defined by

reference to the Conventions -- which could have been done, given the

fact that the Protocol is an additional instrument; (1) the scope was

made more specific and broader in comparison with that of the

Conventions, and as far as the Contracting Parties (2) are concerned,

this new definition applies for the Conventions as well as for the

Protocol.

34 This Part is closely related to Part V ' (Execution of the Conventions and of this Protocol), ' particularly its Section I,

which bears the same title; thus the present Part also contains

provisions relating to the implementation of the Conventions and of

the Protocol. These articles, relating to Protecting Powers,

qualified persons and meetings of Contracting Parties, are preceded

by an unequivocal confirmation that the application of the

Conventions and the Protocol will not affect the legal status of the

Parties to the conflict. Such a clause should prevent any reticence

to fully apply the Protocol for fear of humanitarian law having

untoward consequences beyond its own field.

' B.Z. '

NOTES

(1) On this feature of the Protocol, cf. supra,

commentary on the title of the Protocol (pp. 20-21) and

infra, commentary Art. 1, para. 3 (p. 39) and Art. 96,

para. 1, pp. 1085-1086;

(2) On the meaning of the expression "High Contracting Parties", cf. commentary Preamble, supra, p.

25;