Practice question
A State party accepts that the authority and conflict satisfy the applicable Article 96(3) conditions and a valid declaration has taken effect. It nevertheless says its own persons receive treaty protection while the qualifying authority’s protected persons receive none solely because of their cause. Which is correct?
- Every qualifying declaration binds only the weaker side
- The equal-binding provision and preamble do not support that one-sided cause-based denial
- The government may erase all treaty effects by dislike
- The preamble requires political discrimination
- Only persons of neutral nationality can ever be protected
Legal references
- Additional Protocol I Article 96(3): https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-96; paragraphs (b)-(c).
- Additional Protocol I preamble: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/preamble
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