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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.

Commentary - Annex I : Regulations concerning identification -- General introduction

[p.1137] Annex I -- General introduction

Introduction

3893 Annex I to Protocol I, entitled "Regulations concerning identification", contains technical regulations relating to the

marking and identification of:

-- medical personnel, units and transports,

-- civil defence personnel and transports,

-- works and installations containing dangerous forces,

identifiable visually by distinctive signs set aside for their exclusive use as well as by distinctive signals and other technical

devices contemplated in Annex I.

3894 These technical regulations are required for the implementation of the provisions of Articles 18

' (Identification), ' 56

' (Protection of works and installations ' ' containing dangerous

forces) ' and 66

' (Identification) ' of Protocol I. Annex I

comprises sixteen articles grouped in six chapters. Some of its

provisions relate to Resolutions 17, 18 and 19 adopted, together with

Annex I, at the fourth session of the Diplomatic Conference in 1977.

Title of Annex I to the Protocol

3895 Draft Annex I submitted by the ICRC to the first session of the Diplomatic Conference in 1974 bore the title: "Regulations concerning

the identification and marking of medical personnel, units and means

of transport, and civil defence personnel, equipment and means of

transport". (1)

3896 In order to examine the draft, Committee II of the Diplomatic Conference set up a Technical Sub-Committee which met during the

first and third sessions. In its reports to Committee II, the

Technical Sub-Committee adopted the title of the ICRC's draft Annex I

without change. (2)

[p.1138] 3897 In May 1976 at the third session, however, Committee II, during its consideration of the Technical Sub-Committee's report, accepted a

proposal by the United Kingdom requesting the insertion of the word

"recognition" in the title of the English-language version only of

the Annex. (3) After the adoption of the report, probably as a result

of differences in interpretation, the word "recognition" was inserted

in the French and Spanish versions also, but not in the Russian and

Arabic versions. The title then read: "Regulations concerning the

identification, recognition and marking of medical personnel, units

and means of transport, and civil defence personnel, equipment and

means of transport". (4 )

3898 This title and the text of the Annex were given further consideration between the third and fourth sessions of the Diplomatic

Conference by the Group of Experts appointed by the Conference

Secretariat and the ICRC as well as by the technical advisers of the

Conference, who met in November 1976 and January 1977 to prepare the

work of the Drafting Committee of the Conference. (5) The word

"recognition" was allowed to stand in the above-mentioned language

versions; however, the unintentional discrepancy between these and

other versions existed only momentarily between the third and the

fourth sessions, disappearing when the title was revised by the

Drafting Committee.

3899 The title, which was long, stood to benefit from being made simpler. The Drafting Committee of the Conference considered that the

term "identification", as used in Protocol I and its Annex I, had the

same meaning in all the languages concerned and adequately covered

the full substance of the Annex, including the new provisions adopted

at the fourth session in respect of:

-- the international distinctive sign of civil defence; (6)

-- the international special sign for works and installations containing dangerous forces. (7)

3900 After the final adoption by Committees II and III of the articles of Protocol I relating to these two new signs, the title was reviewed

by the Drafting Committee, which proposed to the Conference the short

title "Regulations concerning identification", adopted by consensus

at a plenary meeting of the Conference as the definitive title of

Annex I. The titles of the articles as they appear in the successive

versions of Annex I, together with a list of the amendments relating

to the text, are given at the end of Volume III of the Official

Records of the Conference. (8)

[p.1139] The terms "identification", "signals", "recognition"

3901 These terms are used in the Geneva Conventions of 12 August 1949 and their Additional Protocols, as well as in Annex I and various

texts concerning the safety of medical personnel, units and means of

transport. (9)

3902 In Article 8

' (Terminology), ' sub-paragraph (m), of Protocol I, the expression "signal or message" means the distinctive signs or

signals intended exclusively for the identification of persons or

objects entitled to use those signs or signals under the Conventions

and the Additional Protocols.

3903 "Identification", as contemplated in Article 18

' (Identification) ' of the Protocol, means recognizing or making it

possible to recognize the persons and objects entitled to protection

under the Conventions and the Additional Protocols.

3904 The term "recognition", which appeared momentarily in the intermediate draft title of Annex I, is used in Article 5

' (Optional

use), ' paragraph 2, of the Annex; the word "recognizable" is used in

Articles 15

' (International distinctive sign), ' paragraph 3, and 16

' (International special sign), ' paragraph 4. In the Protocol, the

phrase "should be recognizable" is used in Article 18

' (Identification), ' paragraph 3. Within the meaning of the Protocol

and its Annex I, all these terms are synonymous with identification.

In that connection, the delegate of the USSR stated in Committee II

that in Russian the idea of recognition was included in that of

identification. Similarly, the delegates of France and Spain

considered it unnecessary to insert "recognition" after

"identification". (10)

Field of application

3905 The scope of the Regulations concerning identification is governed by the articles of the Protocol listed below. The

corresponding articles of the Regulations are mentioned, together

with the resolutions of the Diplomatic Conference having a bearing on

the texts concerned.

1) Article 18

' (Identification), ' relating to the identification of medical and religious personnel and of civilian and military

medical units and transports, particularly medical aircraft

Chapters I to IV, Articles 1 to 13; Resolutions 17, 18 and 19).

2) Article 56

' (protection of works and installations containing dangerous forces) ' (Chapter VI, Article 16).

3) Article 66

' (Identification), ' relating to the identification of civil defence personnel, buildings and ' matériel ' (Chapter

V, Articles 14 and 15).

[p.1140] Revision

3906 Article 98

' (Revision of Annex I) ' of the Protocol provides for Annex I to be revised from time to time in the light of technical

developments. In order to remain effective, the methods and means of

protective identification and marking must keep abreast of technical

advances in the army, navy and air force.

3907 It was therefore considered advisable to set out the technical regulations in an Annex to Protocol I, both to simplify the text

containing the legal provisions and to allow for the special periodic

revision procedure contemplated in Article 98

' (Revision of Annex

I) ' of the Protocol.

Historical background

3908 The task of the Diplomatic Conference which met in Geneva in 1949 was to revise the two international conventions providing for the

identification and marking of medical personnel, units and means of

transport, namely, the Geneva Convention of 27 July 1929 for the

Amelioration of the Condition of the Wounded and Sick in Armed forces

in the field and the Hague Convention of 18 October 1907 for the

Adaptation to Maritime Warfare of the Principles of the Geneva

Convention of 6 July 1906 (Hague Convention X of 1907).

3909 The progress of work on the marking and identification of air and sea medical transports can be traced by chronological reference to

the meetings and other preparatory activities which took place prior

to the revision of the two above-mentioned international conventions.

' 1930 -- XIVth International Conference of the Red Cross, Brussels '

3910 Resolution XVII -- Medical aviation in peacetime: development of civil and military medical aviation in peacetime: crossing of

frontiers; priority in transmission; simplification of formalities;

participation of merchant air fleets.

3911 Resolution XXII -- Activities of the Red Cross at sea: plan for ameeting of experts to consider various issues, in particular the

amendment of Hague Convention X of 1907.

3912 Resolution XXIII -- Medical aviation in wartime: draft Convention supplementary to the 1929 Geneva Convention. Medical aviation was

included in the 1929 Convention (Article 18) and Recommendation III

of the 1929 Diplomatic Conference called for more comprehensive

regulations governing the use of aircraft for medical purposes.

Resolution XXIII goes some way towards fulfilling that

recommendation. (11)

[p.1141] ' 1934 -- XVth International Conference of the Red Cross, Tokyo '

3913 Resolution XXXIII -- Activities of the Red Cross at sea: renewal of the mandate given to the ICRC in 1930 under Resolution XXII;

revision of Hague Convention X relating to maritime warfare. (12)

' 1934 -- International Legal Committee on Aviation, Paris '

3914 New draft Convention additional to the Geneva Convention of 27 July 1929, relating to the use of medical aircraft in time of war.

3915 Draft prepared by Mr. Julliot and Mr. Schickelé together with an annex containing an international code of visual and radio signals

for medical aircraft. (13)

' 1936 -- ICRC, Red Cross emblem visibility tests '

3916 Visibility of the protective emblem from the air: results of the tests published in the "Revue internationale de la Croix-Rouge". (14)

' 1936 -- ICRC, Circular No. 328 of 31 July '

3917 Invitation to National Red Cross Societies to send representatives to attend a meeting of experts with a view to

revising the Geneva Convention. The meeting was held from 19 to 23

October 1937.

3918 Military aviation played an important part in the Spanish Civil War, which broke out in July 1936.

' 1937 -- ICRC, Circular No. 337 of 5 April '

3919 Revision of Hague Convention X of 1907: despatch of a questionnaire and a draft revised text of Convention X to National

Red Cross Societies.

3920 The questionnaire referred to the identification of hospital ships (use of small signal guns) as well as to search and rescue at

sea, by both aircraft and vessels. The draft revised Convention

mentions the use of wireless telegraphy by hospital ships. (15)

[p.1142] ' 1937 -- ICRC, Meeting of experts held from 19 to 23 October to study the revision of the Geneva Convention of 1929 '

3921 A Sub-Committee was asked to examine technical issues relating to the marking and camouflage of medical formations, establishments and

aircraft. (16)

' 1937 -- ICRC, Conference of naval experts held from 15 to 18 June to study the revision of Hague Convention X of 1907 '

3922 The experts adopted a draft "Maritime Convention" based on the draft submitted by the ICRC, containing the following provisions in

respect of hospital ships:

-- standardization of the white-painted hull with a horizontal band of red for both categories of hospital ships;

-- prohibition of the use of secret codes, either by wireless telegraphy of by visual signals. (17)

' 1946 -- ICRC, preliminary Conference of National Red Cross Societies, Geneva, 26 July - 3 August '

3923 Technical proposals submitted by the French Red Cross for the future "Maritime Convention":

-- use of the radio by hospital ships to indicate their position every six hours on the wavelength 600 metres (wavelength adopted for the safety of human life);

-- signalling by radio of the route followed by the hospital ship, for relay by the maritime authorities on land;

-- identification of hospital ships by radar.

3924 The prohibition of use of secret codes with the aid of either signals or radio was spelt out by the First Commission, which

proposed the following text: "All their communications by signal or

by wireless must be in clear".

3925 Doubts were cast on the effectiveness of painting a horizontal band of red or green on the white hull. In 1937 the naval experts had

already drawn attention in their report to the inadequacy of purely

visual signalling, having regard to the development of modern

armaments such as long-range aircraft and artillery (18)

[p.1143] ' 1947 -- ICRC, Conference of Government Experts for the Study of the Conventions for the protection of War Victims, Geneva,

14 - 26 April '

3926 Marking of medical aircraft: the experts who met in 1947 did not consider that any change should be made to Article 18 of the 1929

Convention. They thought that "the technical progress made in the

field of aerial warfare and anti-aircraft guns rendered illusory any

attempt to develop the use of medical aircraft". (19)

3927 Marking of hospital ships: a proposal reading "As soon as technically possible, all hospital ships shall be provided with radar

apparatus, to allow their identification by the detecting apparatus

of belligerents and neutrals" was rejected. (20)

3928 Thus the new detection, identification and radiocommunication techniques used during the Second World War -- infrared light, radar

transponders, underwater acoustic systems -- were not applied at all

in 1947 to enhance the safety of medical transports on land, at sea

or in the air.

3929 However, these modern signalling and identification methods were discussed once again the following year at the XVIIth International

Conference of the Red Cross in Stockholm.

' 1948 -- XVIIth International Conference of the Red Cross, Stockholm, 20 - 30 August '

3930 After considering the draft texts prepared by the ICRC on the basis of the 1947 experts' report, the XVIIth Conference proposed the

following text for the identification and marking of medical

aircraft:

"They shall be provided with any other marking or means of identification that may agreed upon between the belligerents

upon the outbreak or during the course of hostilities. To

facilitate their identification, they shall endeavour to

inform the enemy of their route, altitude and time of

flight."

3931 No change was made to the requirement that medical aircraft be painted white and bear the distinctive emblem. (21)

3932 With regard to hospital ships, Article 40 adopted at Stockholm as part of the revision of Hague Convention X of 1907, supplemented and

replaced Article 24 of 1947 by providing for a distinctive light

signal and for radar and underwater acoustic identification:

"[...] A luminous red cross of maximum practicable size to be placed as high as possible above the superstructure, in such

a manner as to ensure maximum [p.1144] visibility from all

points of the horizon, both on the surface and from the air.

This cross shall consist of three luminous members, of which

one is vertical and two horizontal. Of the horizontal

members, one shall be placed lengthwise to the ship and the

other at right angles. The cross may have an automatic

switching mechanism to provide flashing and alternating

illumination of the two horizontal members." "[...] As soon as technically possible, all hospital

ships shall be provided with radar and underwater sound

apparatus, to permit their identification by the detecting

apparatus of belligerents and neutrals [...]" (22)

' 1949 -- Diplomatic Conference, Geneva, 21 April - 12 August '

3933 The draft revised Conventions prepared by the ICRC and approved by the XVIIth International Conference of the Red Cross in 1948 were

submitted to the Diplomatic Conference of 1949. They were referred to

Committee I of the Conference which used them as the basis for its

revision of the "Wounded and Sick" and "Maritime" Conventions.

Protective marking was discussed at considerable length by Committee

I and the Working Group on the conditions of naval warfare. The

report of Committee I to the plenary meeting of the 1949 Conference

states, in particular:

"As regards marking, the Committee dealt mainly with those on medical aircraft and hospital ships.

There was general agreement that in the present

conditions of aerial warfare, the red cross on a white ground

no longer constituted an easily recognizable emblem and

therefore no longer afforded effective protection. Aircraft

at present speeds can be recognized only by their general

shape; moreover, the most distinctive signs are quite

unrecognizable at night and ' a fortiori ' by wireless

controlled projectiles.

A new conception was therefore embodied in the

Conventions; belligerents are required to agree between

themselves on the routes to be followed by military aircraft,

and also the altitude and times of flight. Aircraft will only

be entitled to respect in so far as there has been previous

agreement on these points.

The Committee was unable to agree to a condition of a similar kind applicable to hospital ships, as it feared that

in notifying the enemy of the course they were to follow,

this would give valuable information regarding the safety of

navigation in certain maritime zones. Be this as it may,

there was unanimous agreement that the best means of ensuring

protection is to inform the enemy of the exact position of

the formation requiring protection. There is no question,

therefore, of camouflage; on the contrary everything will be

done to facilitate recognition. Further, the recommendation,

in the Maritime Convention, that belligerents shall only

employ vessels of over [p.1145] 2 000 tons gross as hospital

ships on the high seas is to be interpreted in this sense,

since the greater visibility of vessels of that size tends to

increase security." (23)

3934 In 1949 the experts' study of technical methods for marking and identifying medical aircraft and hospital ships produced only

suggestions regarding prior agreements to be concluded between the

Parties to the conflict, without actually identifying the technical

methods to be used.

3935 With regard to the use of radiocommunications, the 1949 Conference adopted Resolutions 6 and 7 annexed to the Geneva

Conventions of 12 August 1949. (24) The preamble of Resolution 6

explains the limited scope of the Conference's work in respect of

technical matters:

"[...] Whereas the present Conference has not been able to raise the question of the technical study of means of

communication between hospital ships, on the one hand, and

warships and military aircraft, on the other, since that

study went beyond its terms of reference [...]"

3936 The problem of underwater acoustic identification of hospital ships was not solved. It had been raised as early as 1917, in the

report on the activities of the Netherlands Red Cross during the

First World War submitted to the Xth International Conference of the

Red Cross (Geneva, 1921). The report contains the following passage:

"However, on 2 July 1917, thanks to the intervention of the Netherlands Government, an agreement was concluded whereby

the British and German Governments gave a reciprocal

undertaking to intern a certain number of prisoners of war

with us; in addition to the transport of these prisoners,

both civilian and military, disabled persons and medical

personnel would henceforth be exchanged. As a safeguard

against torpedo attacks, the German Government requested that

at least two paddle boats should sail in convoy, because only

the sound of paddle wheels can be identified at great

distances by submarines. The Zélande Company's ' Zélande '

and ' Koningin Regentes ' and Rotterdamsche Lloyd's

' Sindoro ' were assigned to serve as hospital ships. They

were provided with the distinctive marking prescribed for

hospital ships under the 1907 Convention and fitted out to

transport the sick, the mutilated and the mentally ill. The

number of berths was increased to 900. Boston was the English

port used, so the crossing could be made in 19 hours, but

because of the danger it took longer." (author's translation)

Some gaps subsisted after 1949, particularly in respect of the identification of hospital ships and medical aircraft by radar. That

method of identification had been used during the Second World War,

but only for "friendly" military aircraft and ships equipped with

radar transponders. Furthermore, the distinctive light signal for

hospital ships which had been mentioned, together with radar and

[p.1146] underwater sound apparatus, in the draft produced by the

XVIIth International Conference of the Red Cross at Stockholm, was

omitted from the text adopted in 1949.

3937 The use of the technical marking and identification methods proposed in 1949 in Article 40 of the draft "Maritime" Convention was

first discussed at length by Committee I of the Diplomatic Conference

and again proved to be a highly controversial issue when it was taken

up in the plenary meetings of the Conference. (25)

3938 Having failed to draw up regulations governing radiocommunication between hospital ships on the one hand and warships and military

aircraft on the other, the Conference adopted Resolution 6 on the

subject. Similarly, Resolution 7 relating to the notification by

hospital ships of their position by wireless was adopted in a plenary meeting. (26)

' 1949-1970 '

3939 After the Diplomatic Conference, as a follow-up to Resolutions 6 and 7, draft radio procedures were drawn up in 1950 by a group of

government experts and transmitted to the Swiss Government as the

depositary of the 1949 Geneva Conventions. They were revised by

experts at ICRC headquarters in 1959 and submitted to the

Plenipotentiary Conference of the International Telecommunications

Union (ITU) held the same year in Geneva. The draft procedures were

found to comply with ITU requirements, after modification of the

distress radio frequencies they contained.

3940 In 1961 the Swiss Federal Council transmitted the drafts to the States Parties to the Geneva Conventions, some of which accepted them

for unilateral application as internal regulations. Others stated

that they would rather apply international rules drawn up under the

egis of specialized international organizations (ITU, IMCO,

ICAO). (27)

3941 While these endeavours were being made to codify radiocommunications intended to facilitate the identification of

hospital ships, the effectiveness of the helicopter as a means of

medical transport was being demonstrated in the wars which broke out

in Asia from 1950 to 1953 and 1961 to 1975. That type of aircraft,

which was new at the time, enabled thousands of wounded to be

evacuated directly from the battlefield to field hospitals or

hospital ships. In addition, large cargo aircraft converted into

"flying hospitals" and operating on an intercontinental basis

repatriated the wounded more rapidly than had ever been the case

before.

3942 The development of such medical transports, which did not always display the protective sign, prompted organizations in a number of

countries to call for [p.1147] enhanced protection for such aircraft

in periods of armed conflict, so that they could be put to the

fullest possible use. In fact, Article 36

of the first Convention of

1949, and its equivalent in the Second Convention, Article 39

, grant

immunity to medical aircraft in conditions which are more restrictive

than those of Article 18

of the 1929 Convention which they replace.

Article 18

laid down three requirements for medical aircraft, namely:

-- they must be exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment;

-- they must bear the distinctive emblem, paintwork and prescribed markings;

-- they must not fly over the firing line, the front zone or enemy-occupied territory "in the absence of special and express

permission".

3943 Articles 36

and 39

of 1949 lay down a fourth requirement in addition to the above three: immunity is only granted to medical

aircraft "while flying at heights, times and on routes specifically

agreed upon between the belligerents concerned". Furthermore, prior

agreement between the belligerents is required to provide medical

aircraft with "any other markings or means of identification". (28)

3944 The inadequacy of purely visual marking for medical aircraft, together with technological developments in aerial warfare, are

briefly mentioned early in 1952 in an article of the "Revue

internationale de la Croix-Rouge". (29)

3945 Moreover, Articles 36

and 39

of 1949 were already regarded in 1954 as somewhat outdated. (30)

3946 These texts, published shortly after the commentary on Article 36, paragraph 2, suggesting that technical marking and identification

methods be studied, show that the absence of supplementary means of

identification, for which no specific provision has been made in

1949, continued to cause serious concern. More and more attention

started to be paid to this shortcoming, which was contrasted with the

unremitting development of detection, location and identification

techniques for civil or military application. It should be borne in

mind that a radar identification system for military aircraft and

ships was used from the very beginning of the Second World War.

3947 A large number of specialists from different countries attended the IIIrd International Congress on Vertical flight at San Remo from

24 to 26 April 1954 and adopted a resolution requesting the ICRC to

study the bases for regulations which would afford better wartime

protection to helicopters used for medical purposes. (31)

3948 The International Bulletin of the Army, Navy and Air force Medical Services (Liège, April 1957) published a communication dated

April 1956 and announcing [p.1148] the destruction of a medical

helicopter during the fighting in the far East. The authors called

for the revision of the first Convention, pointing out that Article

36 did not take into account the technical conditions of helicopter

use and emphasizing that a new text was needed. (32)

3949 In 1965 General E. Evrard, Head of the Medical Service of the Belgian Air force, published a study on the protection of medical

aircraft which mentions a number of societies, legal bodies and

specialists involved in studying the question since 1949. He too

advocates the use of additional means of identification, such as

luminous signals, radio and radar transponders. (33)

3950 In 1965 the Commission médico-juridique de Monaco drew up draft regulations relating to medical transport by air in time of armed

conflict. Article 4 contemplated a continuous system of light signals

or instantaneous electrical and radio identification, or possibly

both, over and above the distinctive emblem on a white ground. These

additional means of identification are described in an annex to the

draft regulations. (34)

3951 The draft of the Commission médico-juridique de Monaco and General Evrard's study were published in the International Review of

the Red Cross in October and July 1966.

3952 Turning to the maritime aspect, hospital ships -- which were still in service during the Asian conflicts following the Second

World War -- seemed destined to be superseded sooner or later by

medical a ircraft. (35) After 1949 their protection did not give rise

to any serious problems; nevertheless, the ICRC consulted the meeting

of experts it convened in Geneva in 1970 about the use of additional

means of identification for such ships. (36)

3953 Since the Oslo Conference in 1947, the protection of rescue craft in periods of armed conflict has been receiving attention from the

International Life-Boat Conference (ILC), which meets every four

years. The problem was described in detail by Professor Gilbert

Gidel, President of the French Central Society for Rescue of the

Shipwrecked, after the VIIth International Life-Boat Conference (ILC)

held at Estoril (Portugal) on 16 June 1955, which adopted an

important resolution relating to Article 27

of the Second Convention

and lifeboat crews. (37)

3954 The ILC has continued its work in this area since the Diplomatic Conference of 1974-1977, to which it was not invited because matters

relating to naval warfare did not come within the purview of the

Conference.

3955 Because of their specific nature, the rules of humanitarian law relating to maritime warfare were not included among the subjects to

be studied with a view to the reaffirmation and development of the

laws and customs applicable in armed conflicts, which had been placed

on the agenda of the XXIst International [p.1149] Conference of the

Red Cross (Istanbul, 1969). One of the experts consulted by the ICRC

in February 1969 nevertheless pointed out that humanitarian law

applicable to naval warfare also needed to be reviewed as a matter of

some urgency. (38)

' The Diplomatic Conference of 1974-1977 '

3956 The XXIst International Conference of the Red Cross adopted Resolution XIII entitled "Reaffirmation and Development of the Laws

and Customs applicable in Armed Conflicts" requesting the ICRC to

propose rules which would supplement the existing humanitarian law

and to invite governmental experts to meet for consultations with the

ICRC on those proposals.

3957 With regard to marking and identification, the ICRC deemed it necessary first and foremost to hold consultations on an individual

and private basis with qualified experts in technical methods of

detection, identification and communication.

3958 The outcome of these consultations, which took place in 1970, will be discussed, together with the preparatory work for the

Diplomatic Conference and the work of the Technical Sub-Committee, in

the introduction to Chapter III ' (Distinctive signals) ' of Annex I.

The study of distinctive signals on the basis of the draft Annex

accounted for a very substantial share of the work performed by

Committee II's Sub-Committee at the Diplomatic Conference.

3959 The international distinctive sign of civil defence given in Chapter V of the draft Annex -- an equilateral blue triangle on an

orange ground -- was finally adopted at the eighty-ninth meeting of

Committee Il on 6 May 1977. Chapter V of the draft Annex was

finalized when Committee II adopted Article 59 of draft Protocol

I. (39)

3960 In Article 49, paragraph 3, of draft Protocol I, the ICRC provided for works and installations containing dangerous forces to

be marked by means of a visual sign. At the fourth session of the

Conference, Committee III, which was responsible for studying draft

Article 49, set up a Sub-Working Group on the international special

sign for works and installations containing dangerous forces. The

sign proposed by the Sub-Working Group -- three bright orange circles

placed in a line -- was adopted, together with Article 49, by

Committee III at its fifty-ninth meeting on 10 May 1977. The Drafting

Committee decided to include that article in Annex I to Protocol

I. (40)

3961 Draft Annex I and the three resolutions, as revised by Committee II at the fourth session, were finally adopted by consensus at the

last meeting of Committee II on 20 May 1977. (41)

[p.1150] 3962 The Diplomatic Conference adopted Annex I by consensus at its forty-eight plenary meeting on 1 June 1977, together with Article

18bis of draft Protocol I which became Article 98

' (Revision of

Annex I) ' in the final version of Protocol I. The three draft

resolutions drawn up by the Technical Sub-Committee were adopted by

consensus at the fifty-fourth plenary meeting of the Conference on 7

June 1977. (42)

Resolutions

3963 The follow-up to Resolutions 17, 18 and 19 in the period following the Diplomatic Conference up until the end of 1985 will be

discussed in the commentary on the articles concerned.

' Ph.E. '

NOTES (1) [(1) p.1137] O.R. I, Part III, p. 28;

(2) [(2) p.1137] O.R. XI p. 5 CDDH/II/SR.1, para. 4; pp. 83-91, CDDH/II/SR.11, paras. 2, 5, 53-66; pp. 93-95,

CDDH/II/SR. 12, paras. 1-18. O.R. XIII, pp. 23-51,

CDDH/49/Rev.1, Annex II, Appendices I-III; p. 159

CDDH/221/Rev.1, para. 260. Approval by Committee II, at

the second session in 1975, of the report prepared by the

Technical Sub-Committee at the first session of the

Conference: O.R. V, p. 226, CDDH/SR.22, para. 5. O.R. XII,

pp. 165-174, CDDH/II/SR.70, paras. 1-62, report of the

Technical Sub-Committee, third session; pp. 175-185,

CDDH/II/SR.71, paras. 1-87;

(3) [(3) p.1138] O.R. XII, pp. 178-179, CDDH/II/SR.71, paras. 21, 27-30;

(4) [(4) p.1138] O.R. XIII, pp. 266-269, CDDH/235/Rev.1, paras. 50-66;

(5) [(5) p.1138] O.R. II, p. 466, CDDH/SEC/INF.1, Vol.1 (31 January 1977, p. 135); p. 656, CDDH/404/ Rev.1, para. 6;

(6) [(6) p.1138] O.R. XIII, pp. 373-375 CDDH/406/Rev.1, paras. 59-62;

(7) [(7) p.1138] O.R. XV, p. 456, CDDH/407/Rev.1, para. 31; pp. 471-473, Annex I;

(8) [(8) p.1138] O.R. VII pp. 52-57, CDDH/SR.48, paras. 11-19 and Annex. O.R. III, pp. 369-402, amendments to the draft

Annex, comparative table;

(9) [(9) p.1139] First Convention, Art. 36; Second Convention, Art. 43; Protocol I, Art. 8, sub-para. (m), and Art. 18,

paras. 5-6; Annex I, Art. 5, para. 2; CE/7b, Part II, pp.

39-77, particularly pp. 39, 40, 43, 44; CE 1971, Report,

p. 36, Annex IV; CE 1972, ' Technical Memorandum ';

(10) [(10) p.1139] O.R. XII, pp. 178-179, CDDH/II/SR.71, paras. 21-30; pp. 167-168, CDDH/II/SR.70, paras. 14-16, on the

meaning of "identification" and "recognition";

(11) [(11) p.1140] Resolution XXII: see RICR, October 1930, p. 862 (in French only). Resolution XXIII: see RICR, November

1934, p. 896 (in French only);

(12) [(12) p.1141] Resolution XXXIII: see RICR, April 1937, p. 409 (in French only);

(13) [(13) p.1141] ' RICR ', February 1935, pp. 77-79; ibid., March 1936, pp. 177-203 (in French only);

(14) [(14) p.1141] ' RICR ', March 1936, pp. 204-207: Tests by the Dutch Air Force. RICR, May 1936, pp. 408-412: Tests by

the Swiss Air Force (in French only);

(15) [(15) p.1141] ' RICR ', April 1937, pp. 409-448 (in French only);

(16) [(16) p.1142] ICRC 1938, Document No. 11 a, XVIth International Conference of the Red Cross, London, June

1938, pp. 1, 2, 22, 23, 25, 26, 27, 56-79;

(17) [(17) p.1142] ICRC, Report submitted to the XVIth International Conference of the Red Cross (London, 1938)

(text of the Draft Revised Maritime Convention adopted by

the Commission of Naval Experts which met at Geneva on

June 15th, 1937), Document No. 2 a, Annex, pp. 65-75

(Articles 15 and 24);

(18) [(18) p.1142] ICRC, January 1947, Report on the Work of the Preliminary Conference of National Red Cross Societies

for the study of the Conventions and of various Problems

relative to the Red Cross, Geneva, July 26 -- August 3,

1946, pp. 57-64;

(19) [(19) p.1143] ICRC, 1947, Report on the Work of the Conference of Government Experts for the Study of the

Conventions for the Protection of War Victims (Geneva, April 14 - 26, 1947), pp. 1-11, 44-47;

(20) [(20) p.1143] Ibid., pp. 97-99;

(21) [(21) p.1143] ICRC Archives. Files of the XVIIth International Conference of the Red Cross, Stockholm,

August 1948, summary of the debates of the Legal

Commission's Sub-Commissions, pp. 12-19, 23 (in French

only);

(22) [(22) p.1144] ' Final Record of the Diplomatic Conference of Geneva, 1949 ', Vol. I, draft Conventions approved by

the XVIIth International Conference of the Red Cross, pp.

53, 68;

(23) [(23) p.1145] Ibid., Vol. II, Section A, pp. 187-188;

(24) [(24) p.1145] Ibid., Vol. I, p. 362;

(25) [(25) p.1146] Ibid., Vol. II, Section A, pp. 163-164; Vol. II, Section B, pp. 262-265;

(26) [(26) p.1146] Ibid.,vol. II, Section A, p. 162; Vol. II, Section B, pp. 489-492; Vol. III, p. 178, draft resolution

390;

(27) [(27) p.1146] ' CE/7b ', pp. 66-73. RICR, August 1959, pp. 375-391 and 426-423 (in French only). ' IRRC ', May 1961,

p. 103;

(28) [(28) p.1147] ' Commentary I ', pp. 288-290 (Art. 36). G. Schwarzenberger, "The Law of Air Warfare and the Trend

toward Total War", in ' Mélanges Gilbert Gidel ', Paris,

1969, pp. 537-538;

(29) [(29) p.1147] R.J. Wilhelm, "Les Conventions de Genève et la guerre aérienne", ' RICR ', January 1952, p. 10,

particularly p. 31, note 1;

(30) [(30) p.1147] M. Le Goff, ' Manuel de Droit Aérien ', Paris, 1954. Id., "La guerre aérienne", ' Revue générale

de l'Air ', No. 2, Paris, 1955;

(31) [(31) p.1147] ' RICR ', June 1954, p. 511 (in French only);

(32) [(32) p.1148] ' RICR ', August 1957, p. 464 (in French only);

(33) [(33) p.1148] E. Evrard, "Legal Protection of Aero-Medical Evacuation in War-Time", in 12 ' Annales de droit

international médical ', Monaco, 1965, and 1RRC, July

1966, p. 343;

(34) [(34) p.1148] Commission médico-juridique de Monaco, 1965, resolutions (4 June 1966), and IRRC, October 1966, p. 534;

CE/7b, pp. 50, 56;

(35) [(35) p.1148] J.H. Plumridge, ' Hospital Ships and Ambulance Trains ', London, 1975, p. 159;

(36) [(36) p.1148] The consultation proved extremely valuable, and the experience of the six hospital ships operated by

the belligerents in the south Atlantic in 1982 showed that

additional methods of identification and marking are

essential;

(37) [(37) p.1148] G. Gidel, "La protection des embarcations de sauvetage", ' RICR ', September 1955, p. 549;

(38) [(38) p.1149] ICRC, D.S. 4 a, b, e, XXIst International Conference of the Red Cross, Istanbul, September 1969,

report submitted by the ICRC, pp. 31, 33;

(39) [(39) p.1149] O.R. XIII, pp. 374-375, CDDH/406/Rev. 1, paras. 60-62;

(40) [(40) p.1149] O.R. XV, p. 456, CDDH/407/Rev.1, para. 31; . 471, Annex; p. 486(Art. 49); pp. 505-506, Protocol II

Art. 28);

(41) [(41) p.1149] O.R. XII, pp. 489-490, CDDH/II/SR. 101, paras. 26-33;

(42) [(42) p.1150] O.R. VII, pp. 52-54, CDDH/SR.48, paras. 11-19; p. 171, CDDH/SR.54, paras. 44-45;