Full Description
This book explores the nature and scope of the provision requiring States to 'ensure respect' for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of 'respect' for IHL, it builds on the existing literature studying the meaning of 'ensure respect' and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting.
The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
Contents
Foreword
Dr Helen Durham Ao
1 Common Article 1: an introduction
Eve Massingham And Annabel Mcconnachie
2 The Geneva Conventions and their Additional Protocols
Jonathan Crowe
3 Ensuring respect for IHL in the international community: Navigating expectations for humanitarian law diplomacy by third States not party to an armed conflict
Sarah Mccosker
4 Parliamentary scrutiny committees' contribution to the obligation to respect and ensure respect for IHL
Lara Pratt
5 Ensuring respect for IHL by, and in relation to the conduct of, private actors
Catherine Drummond
6 Ensuring respect for IHL by Kenya and Uganda in South Sudan: A case study
Kenneth Wyne Mutuma
7 Ensuring respect and targeting
Dale Stephens
8 Weapons and the obligation to ensure respect for IHL
Eve Massingham
9 Artificial Intelligence and the obligation to respect and to ensure respect for IHL
Hitoshi Nasu
10 The obligation to ensure respect for IHL in the peacekeeping context: Progress, lessons and opportunities
Leanne Smith
11 The obligation to ensure respect in relation to detention in armed conflict
Kelisiana Thynne
12 Common Article 1 and counter-terrorism legislation: Challenges and opportunities in an increasingly divided world
Petra Ball And Yvette Zegenhagen
13 Ensuring respect for IHL as it relates to humanitarian activities
Nathalie Weizmann
14 The nature of the obligation to ensure respect under IHL for people displaced as a result of armed conflict
Linda Isabel Ngesa
15 Challenges in the application of the obligation to ensure respect for IHL - foreign fighting as an example
Marnie Lloydd
16 The external dimension of Common Article 1 and the creation of international criminal tribunals
Parisa Zangeneh
17 Common Article 1: emerging themes
Eve Massingham And Annabel Mcconnachie
