Full 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.
Contents
PART I
Cross-Cutting Issues and Common Provisions
Section A - Cross-Cutting Issues
1: Andrew Clapham: The Concept of International Armed Conflict
2: Marko Milanovic: The Applicability of the Conventions to Transnational and Mixed Conflicts
3: Gabriella Venturini: The Temporal Scope of Application of the Conventions
4: Katja Schoberl: The Geographical Scope of Application of the Conventions
5: Yves Sandoz: Rights, Powers and Obligations of Neutral Powers under the Conventions
Section B - Common Provisions
Sub-Section 1 - General
6: Robin Geiß: The Obligation to Respect and to Ensure Respect for the Conventions
7: Stuart Casey-Maslen: Special Agreements in International Armed Conflicts
8: Pierre d'Argent: Non Renunciation of the Rights Provided by the Conventions
9: Giovanni Distefano & Etienne Henry: Final Provisions, Including the Martens Clause
Sub-Section 2 - Special Rules
10: Gabor Rona & Robert J. McGuire: The Principle of Non-Discrimination
11: Elzbieta Mikos-Skuza: Hospitals
12: Flavia Lattanzi: Humanitarian Assistance
13: Anna Petrig: Search for Missing Persons
14: Daniela Gavshon: The Dead
15: David Tuck: Taking of Hostages
16: Manfred Nowak & Ralph Janik: Torture, Cruel, Inhuman or Degrading Treatment or Punishment
17: Patricia Viseur Sellers and Indira Rosenthal: Rape and Other Sexual Violence
18: Natalino Ronzitti: Protected Areas
Sub-Section 3 - Common Article 3
19: Lindsay Moir: The Concept of Non-International Armed Conflict
20: Sandesh Sivakumaran: The Addressees of Common Article 3
21: Jann K. Kleffner: The Beneficiaries of the Rights Stemming from Common Article 3
22: Sarah Knuckey: Murder in Common Article 3
23: Louise Doswald-Beck: Judicial Guarantees
24: Nishat Nishat: The Right of Initiative of the International Committee of the Red Cross
25: Luisa Vierucci: Applicability of the Conventions by means of Ad Hoc Agreements
Section C - Ensuring Compliance with the Conventions
26: Steven R. Ratner & Rotem Giladi: The Role of the International Committee of the Red Cross
27: Robert Kolb: Protecting Powers
28: Theo Boutruche: Good Offices, Conciliation, and Enquiry
29: Jerôme de Hemptinne: Prohibition of Reprisals
30: Elzbieta Mikos-Skuza: Dissemination of the Conventions, Including in Time of Armed Conflict
31: Paola Gaeta: Grave Breaches of the Geneva Conventions
32: Andreas R. Ziegler & Stefan Wehrenberg: Domestic Implementation
Section D - The Geneva Conventions in Context
33: Frédéric Mégret: The Universality of the Geneva Conventions
34: Paolo Benvenuti: Relationship with Prior and Subsequent Treaties and Conventions
35: Andrew Clapham: The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law
36: Paola Gaeta: The Interplay Between the Geneva Conventions and International Criminal Law
PART II - Specific Issues and Regimes
Section A - Geneva Conventions I and II
37: Annyssa Bellal: Who is Wounded and Sick?
38: Steven Haines: Who is Shipwrecked?
39: Gilles Giacca: The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked
40: Stuart Casey-Maslen: The Status, Rights, and Obligations of Medical and Religious Personnel
41: Katja Schöberl: Buildings, Material and Transports
42: Tom Haeck: Loss of Protection
43: Antoine A. Bouvier: The Use of the Emblem
Section B - Geneva Convention III
44: Sean Watts: Who is a Prisoner of War?
45: Laura M. Olson: Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status
46: Marie-Louise Tougas: Determination of Prisoner of War Status
47: Keiichiro Okimoto: Evacuation and Transfer of Prisoners of War
48: Silvia Sanna: Treatment of Prisoners of War
49: Sharon Weill: Relations with the Outside World
50: Peter Rowe: Penal or Diciplinary Proceedings Brought against a Prisoner of War
51: Marco Sassòli: Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
Section C - Geneva Convention IV
Sub-Section 1 - General
52: Nishat Nishat: The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
53: Heike Spieker: Maintenance and Re-establishment of Family Links and Transmission of Information
54: Anne-Laurence Graf-Brugere: The Derogation Clause
Sub-Section 2 - Civilians in the Hands of the Enemy: General Protection
55: Elizabeth Salmon: Who is a Protected Civilian?
56: Shane Darcy: The Prohibition of Collective Punishment
57: Pamela Anne Hylton: The Right to Leave
58: Vincent Chetail: The Transfer and Deportation of Civilians
59: Payam Akhavan: Judicial Guarantees
60: Iris van der Heijden: Other Issues Relating to the Treatment of Civilians in Enemy Hands
Sub-Section 3 - Specific Protection
61: Noelle Quenivet: Special Rules on Women
62: Hans-Joachim Heintze and Charlotte Lulf: Special Rules on Children
63: François Crépeau & Bethany Hastie: Special Rules on Refugees
Sub-Section 4 - Internment
64: Laura M. Olson: Admissibility of and Procedures for Internment
65: Bruce Oswald and Lucrezia Iapichino: Treatment of Internees
66: Bruce Oswald: End of Internment
Sub-Section 5 - Occupied Territories
67: Marco Sassoli: The Concept and the Beginning of Occupation
68: Yutaka Arai-Takahashi: Law-Making and the Judicial Guarantees in Occupied Territories
69: Michael Bothe: The Administration of Occupied Territory
70: Gilles Giacca: Economic, Social and Cultural Rights in Occupied Territories
71: Yutaka Arai-Takahashi: Protection of Private Property
72: Anicee Van Engeland: Protection of Public Property
73: Christian Tomuschat: Prohibition of Settlements
74: Julia Grignon: The Geneva Conventions and the End of Occupation
