Description
In 2021, the International Committee of the Red Cross released its Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (POWs). The new document updated the 1960 "Pictet Commentary." As a result, the attention of the law-of-armed-conflict community was refocused on the designation and treatment of POWs. The Lieber Institute for Law and Warfare at West Point launched a project to further examine the subject. The result is this book. Sadly, world events have made that examination especially timely.Unlike the ICRC's updated Commentary, this book is not meant to be a comprehensive treatment of the international law relating to POWs. Rather, it is a collection of capita selecta identified by the contributors as meriting further examination - either because they are unsettled, inadequately addressed in the literature, or operationally problematic. The work is in three parts. Part I examines qualification for POW status. Discussion then moves in Part II to the treatment to which POWs are entitled. Part III concludes with a consideration of the historical relevance of, and perspectives on, the international law governing POWs.As the drafters of the Third Geneva Convention emphasized over seventy years ago, the aim of the law is "to mitigate as far as possible, the inevitable rigours [of a war] and to alleviate the condition of prisoners of war." It is through that lens that scholars and practitioners should consider the rules governing POWs, and with which they should approach this book.
Table of Contents
ForewordPrefacePART ONE: Prisoner of War StatusChapter 1. Prisoners of War (POWs) in Proxy Warfare: The Application of Geneva Convention III to Organized Armed Groups Detaining POWs of Territorial States or Detained as POWs by Territorial StatesMarco Sassòli & Eugénie DussChapter 2. The Application of the Third Geneva Convention in Fluid ConflictsLaurie BlankChapter 3. The Regular Armed Forces, Uniforms, and Prisoner of War StatusMichael N. Schmitt & Christopher J. KoschnitzkyChapter 4. "Accompanying the Force" in Modern Armed ConflictEric Talbot JensenChapter 5. Levée en Masse in 21st Century Armed ConflictWinston S. Williams & Robert LawlessChapter 6. Prisoner of War Status in the Context of Naval Warfare: On the Status of Masters and Crews of Neutral Merchant VesselsWolff Heintschel von HeineggChapter 7. Prisoners of War in Space?Rob McLaughlinPART TWO: Prisoner of War Protections & Transfers and ReleaseChapter 8. Protecting Prisoners of War in Contemporary ConflictsDerek P. JinksChapter 9. Military Assimilation and the 1949 Third Geneva Convention on Prisoners of WarSean WattsChapter 10. The Use of Force against Prisoners of War: Operationalizing Article 42Bruce Oswald & Christopher HannaChapter 11. Parole of Prisoners of War under Article 21 of the Third Geneva Convention: Past, Present, and FutureEmily CrawfordChapter 12. Detention of Suspected Terrorists in Connection with Armed Conflict: A Focus on Release and RepatriationPavle Kilibarda & Gloria GaggioliPART THREE: History & PerspectivesChapter 13. The Lieber Code and Prisoners of War: A Legacy of Practical HumanitarianismDavid Wallace & Shane ReevesChapter 14. The Role of Judge Advocates in Prisoner of War and Detention Operations in the U.S. Army: A Short HistoryFred BorchChapter 15. The Updated ICRC Commentary on the Third Geneva Convention: A New Tool to Protect Prisoners of War in the Twenty-First CenturyJemma Arman, Jean-Marie Henckaerts, Heleen Hiemstra & Kvitoslava KrotiukChapter 16. ICRC Perspectives on the Interpretation of the Third Geneva Convention More Than Seventy Years after Its AdoptionJean-Marie Henckaerts, Kubo Ma%cák, Mikhail Orkin & Ellen PolicinskiChapter 17. A Perspective on the Updated Third Geneva Convention Commentary from a United States PractitionerMichael W. Meier
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- 電子書籍
- 宇宙と物理をめぐる十二の授業
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- 電子書籍
- 編集者の危機管理術 名誉・プライバシー…
