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Convention of Huyenkula

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Convention of Huyenkula

Emblem of the Micras Treaty Organization, joint depositary of the Convention
Long name Convention of Huyenkula on the Conduct of Armed Conflict and the Protection of Persons in Wartime
Type Multilateral humanitarian treaty open to all states recognized by the Micras Cartography Society
Context Proposal of Secretary-General Túpac Mendoza to establish a comprehensive framework for the conduct of international armed conflict, including the treatment of prisoners of war, the protection of civilians, the protection of medical and humanitarian personnel, and the protection of cultural property and religious sites
Drafted 1755 AN
Signed Pending
Location MTO Headquarters, Huyenkula, Order of the Holy Lakes
Effective Pending
Condition Ratification by signatory states in accordance with their own constitutional procedures
Expiration None
Negotiators Office of the Secretary-General of the Micras Treaty Organization
Signatories Pending
Parties Pending
Ratifiers Pending
Depositary Joint depositary: Micras Treaty Organization and Order of the Holy Lakes
Languages Istvanistani
Related treaties
Notes: Open to all states recognized by the Micras Cartography Society. Bureau of Humanitarian Coordination roles operate only with respect to State Parties that are members of the Micras Treaty Organization.

The Convention of Huyenkula, formally the Convention of Huyenkula on the Conduct of Armed Conflict and the Protection of Persons in Wartime, is a proposed multilateral humanitarian treaty drafted under the auspices of the Micras Treaty Organization and open to all states recognized by the Micras Cartography Society. The Convention establishes a comprehensive framework governing the conduct of international armed conflict between State Parties, with specific protections for prisoners of war, civilians, medical and humanitarian personnel, and cultural property and religious sites. The Convention was introduced by Secretary-General Túpac Mendoza at the first General Assembly session of his term in 1755 AN.

Although drafted under the auspices of the Micras Treaty Organization and operating in coordination with the Bureau of Humanitarian Coordination established under the Convention on the Coordination of Humanitarian Missions, the Convention is open to ratification by any sovereign state recognized by the Micras Cartography Society, whether or not that state is a member of the MTO. The Convention is the first multilateral humanitarian-law instrument to be opened to all MCS-recognized states since the Convention on the Laws of the Seas was severed from MTO ancillary status in 1709 AN, and reflects the Secretariat's view that the protections set out in the Convention are of a character that should be available to all peoples of Micras regardless of their state's membership in the Organization.

The Convention recognizes the Organisation of Red Symbol Societies (ORSS) and its member societies as the established humanitarian partners of the Convention. The protected symbols of all ORSS member societies are accorded specific protection under the Convention, and ORSS member societies are guaranteed access to prisoners of war and to civilian populations affected by conflict.

The Convention likewise recognizes the Organisation of Blue Symbol Societies (OBSS) and its member societies as the established cultural heritage partners of the Convention. The protected symbols of all OBSS member societies are accorded specific protection when displayed on cultural property, on religious sites, or in connection with cultural heritage protection activities, and OBSS member societies are afforded a consultative role in the registration and monitoring of sites under enhanced protection.

The Convention is held in joint depositary by the Micras Treaty Organization and the Order of the Holy Lakes. Instruments of ratification, accession, and withdrawal are deposited with both institutions, each of which maintains an official register of State Parties.

State Parties

Pending ratification.

Text

Part I — General provisions

1. The present Convention is open to ratification by any sovereign state recognized by the Micras Cartography Society. State Parties that are members of the Micras Treaty Organization are subject to the additional institutional provisions set out in Articles 5, 20, and 22 of this Convention. State Parties that are not members of the Micras Treaty Organization are subject to all substantive obligations of the Convention but are not subject to those institutional provisions, and may instead handle the corresponding matters bilaterally or through a designated neutral.

2. This Convention applies to all cases of declared war or any other international armed conflict that may arise between two or more State Parties, even if the state of war is not recognized by one of them. The Convention does not apply to internal armed conflicts, civil wars, or non-international hostilities, except where State Parties expressly agree to its application by separate instrument.

3. State Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

4. The fundamental humanitarian principles underlying this Convention are:

4a. the principle of humanity, requiring that persons not actively participating in hostilities be treated humanely;
4b. the principle of distinction, requiring that combatants be distinguished from civilians and military objectives from civilian objects;
4c. the principle of proportionality, requiring that incidental harm to civilians and civilian objects not be excessive in relation to the concrete and direct military advantage anticipated; and
4d. the principle of necessity, requiring that the means and methods employed be limited to those reasonably necessary for the legitimate purposes of the conflict.

5. With respect to State Parties that are members of the Micras Treaty Organization, the Bureau of Humanitarian Coordination established under the Convention on the Coordination of Humanitarian Missions is the principal body charged with the implementation of this Convention. The Bureau may maintain working relationships with the armed forces, ministries of defense, and humanitarian agencies of such State Parties for purposes of training, dissemination, and coordination under this Convention. State Parties that are not members of the Micras Treaty Organization may, on a voluntary basis, enter into cooperation arrangements with the Bureau, but are not required to do so under this Convention.

Part II — Protection of prisoners of war

6. For purposes of this Convention, a prisoner of war is any person captured during international armed conflict between State Parties who is not a civilian within the meaning of Article 10. The State Party detaining a prisoner of war (the "Detaining Power") is responsible for the prisoner's treatment from the moment of capture until release or repatriation.

7. Prisoners of war shall at all times be treated humanely. The following acts are prohibited at any time and in any place whatsoever in respect of prisoners of war: violence to life and person, including murder, mutilation, cruel treatment, and torture; the taking of hostages; outrages upon personal dignity, including humiliating and degrading treatment; biological or medical experimentation not justified by the prisoner's medical treatment; and the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording the judicial guarantees recognized as indispensable by the State Parties.

8. Prisoners of war are entitled to the following essential protections: identification and registration; notification to the Detaining Power's adversary, by default through any ORSS member society willing to perform the function, or through such other channels as the Detaining Power and adversary may agree; communication with their families through correspondence administered or facilitated by ORSS member societies, or by other humanitarian intermediaries agreed between the parties; medical care equivalent to that provided to the Detaining Power's own armed forces; adequate food, water, clothing, and shelter; freedom from reprisals; and the assistance and visits of representatives of ORSS member societies recognized under Article 14. Prisoners of war shall not be subjected to forced labor that is incompatible with their status, dangerous to their health, or directly connected to military operations.

9. Sick and wounded prisoners of war shall be released and repatriated without delay upon the cessation of active hostilities, in coordination with the relevant ORSS member societies. Other prisoners of war shall be released and repatriated within two AN years of the cessation of active hostilities, unless the belligerents agree in writing to a different timeline. The two-year default may be extended by mutual agreement of the belligerents for reasons of repatriation logistics, the prosecution of war crimes, or the welfare of the prisoners themselves. The default may be shortened by mutual agreement at any time. A neutral mediator, including the Bureau of Humanitarian Coordination where the parties so consent, shall be available to mediate any timeline at the request of either party. In no case shall release be unreasonably delayed for political purposes.

Part III — Protection of civilians

10. For purposes of this Convention, a civilian is any person who is not a member of the armed forces of a State Party, an organized armed group operating on behalf of a State Party, or a participant in hostilities. In case of doubt, a person shall be considered a civilian. Civilians retain their protected status so long as they do not take a direct part in hostilities; a civilian who takes a direct part in hostilities loses protected status for the duration of that participation, regardless of dress or appearance.

11. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. Indiscriminate attacks are prohibited. The starvation of civilians as a method of warfare is prohibited. Objects indispensable to the survival of the civilian population, including foodstuffs, agricultural areas, drinking water installations, and irrigation works, shall not be attacked, destroyed, removed, or rendered useless.

12. In territory occupied by a State Party as a result of armed conflict, the Occupying Power shall ensure to the extent possible the food, water, medical supplies, and public health of the civilian population. Civilians in occupied territory shall not be subjected to collective punishments, deportation, or transfers from occupied territory. Civilians in occupied territory shall retain access to humanitarian assistance through ORSS member societies and through other humanitarian organizations agreed by the Occupying Power. The Occupying Power shall not destroy real or personal property belonging to private persons, the State, or public authorities, except where rendered absolutely necessary by military operations.

Part IV — Protection of medical and humanitarian personnel

13. The protected symbols of all member societies of the Organisation of Red Symbol Societies (ORSS), when displayed by personnel, vehicles, vessels, aircraft, or facilities engaged in humanitarian or medical activities under the auspices of those societies, shall be respected at all times. State Parties recognize all symbols admitted to membership of the Organisation of Red Symbol Societies, and any successor or additional symbols recognized by that organization, as protected under this Convention.

14. Medical units, transports, and personnel, whether military or civilian, engaged in the search for, collection, transport, or treatment of the wounded, sick, and shipwrecked, shall be respected and protected at all times. They shall not be the object of attack. The protection accorded to medical units and transports shall not cease unless they are used to commit acts harmful to the enemy, outside their humanitarian function. Even in such cases, protection shall cease only after a warning has been given setting a reasonable time limit, and after such warning has remained unheeded.

15. Personnel of humanitarian missions operating with the consent of the relevant State Parties, including but not limited to personnel of the Bureau of Humanitarian Coordination and personnel of cooperating organizations operating under Bureau coordination, shall be entitled to the same protections as medical and humanitarian personnel under this Part. State Parties undertake to facilitate the work of such personnel and not to obstruct their movement or their humanitarian activities.

Part V — Protection of cultural property and religious sites

16. Cultural property and religious sites are protected by virtue of their character. For purposes of this Convention, cultural property and religious sites include monuments of architecture, art, or history, whether religious or secular; archaeological sites; groups of buildings of historical or artistic interest; works of art; manuscripts, books, and other objects of artistic, historical, or archaeological interest; scientific collections of importance; and centers of worship.

17. State Parties undertake to respect cultural property and religious sites situated within their own territory and within the territory of other State Parties by refraining from any use of such property or sites for purposes likely to expose them to destruction or damage in the event of armed conflict, and by refraining from any act of hostility directed against them. Acts of theft, pillage, misappropriation, or vandalism directed against cultural property and religious sites are prohibited. State Parties undertake to prohibit, prevent, and, if necessary, put a stop to any form of such acts.

18. The protected symbols of all member societies of the Organisation of Blue Symbol Societies (OBSS), when displayed on cultural property, on religious sites, or by personnel, vehicles, vessels, aircraft, or facilities engaged in cultural heritage protection activities under the auspices of those societies, shall be respected at all times. State Parties recognize all symbols admitted to membership of the Organisation of Blue Symbol Societies, and any successor or additional symbols recognized by that organization, as protected under this Convention. Personnel of OBSS member societies engaged in the documentation, protection, evacuation, or restoration of cultural property and religious sites shall not be the object of attack and shall be afforded the same protections as humanitarian personnel under Part IV of this Convention. The protection accorded to OBSS personnel and to property bearing OBSS symbols shall not cease unless they are used to commit acts harmful to the enemy outside their cultural heritage protection function. Even in such cases, protection shall cease only after a warning has been given setting a reasonable time limit, and after such warning has remained unheeded.

19. State Parties may register specific cultural property and religious sites for enhanced protection. Sites under enhanced protection shall be marked with a distinctive emblem, shall enjoy immunity from attack and from any use of the property or its immediate surroundings for military purposes, and shall be inscribed in an International Register of Cultural Property under Enhanced Protection. The Register shall be maintained by the joint depositary and made publicly available. State Parties that are members of the Micras Treaty Organization shall register sites through the Bureau; State Parties that are not members may register sites directly with either institution of the joint depositary. Member societies of the Organisation of Blue Symbol Societies may propose sites within their respective national territories for nomination by their State Party, and may be consulted by the joint depositary on matters concerning the registration, marking, condition, or monitoring of sites under enhanced protection. Enhanced protection may be suspended only by decision of the registering institution, in consultation with the State Party in whose territory the site is located and, where practicable, with the relevant OBSS member society, on grounds of imperative military necessity. The baseline protection accorded to all cultural property and religious sites under Articles 16 and 17 remains in force regardless of registration status.

Part VI — Implementation and enforcement

20. With respect to State Parties that are members of the Micras Treaty Organization, the Bureau of Humanitarian Coordination may, with the consent of the receiving State Party, conduct inspections of facilities, sites, and operations relevant to compliance with this Convention. Inspection visits shall be coordinated through the Bureau in advance, conducted with respect for the dignity and security of the personnel and persons concerned, and concluded with a written report submitted to the receiving State Party and, where the receiving State consents, made publicly available. The Bureau shall not conduct inspection without the consent of the receiving State. State Parties that are not members of the Micras Treaty Organization may make analogous arrangements bilaterally or through a designated neutral, on terms agreed between the parties.

21. Any State Party may request the appointment of a neutral mediator or arbitrator in connection with any matter arising under this Convention. Mediation may be conducted by any neutral state, organization, or person agreed by the parties, including the Common Court established under the Convention on the Establishment of a Common Court where the parties consent to its jurisdiction. The findings of a mediator are advisory unless the parties agree otherwise.

22. With respect to State Parties that are members of the Micras Treaty Organization, the Secretary-General may bring matters arising under this Convention to the attention of the General Assembly under Article 5b and Article 5f of the General Membership Treaty. The General Assembly may pass an MTO Opinion under Article 10 of the General Membership Treaty addressing conduct under this Convention. State Parties recognize that an MTO Opinion adopted under this Article carries no binding legal effect but constitutes the formal expression of the views of the Organization on the matter addressed.

23. State Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention as widely as possible in their respective countries, and in particular to include the study of the Convention in their programs of military and, if possible, civil instruction, so that the principles of the Convention may become known to their armed forces and to the civilian population.

Part VII — Final provisions

24. This Convention may be amended by the consent of three-fourths (75.0%) of all State Parties. Proposed amendments shall be submitted to the joint depositary, which shall circulate the proposed text to all State Parties. State Parties shall communicate their consent or objection to the joint depositary in writing within twelve months of circulation. An amendment enters into force upon the joint depositary's certification that the required threshold has been met.

25. A State Party may withdraw from this Convention by depositing a written instrument of withdrawal with the joint depositary. Withdrawal takes effect six months after the date of deposit. Withdrawal does not relieve a State Party of obligations arising under the Convention in respect of acts committed before withdrawal took effect, nor does it relieve the withdrawing State of obligations in respect of any armed conflict in which it is engaged at the time of deposit, until the cessation of active hostilities in that conflict. For State Parties that are members of the Micras Treaty Organization, withdrawal from the General Membership Treaty does not automatically terminate participation in this Convention; participation in the Convention continues unless the State separately deposits an instrument of withdrawal under this Article.

26. The provisions of this Convention are without prejudice to the obligations of State Parties under any other international instrument relating to the conduct of armed conflict, including but not limited to the Dorado Convention and the Zalae Convention on Biological Weapons. Where a provision of any other instrument provides greater protection than this Convention, that provision shall apply between the State Parties to that instrument.

See also

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