Public International Law Volume Ii
Public International Law Volume Ii
Answer First
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PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II
(c) The Commission shall not report its findings publicly,
unless all the Parties to the conflict have requested the
Commission to do so.
6. The Commission shall establish its own rules, including
rules for the presidency or the Commission and the
presidency of the Chamber. Those rules shall ensure that
the functions of the President of the Commission are
exercised at all times and that, in the case of an inquiry,
they are exercised by a person who is not a national of a
Party to the conflict.
7. The administrative expenses of the Commission shall
be met by contributions from the High Contracting
Parties which made declarations under paragraph 2, and
by voluntary contributions. The Party or Parties to the
conflict requesting an inquiry shall advance the necessary
funds for expenses incurred by a Chamber and shall be
reimbursed by the Party or Parties against which the
allegations are made to the extent of 50 per cent of the
costs
of
the
Chamber.
Where
there
are
counter-allegations before the Chamber each side shall
advance 50 per cent of the necessary funds.
Art 91. Responsibility
A Party to the conflict which violates the provisions of the
Conventions or of this Protocol shall, if the case demands,
be liable to pay compensation. It shall be responsible for
all acts committed by persons forming part of its armed
forces.
Part IV. Final Resolutions
Art 92. Signature
This Protocol shall be open for signature by the Parties to
the Conventions six months after the signing of the Final
Act and will remain open for a period or twelve months.
Art 93. Ratification
This Protocol shall be ratified as soon as possible. The
instruments of ratification shall be deposited with the
Swiss Federal Council, depositary of the Conventions.
Art 94. Accession
This Protocol shall be open for accession by any Party to
the Conventions which has not signed it. The instruments
of accession shall be deposited with the depositary.
Art 95.- Entry into force
1. This Protocol shall enter into force six months after two
instruments
of
ratification
or
accession
have
been
deposited.
2. For each Party to the Conventions thereafter ratifying
or acceding to this Protocol, it shall enter into force six
months after the deposit by such Party of its instrument
of ratification or accession.
Art 96. Treaty relations upon entry into force or this
Protocol
1. When the Parties to the Conventions are also Parties to
this
Protocol,
the
Conventions
shall
apply
as
supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by
this Protocol, the Parties to the Protocol shall remain
bound
by
it
in
their
mutual
relations.
They
shall
furthermore be bound by this Protocol in relation to each
of the Parties which are not bound by it, if the latter
accepts and applies the provisions thereof.
3. The authority representing a people engaged against a
High Contracting Party in an armed conflict of the type
referred to in Article 1, paragraph 4, may undertake to
apply the Conventions and this Protocol in relation to that
conflict by means of a unilateral declaration addressed to
the depositary. Such declaration shall, upon its receipt by
the
depositary, have in relation to that conflict the
following effects:
(a) the Conventions and this Protocol are brought into
force for the said authority as a Party to the conflict with
immediate effect;
(b) the said authority assumes the same rights and
obligations as those which have been assumed by a High
Contracting Party to the Conventions and this Protocol;
and
(c) the Conventions and this Protocol are equally binding
upon all Parties to the conflict.
Art 97. Amendment
1. Any High Contracting Party may propose amendments
to this Protocol. The text of any proposed amendment
shall be communicated to the depositary, which shall
decide, after consultation with all the High Contracting
Parties and the International Committee of the Red Cross,
whether a conference should be convened to consider
the proposed amendment.
2. The depositary shall invite to that conference all the
High Contracting Parties as well as the Parties to the
Conventions, whether or not they are signatories or this
Protocol.
Art 98. Revision of Annex I
1. Not later than four years after the entry into force of this
Protocol and thereafter at intervals of not less than four
years, the International Committee of the Red Cross shall
consult the High Contracting Parties concerning Annex I
to this Protocol and, if it considers it necessary, may
propose a meeting of technical experts to review Annex I
and to propose such amendments to it as may appear to
be
desirable.
Unless,
within
six
months
of
the
communication of a proposal for such a meeting to the
High Contracting Parties, one third of them object, the
International Committee of the Red Cross shall convene
the
meeting,
inviting
also
observers
of
appropriate
international organizations. Such a meeting shall also be
convened by the International Committee of the Red
Cross at any time at the request of one third of the High
Contracting Parties.
2. The depositary shall convene a conference of the High
Contracting Parties and the Parties to the Conventions to
consider
amendments
proposed
by
the meeting of
technical experts if, after that meeting, the International
Committee of the Red Cross or one third of the High
Contracting Parties so request.
3. Amendments to Annex I may be adopted at such a
conference
by
a
two-thirds
majority
of
the
High
Contracting Parties present and voting.
4. The depositary shall communicate any amendment so
adopted to the High Contracting Parties and to the
Parties to the Conventions. The amendment shall be
considered to have been accepted at the end of a period
of one year after it has been so communicated, unless
within that period a declaration of non-acceptance of the
amendment has been communicated to the depositary
by not less than one third of the High Contracting Parties.
5. An amendment considered to have been accepted in
accordance with paragraph 4 shall enter into force three
months after its acceptance for all High Contracting
Parties other than those which have made a declaration
of non-acceptance in accordance with that paragraph.
Any Party making such a declaration may at any time
withdraw it and the amendment shall then enter into
force for that Party three months thereafter.
6. The depositary shall notify the High Contracting Parties
and the Parties to the Conventions of the entry into force
of any amendment, of the Parties bound thereby, of the
date of its entry into force in relation to each Party, of
declarations of non-acceptance made in accordance with
paragraph 4, and of withdrawals of such declarations.
Article 99 - Denunciation
1. In case a High Contracting Party should denounce this
Protocol, the denunciation shall only take effect one year
after
receipt
of
the
instrument
of
denunciation.
If,
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