The 1949 Geneva Conventions: A Commentary

Hardcover | November 9, 2015

EditorAndrew Clapham, Paola Gaeta, Marco Sassoli

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The four Geneva Conventions, created in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded on the battlefield, those wounded or shipwrecked at sea, the treatment of prisoners of war, and civilians in a war zone. However, since they wereadopted warfare has changed considerably. In this groundbreaking commentary over sixty experts from multiple disciplines within international law investigate how the Geneva Conventions are applied today. It places the Conventions in the light of the developing obligations imposed by internationallaw on states and individuals, most notably through international human rights law and international criminal law.The context in which the Conventions are 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 mandatedby the United Nations and the complex nature of certain internal 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 multipleprovisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key article, 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 impact of the Geneva Conventions in their contemporary context. This commentary on four of the most important treaties in international law isunmissable for anyone working in or studying situations of armed conflicts.

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The four Geneva Conventions, created in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded on the battlefield, those wounded or shipwrecked at sea, the treatment of prisoners of war, and civilians in a war zone. However, since they wereadopted warfare has changed considerably. In...

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva. Before he joined the Graduate Institute of International Studies Institute in 1997, he was the Representative of Amnesty International to the United Nations in New York. His current research relates to the role of non-sta...

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Format:HardcoverDimensions:1400 pagesPublished:November 9, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199675449

ISBN - 13:9780199675449

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Table of Contents

1. Andrew Clapham: The Concept of International Armed Conflicts; The Interplay Between 1949 Geneva Conventions and International Human Rights Law2. Gabriella Venturini: The Temporal Scope of Application of the Conventions3. Yves Sandoz: Rights, Powers and Obligations of Neutral Powers under the Conventions4. Robin Geiss: The Obligation to Respect and to Ensure Respect for the Conventions5. Stuart Casey-Maslen: Special Agreements; The Status, Rights and Obligations of Medical and Religious Personnel6. Pierre d'Argent: Non Renunciation of the Rights Provided by the Conventions7. Giovanni Distefano and Etienne Henry: Final Provisions8. Gabor Rona and Patrick McGuire: The Principle of Non-discrimination9. Elzbieta Mikos-Skuza: Hospitals; Dissemination of the Conventions, Including in Time of Armed Conflict10. Flavia Lattanzi: Humanitarian Assistance11. Anna Petrig: Search for Missing Persons12. Daniela Gavshon: The Dead13. David Tuck: Taking of Hostages14. Manfred Nowak and Ralph Janik: Torture and Inhumane or Degrading Treatment15. Patricia Viseur Sellers and Indira Rosenthal: Rape and Sexual Violence16. Natalino Ronzitti: Protected Areas17. Lindsay Moir: The Concept of Non International Armed Conflict18. Sandesh Sivakumaran: The Addressees of Common Article 319. Jann K. Kleffner: The Beneficiaries of the Rights Stemming from CA320. Louise Doswald-Beck: Judicial Guarantees21. Nishat Nishat: The Right of Initiative of the ICRC; The Structure of and Resulting Gaps in GC IV22. Luisa Vierucci: Applicability of the Conventions by means of Special Agreements23. Steven R. Ratner and Rotem Giladi: The Role of the ICRC24. Robert Kolb: Protecting Powers25. Theo Boutruche: Conciliation Procedure and Enquiry26. Jerome de Hemptinne: Prohibition of Reprisals27. Paola Gaeta: The System of Repression of Grave Breaches; The Interplay Between the Geneva Conventions and International Criminal Law28. Andreas R. Ziegler and Stefan Wehrenberg: Domestic Implementation29. Frederic Megret: The Universality of the 1949 Geneva Conventions and Customary International Law30. Paolo Benvenuti: Relationship with Prior or Subsequent Treaties and Conventions31. Annyssa Bellal: Who is Wounded and Sick?32. Steven Haines: Who is Shipwrecked?33. Gilles Giacca: The Obligations to Respect, Protect, Collect and Care for34. Katja Schoberl: Buildings, Material and Transports35. Tom Haeck: Loss of Protection36. Antoine Bouvier: The Use of the Emblem37. Sean Watts: Who is a Prisoner of War?38. Laura M. Olson: Status and Treatment of those who do not Fulfill the Conditions for Prisoner of War Status; Admissibility of and Procedures for Internment39. Silvia Sanna: Treatment of Prisoners of War40. Sharon Weil: Relations with the Outside World41. Peter Rowe: Prosecution of Prisoners of War42. Marco Sassoli: Repatriation of Prisoners of War; The Concept and the Beginning of Occupation43. Heike Spieker: Maintenance and Reestablishment of Family Links and Transmission of Information44. Michael Bothe: The Administration of Occupied Territory45. Elizabeth Salmon: Who is a Protected Civilian?46. Shane Darcy: The Prohibition of Collective Punishment47. Vincent Chetail: Transfer of Civilians48. Payam Akhavan: Judicial Guarantees49. Katherine Del Mar: Right to leave; Other Issues Related to the Treatment of Civilians in Enemy Hands50. Noelle Quenivet: Special Rules on Women51. Hans-Joachim Heintze: Special Rules on Children52. Francois Crepeau and Bethany Hastie: Special Rules on Refugees53. Bruce Oswald: Treatment of Internees; End of Internment54. Lucrezia Iapichino: Treatment of Internees55. Yutaka Arai: Laws and Judicial System of the Occupied Territories; Protection of Private Property56. Christian Tomuschat: Prohibition of Settlements57. Julia Grignon: The End of Occupation58. Keiichiro Okimoto: Transfer of POWs59. Anicee Van Engeland: the Protection of Public Property