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tional Armed Conflicts refer in detail to the occupation period and contain important provi-
sions on the regime of civilians under occupation, determine the legal conditions of work,
guarantee the free passage of relief consignments and the right of departure of inhabitants
that are not subject of the occupied stated. In addition they forbid recruitment, expatriation
and settlement. Generally they refer not only to the rights but the duties of the occupation
forces as well as the equivalent rights and duties of the citizens of the occupied state .
24
a few cOMMents
There is no doubt that the contribution of all the 1949 Geneva Conventions was important
and decisive for the development of the international law of armed conflicts. Also the adop-
tion of the two Additional Protocols was very important. However the existing regime should
not be described as absolutely satisfactory, as there is still space for improvement. Several
points have to be clarified and many omissions to be added . at this point a clarification has
25
to be given in order to avoid misunderstandings. According to article 4 of the Convention on
the protection of civilian persons in time of war, nationals of States which are not bounded by
the Convention are not protected by it. However, further down in the same convention, article
13 extends the enforcement of its Part II referring to the protection in general of populations
against certain consequences of war, to the population of all countries in conflict, without any
adverse distinction based on race, nationality, religion or political opinion. This last article
gives the impression that it reverses partially article 4. No matter though how things are and
how the article is interpreted, it should be taken into consideration that all the substantial
parts of the Geneva Convention and all other Conventions referring to humanitarian law
that were signed in 1949 in Geneva, consist nowadays a customary law. Consequently, all
relative rules and provisions contained are valid for all states independently. We cannot say
that the rules of these conventions are valid as jus inter partes only for the contracting-states.
It must also be pointed out that the principle of reciprocity does not apply to the enforce-
ment of humanitarian laws. For this reason the amendment of paragraph 2 of article 96 of
the first Additional Protocol, would be a considerable improvement. This provision refers to
the application of the Protocol by a non-contracting party, under reciprocity conditions. The
protocol is though additional and its provisions mainly clarify and explain in detail the im-
plementation of humanitarian law and such a provision should not there appear . it is worth
26
mentioning the impressive extract from the American Commander’s Handbook on the Law
of Naval Operations: “the concept of reciprocity is not applicable to humanitarian rules of
law that protect the victims of armed conflicts, that is, those persons protected by the 1949
Geneva Conventions” .
27

24 Geneva Convention (IV) Part III, Section 3 and Additional Protocol I Part III, Section 4. Article 14 of the
General Regulation of the Hellenic Army prohibits the conviction without trial from a court that operates
according to all legal guarantees foreseen by the Law. The same article (par. 15) also forbids the recruitment
of adversary citizens and their enforcement to participate to operations against their own country.
25 See CHATZIKONSTANTINOU K., “Problems and Speculations regarding a code on war crimes” pp. 82-3.

26 POLITIS S., “The Implementation of International Humanitarian Law to Maritime Warfare”.

27 See U.S.N., The Commander’s Handbook on the Law of Naval Operations, p. 6-3. čπčč čččč πčččččččč
6.2.4. ččččččččččč ččč: Reciprocity: Some obligations under the la w of armed conflict are reciprocal in