ICRC databases on international humanitarian law
Treaties and Documents
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.
Interpretative declarations made at the time of ratification.
"- With reference to Protocol I in its entirety:
It is the understanding [of the Government of Spain] that this Protocol, within its specific scope applies exclusively to conventional weapons, and without prejudice to the rules of International Law governing other types of weapons.
- Article 1, paragraph 4 and Article 96. paragraph 3:
These articles shall be interpreted in accordance with the Principle contained in Article 2, paragraph 4 of the United Nations Charter, as developed and reaffirmed in the following texts:
1. Operative paragraph 6 of Resolution 1514 (XV) of the United Nations General Assembly, 14 December 1960.
2. The final paragraph relative to the principle of equal rights and self-determination of peoples, of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among
States in accordance with the Charter of the United Nations, approved in Resolution 2625 (XXV) of the United Nations General Assembly on 24 October 1970.
- Articles 41, 56, 57, 58, 78 and 86:
It is the understanding [of the Government of Spain] that in Articles 41, 56, 57, 58, 78 and 86 the word "feasible" means that the matter to which reference is made is practicable or practically possible taking into account all circumstances at the time when the situation arises, including humanitarian and military considerations.
- Article 44, paragraph 3:
It is understood that the criteria mentioned in sub-paragraph b of Article 44(3) on the distinction between combatants and civilians can be applied only in occupied territories. The Spanish Government also interprets the expression "military deployment" to mean any movement towards a place from which or against which an attack is going to be launched.
- Articles 51-58:
It is the understanding [of the Spanish Government] that the decision made by military commanders, or others with the legal capacity to plan or execute attacks which may have repercussions on civilians or civilian objects or similar objects, shall not necessarily be based on anything more than the relevant information available at the time and which it has been possible to obtain to that effect.
- Articles 51, 52 and 57:
It is the understanding [of the Spanish Government] that the "military advantage" which these articles mention refers to the advantage expected from the attack as a whole and not from isolated parts of it.
- Article 52, paragraph 2:
It is the understanding [of the Spanish Government] that the capture or holding of a specific area of territory constitutes a military objective when all the conditions set out in this paragraph together offer a concrete military advantage taking into account the circumstances at the relevant time".
SOURCE: Notification by the depositary addressed to the ICRC on 24 November 1989.
Ratification / Accession
Reservation / Declaration