Ensuring Respect for International Humanitarian Law / Edition 1

by Eve Massingham, Annabel McConnachie

Overview

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.

Product Details

ISBN-13:	9780367186890
Publisher:	Taylor & Francis
Publication date:	07/21/2020
Series:	Routledge Research in the Law of Armed Conflict
Pages:	294
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Eve Massingham is a Senior Research Fellow in the Law and the Future of War team at the University of Queensland School of Law. She has worked in the field of IHL for ten years with the International Red Cross and Red Crescent Movement throughout East and Southern Africa and in Australia. Eve holds a PhD from the University of Queensland and, among other qualifications, an LLM from King’s College London where she attended as a Chevening Scholar. She is an Australian qualified lawyer and has published a number of book chapters and articles on IHL. Eve has also served as an Australian Army Reserve Officer.

Annabel McConnachie has worked with the IHL team at Australian Red Cross as a volunteer and staff member since 2003. Primarily involved with dissemination activities, she led the project developing a series of advocacy publications in collaboration with Pacific National Red Cross Societies for high-level engagement with parliamentarians. Annabel holds a BA (Hons) in law and history from Keele University and a Master of International Relations from Macquarie University in Sydney, where she lectured and convened units about human rights, international law and forced migration for ten years.

Table of 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