Practice question
After a valid Article 96(3) declaration in a qualifying conflict, one side says equal binding means only equal political recognition and no humanitarian obligations. Which is best?
- Paragraphs (b)-(c) expressly concern treaty rights, obligations and equal binding, not merely a political slogan
- The declaration abolishes every humanitarian rule
- Only diplomatic status can ever be addressed
- The treaty says nothing about obligations
- Political popularity replaces the operative text
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
Answer this question in flashcards to review your response and continue practicing.