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Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005

Commentary - Amendment

Article 13 - Amendment

1. Paragraph 1
This provision is taken verbatim from Article 97

, paragraph 1, of Additional Protocol I and Article 24

, paragraph 1, of Additional Protocol II, though with one exception: the latter provisions mention only the ICRC (in addition to the High Contracting Parties) for consultation on a proposed amendment. The Commentary indicates that the consultation with the ICRC is meant to be a recognition of its role in the codification and development of humanitarian law. [72] The fact that the particular subject of the emblem concerns the other components of the Movement, and the role played by the International Federation in the elaboration of Additional Protocol III, easily explain why the Federation should also be consulted in all proceedings related to potential amendments.

2. Paragraph
This provision is identical to Article 97

, paragraph 2, of Additional Protocol I and Article 24

, paragraph 2, of Additional Protocol II. It is sufficient, therefore, to refer to the commentary

on those provisions.[73]

Notes

72. See Commentary on Protocol , above note 17, p. 1095 (§ 3783).

73. Ibid., pp. 1096-1097 (§§ 3786-3790).