In America's Best Interests: 1977 Additional Protocol I to the Geneva Conventions, Redux

摘要

Protocol I to the famous 1949 Geneva Conventions expanded the protection afforded to victims of international armed conflicts, incorporating 'a wide range of provisions regarding protection of the wounded and sick, methods and means of warfare, and protection of the civilian population and civilian objects from dangers arising from hostilities.' The United States signed the accord in December of 1977, but soon after, Protocol I become a lightning rod of controversy for some domestic critics. This paper will show that it is in America's best interests to revisit her decision to reject Protocol I, and if possible, to ratify it. But even failing that as a realistic option, the United States should and must make clear its position on the Protocol, openly embracing and supporting those provisions which codify existing customary international law or constitute positive developments in the Law of War, while specifically noting which articles it finds objectionable, and laying out a sound, reasonably articulable basis for those objections. Doing so will enhance U.S. relations and military operations with its closest allies, provide its own military forces the clear and understandable guidance they need, and secure a crucial opportunity for the United States to take a leading role in the advancement of international humanitarian law.