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1949 Conventions and Additional Protocols, and their Commentaries
Historical Treaties and Documents
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.
Declarations made at the time of ratification.
"It is the understanding of the Government of Italy that the rules relating to the use of weapons introduced by Additional Protocol I were intended to apply exclusively to conventional weapons. They do not prejudice any other rule of international law applicable to other types of weapons.
The Italian Government understands, in relation to Articles 41, 56, 57, 58, 78 and 86 that the word "feasible" is to be understood as practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.
The situation described in the second sentence of paragraph 3 of Article 44 can exist only in occupied territory.
The word deployment in paragraph 3 (b) means any movement towards a place from which an attack is to be launched.
In relation to Articles 51 to 58 inclusive, the Italian Government understands that military commanders and other responsible for planning, deciding upon or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is available to them at the relevant time.
In relation to paragraph 5 (b) of Article 51 and paragraph 2 (a) (iii) of Article 57, the Italian Government understands that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack as a whole and not only from isolated or particular parts of the attack.
A specific area of land may be a "military objective" if, because of its location or other reasons specified in Article 52, its total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers definite military advantage.
The first sentence of paragraph 2 of the Article prohibits only such attacks as may be directed against non-military objectives. Such a sentence does not deal with the question of collateral damage caused by attacks directed against military objectives.
If and so long as the objectives protected by Article 53 are unlawfully used for military purposes, they will thereby lose protection.
Italy will react to serious and systematic violations by an enemy of the obligations imposed by Additional Protocol I and in particular its Articles 51 and 52 with all means admissible under international law in order to prevent any further violation."
Ratification / Accession
Reservation / Declaration
Declaration Article 90