Section 68p. 68

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

5.

The

Parties

to

the

conflict

may

agree

on

the

establishment of non-defended localities even if such

localities

do

not

fulfil

the

conditions

laid

down

in

paragraph 2. The agreement should define and describe,

as precisely as possible, the limits of the non-defended

locality; if necessary, it may lay down the methods of

supervision.

6. The Party which is in control of a locality governed by

such an agreement shall mark it, so far as possible, by

such signs as may be agreed upon with the other Party,

which shall be displayed where they are clearly visible,

especially on its perimeter and limits and on highways.

7. A locality loses its status as a non-defended locality

when its ceases to fulfil the conditions laid down in

paragraph 2 or in the agreement referred to in paragraph

5. In such an eventuality, the locality shall continue to

enjoy the protection provided by the other provisions of

this Protocol and the other rules of international law

applicable in armed conflict.

Art 60. Demilitarized zones

1. It is prohibited for the Parties to the conflict to extend

their military operations to zones on which they have

conferred by agreement the status of demilitarized zone,

if

such

extension

is

contrary

to

the

terms

of

this

agreement.

2. The agreement shall be an express agreement, may be

concluded verbally or in writing, either directly or through

a

Protecting

Power

or

any

impartial

humanitarian

organization,

and

may

consist

of

reciprocal

and

concordant

declarations.

The

agreement

may

be

concluded in peacetime, as well as after the outbreak of

hostilities, and should define and describe, as precisely as

possible, the limits of the demilitarized zone and, if

necessary, lay down the methods of supervision.

3. The subject of such an agreement shall normally be any

zone which fulfils the following conditions:

(a) all combatants, as well as mobile weapons and mobile

military equipment, must have been evacuated;

(b)

no

hostile

use

shall

be

made

of fixed military

installations or establishments;

(c)

no

acts

of

hostility

shall

be committed by the

authorities or by the population; and

(d) any activity linked to the military effort must have

ceased.

The

Parties

to

the

conflict

shall

agree

upon

the

interpretation to be given to the condition laid down in

subparagraph (d) and upon persons to be admitted to

the demilitarized zone other than those mentioned in

paragraph 4.

4.

The

presence,

in

this

zone,

of

persons

specially

protected under the Conventions and this Protocol, and

of

police

forces

retained

for

the

sole

purpose

of

maintaining

law

and

order,

is

not

contrary

to

the

conditions laid down in paragraph 3.

5. The Party which is in control of such a zone shall mark

it, so far as possible, by such signs as may be agreed upon

with the other Party, which shall be displayed where they

are clearly visible, especially on its perimeter and limits

and on highways.

6. If the fighting draws near to a demilitarized zone, and if

the Parties to the conflict have so agreed, none of them

may use the zone for purposes related to the conduct of

military operations or unilaterally revoke its status.

7. If one of the Parties to the conflict commits a material

breach of the provisions of paragraphs 3 or 6, the other

Party shall be released from its obligations under the

agreement

conferring

upon

the

zone the status of

demilitarized zone. In such an eventuality, the zone loses

its status but shall continue to enjoy the protection

provided by the other provisions of this Protocol and the

other rules of international law applicable in armed

conflict.

Chapter VI. Civil defence

Art 61. - Definitions and scope

For the purpose of this Protocol:

(a) "civil defence" means the performance of some or all

of the undermentioned humanitarian tasks intended to

protect the civilian population against the dangers, and

to help it to recover from the immediate effects, of

hostilities or disasters and also to provide the conditions

necessary for its survival. These tasks are:

(i) warning;

(ii) evacuation;

(iii) management of shelters;

(iv) management of blackout measures;

(v) rescue;

(vi) medical services, including first aid, and religious

assistance;

(vii) fire-fighting;

(viii) detection and marking of danger areas;

(ix) decontamination and similar protective measures;

(x) provision of emergency accommodation and supplies;

(xi)

emergency

assistance

in

the

restoration

and

maintenance of order in distressed areas;

(xii) emergency repair of indispensable public utilities;

(xiii) emergency disposal of the dead;

(xiv) assistance in the preservation of objects essential for

survival;

(xv) complementary activities necessary to carry out any

of the tasks mentioned above, including, but not limited

to, planning and organization;

(b)

"civil

defence

organizations"

means

those

establishments and other units which are organized or

authorized by the competent authorities of a Party to the

conflict to perform any of the tasks mentioned under

sub-paragraph (a), and which are assigned and devoted

exclusively to such tasks;

(c) "personnel" of civil defence organizations means those

persons assigned by a Party to the conflict exclusively to

the

performance

of

the

tasks

mentioned

under

sub-paragraph (a), including personnel assigned by the

competent authority of that Party exclusively to the

administration of these organizations;

(d)

"matériel"

of

civil

defence

organizations

means

equipment,

supplies

and

transports

used

by

these

organizations

for

the

performance

of

the

tasks

mentioned under sub-paragraph (a).

Art 62. General protection

1. Civilian civil defence organizations and their personnel

shall

be

respected

and

protected,

subject

to

the

provisions of this Protocol, particularly the provisions of

this section. They shall be entitled to perform their civil

defence

tasks

except

in

case of imperative military

necessity.

2. The provisions of paragraph 1 shall also apply to civilians

who, although not members of civilian civil defence

organizations, respond to an appeal from the competent

authorities and perform civil defence tasks under their

control.

3. Buildings and matériel used for civil defence purposes

and shelters provided for the civilian population are

covered by Article 52. Objects used for civil defence

purposes may not be destroyed or diverted from their

proper use except by the Party to which they belong.

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