The 1949 Geneva Conventions : A Commentary
/ edited by Andrew Clapham, Paola Gaeta and Marco Sassoli
- United Kingdom Oxford University Press 2015
- xcix, 1651p. : ill. ; 26cm
It Includes Index Pages.
Description:
The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law.
The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
Table of Contents
PART I Cross-Cutting Issues and Common Provisions Section A - Cross-Cutting Issues 1:The Concept of International Armed Conflict, Andrew Clapham 2:The Applicability of the Conventions to Transnational and Mixed Conflicts, Marko Milanovic 3:The Temporal Scope of Application of the Conventions, Gabriella Venturini 4:The Geographical Scope of Application of the Conventions, Katja Schoberl 5:Rights, Powers and Obligations of Neutral Powers under the Conventions, Yves Sandoz Section B - Common Provisions Sub-Section 1 - General 6:The Obligation to Respect and to Ensure Respect for the Conventions, Robin Geiß 7:Special Agreements in International Armed Conflicts, Stuart Casey-Maslen 8:Non Renunciation of the Rights Provided by the Conventions, Pierre d'Argent 9:Final Provisions, Including the Martens Clause, Giovanni Distefano & Etienne Henry Sub-Section 2 - Special Rules 10:The Principle of Non-Discrimination, Gabor Rona & Robert J. McGuire 11:Hospitals, Elzbieta Mikos-Skuza 12:Humanitarian Assistance, Flavia Lattanzi 13:Search for Missing Persons, Anna Petrig 14:The Dead, Daniela Gavshon 15:Taking of Hostages, David Tuck 16:Torture, Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak & Ralph Janik 17:Rape and Other Sexual Violence, Patricia Viseur Sellers and Indira Rosenthal 18:Protected Areas, Natalino Ronzitti Sub-Section 3 - Common Article 3 19:The Concept of Non-International Armed Conflict, Lindsay Moir 20:The Addressees of Common Article 3, Sandesh Sivakumaran 21:The Beneficiaries of the Rights Stemming from Common Article 3, Jann K. Kleffner 22:Murder in Common Article 3, Sarah Knuckey 23:Judicial Guarantees, Louise Doswald-Beck 24:The Right of Initiative of the International Committee of the Red Cross, Nishat Nishat 25:Applicability of the Conventions by means of Ad Hoc Agreements, Luisa Vierucci Section C - Ensuring Compliance with the Conventions 26:The Role of the International Committee of the Red Cross, Steven R. Ratner & Rotem Giladi 27:Protecting Powers, Robert Kolb 28:Good Offices, Conciliation, and Enquiry, Theo Boutruche 29:Prohibition of Reprisals, Jerôme de Hemptinne 30:Dissemination of the Conventions, Including in Time of Armed Conflict, Elzbieta Mikos-Skuza 31:Grave Breaches of the Geneva Conventions, Paola Gaeta 32:Domestic Implementation, Andreas R. Ziegler & Stefan Wehrenberg Section D - The Geneva Conventions in Context 33:The Universality of the Geneva Conventions, Frédéric Mégret 34:Relationship with Prior and Subsequent Treaties and Conventions, Paolo Benvenuti 35:The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law, Andrew Clapham 36:The Interplay Between the Geneva Conventions and International Criminal Law, Paola Gaeta PART II - Specific Issues and Regimes Section A - Geneva Conventions I and II 37:Who is Wounded and Sick?, Annyssa Bellal 38:Who is Shipwrecked?, Steven Haines 39:The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked, Gilles Giacca 40:The Status, Rights, and Obligations of Medical and Religious Personnel, Stuart Casey-Maslen 41:Buildings, Material and Transports, Katja Schöberl 42:Loss of Protection, Tom Haeck 43:The Use of the Emblem, Antoine A. Bouvier Section B - Geneva Convention III 44:Who is a Prisoner of War?, Sean Watts 45:Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status, Laura M. Olson 46:Determination of Prisoner of War Status, Marie-Louise Tougas 47:Evacuation and Transfer of Prisoners of War, Keiichiro Okimoto 48:Treatment of Prisoners of War, Silvia Sanna 49:Relations with the Outside World, Sharon Weill 50:Penal or Diciplinary Proceedings Brought against a Prisoner of War, Peter Rowe 51:Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War, Marco Sassòli Section C - Geneva Convention IV Sub-Section 1 - General 52:The Structure of Geneva Convention IV and the Resulting Gaps in that Convention, Nishat Nishat 53:Maintenance and Re-establishment of Family Links and Transmission of Information, Heike Spieker 54:The Derogation Clause, Anne-Laurence Graf-Brugere Sub-Section 2 - Civilians in the Hands of the Enemy: General Protection 55:Who is a Protected Civilian?, Elizabeth Salmon 56:The Prohibition of Collective Punishment, Shane Darcy 57:The Right to Leave, Pamela Anne Hylton 58:The Transfer and Deportation of Civilians, Vincent Chetail 59:Judicial Guarantees, Payam Akhavan 60:Other Issues Relating to the Treatment of Civilians in Enemy Hands, Iris van der Heijden Sub-Section 3 - Specific Protection 61:Special Rules on Women, Noelle Quenivet 62:Special Rules on Children, Hans-Joachim Heintze and Charlotte Lulf 63:Special Rules on Refugees, François Crépeau & Bethany Hastie Sub-Section 4 - Internment 64:Admissibility of and Procedures for Internment, Laura M. Olson 65:Treatment of Internees, Bruce Oswald and Lucrezia Iapichino 66:End of Internment, Bruce Oswald Sub-Section 5 - Occupied Territories 67:The Concept and the Beginning of Occupation, Marco Sassoli 68:Law-Making and the Judicial Guarantees in Occupied Territories, Yutaka Arai-Takahashi 69:The Administration of Occupied Territory, Michael Bothe 70: Economic, Social and Cultural Rights in Occupied Territories, Gilles Giacca 71:Protection of Private Property, Yutaka Arai-Takahashi 72:Protection of Public Property, Anicee Van Engeland 73:Prohibition of Settlements, Christian Tomuschat 74:The Geneva Conventions and the End of Occupation, Julia Grignon
9780199675449
Humanitarian law; Geneva Conventions (1949 August 12); Prisoners of war--Legal status, laws, etc; War--Protection of civilians; War--Relief of sick and wounded; War victims--Legal status, laws, etc