The 1949 Geneva Conventions: A Commentary

by Andrew Clapham (Editor), Paola Gaeta (Editor), Marco Sassòli (Editor)

Overview

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.

Product Details

ISBN-13:	9780191003530
Publisher:	OUP Oxford
Publication date:	10/15/2015
Series:	Oxford Commentaries on International Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	1400
File size:	5 MB

About the Author

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International and Development Studies, Geneva. Before he joined the GIIS 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-state actors in international law and related questions in human rights and humanitarian law. Andrew Clapham was the Director of the Geneva Academy of International Humanitarian Law and Human Rights from 2006 until 2014. His publications include The Oxford Handbook of International Law in Armed Conflict (co-edited with Paola Gaeta) (2014), Human Rights: A Very Short Introduction (2007), Human Rights Obligations of Non-State Actors (2006), and International Human Rights Lexicon (2005), with Susan Marks. He is an academic associate member of Matrix Chambers in London. Paola Gaeta (PhD in Law, European University Institute, 1997) was Assistant Professor (1998), Associate Professor (2001) and then Tenured Professor (2001-2010) of Public International Law at the University of Florence. She is currently Tenured Professor of International Criminal Law at the Law Faculty of the University of Geneva and Adjunct Professor of International Criminal Law at the Graduate Institute for International and Development Studies. From 2007 until 2014, she was the Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights and from 2011 until 2014 Director of the Academy itself. She is a Member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include The Oxford Handbook of International Law in Armed Conflict (co-edited with Andrew Clapham) (2014). Marco Sassòli (PhD in Law, Basel, 1989) is Professor of International Law and Director of the Department of International Law and International Organization at the University of Geneva. From 2001-2003, Marco Sassòli was Professor of International Law at the Université du Québec à Montreal, Canada, where he remains Associate Professor. He is member of the International Commission of Jurists. He has worked from 1985-1997 for the International Committee of the Red Cross (ICRC) at the headquarters, inter alia as Deputy Head of its Legal Division, and in conflict areas, in particular the Middle East and the Balkans. He has also served as registrar at the Swiss Supreme Court, and from 2004-2013 as chair of the board of Geneva Call, an NGO engaging non-state armed actors to respect humanitarian rules.

Table of Contents

PART I
Cross-Cutting Issues and Common ProvisionsSection A - Cross-Cutting Issues1. The Concept of International Armed Conflict, Andrew Clapham2. The Applicability of the Conventions to Transnational and Mixed Conflicts, Marko Milanovic3. The Temporal Scope of Application of the Conventions, Gabriella Venturini4. The Geographical Scope of Application of the Conventions, Katja Schoberl5. Rights, Powers and Obligations of Neutral Powers under the Conventions, Yves SandozSection B - Common ProvisionsSub-Section 1 - General6. The Obligation to Respect and to Ensure Respect for the Conventions, Robin Geiss7. Special Agreements in International Armed Conflicts, Stuart Casey-Maslen8. Non Renunciation of the Rights Provided by the Conventions, Pierre d'Argent9. Final Provisions, Including the Martens Clause, Giovanni Distefano & Etienne HenrySub-Section 2 - Special Rules10. The Principle of Non-Discrimination, Gabor Rona & Robert J. McGuire11. Hospitals, Elzbieta Mikos-Skuza12. Humanitarian Assistance, Flavia Lattanzi13. Search for Missing Persons, Anna Petrig14. The Dead, Daniela Gavshon15. Taking of Hostages, David Tuck16. Torture, Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak & Ralph Janik17. Rape and Other Sexual Violence, Patricia Viseur Sellers and Indira Rosenthal18. Protected Areas, Natalino RonzittiSub-Section 3 - Common Article 319. The Concept of Non-International Armed Conflict, Lindsay Moir20. The Addressees of Common Article 3, Sandesh Sivakumaran21. The Beneficiaries of the Rights Stemming from Common Article 3, Jann K. Kleffner22. Murder in Common Article 3, Sarah Knuckey23. Judicial Guarantees, Louise Doswald-Beck24. The Right of Initiative of the International Committee of the Red Cross, Nishat Nishat25. Applicability of the Conventions by means of Ad Hoc Agreements, Luisa VierucciSection C - Ensuring Compliance with the Conventions26. The Role of the International Committee of the Red Cross, Steven R. Ratner & Rotem Giladi27. Protecting Powers, Robert Kolb28. Good Offices, Conciliation, and Enquiry, Theo Boutruche29. Prohibition of Reprisals, Jerome de Hemptinne30. Dissemination of the Conventions, Including in Time of Armed Conflict, Elzbieta Mikos-Skuza31. Grave Breaches of the Geneva Conventions, Paola Gaeta32. Domestic Implementation, Andreas R. Ziegler & Stefan WehrenbergSection D - The Geneva Conventions in Context33. The Universality of the Geneva Conventions, Frederic Megret34. Relationship with Prior and Subsequent Treaties and Conventions, Paolo Benvenuti35. The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law, Andrew Clapham36. The Interplay Between the Geneva Conventions and International Criminal Law, Paola GaetaPART II - Specific Issues and RegimesSection A - Geneva Conventions I and II37. Who is Wounded and Sick?, Annyssa Bellal38. Who is Shipwrecked?, Steven Haines39. The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked, Gilles Giacca40. The Status, Rights, and Obligations of Medical and Religious Personnel, Stuart Casey-Maslen41. Buildings, Material and Transports, Katja Schoberl42. Loss of Protection, Tom Haeck43. The Use of the Emblem, Antoine A. BouvierSection B - Geneva Convention III44. Who is a Prisoner of War?, Sean Watts45. Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status, Laura M. Olson46. Determination of Prisoner of War Status, Marie-Louise Tougas47. Evacuation and Transfer of Prisoners of War, Keiichiro Okimoto48. Treatment of Prisoners of War, Silvia Sanna49. Relations with the Outside World, Sharon Weill50. Penal or Diciplinary Proceedings Brought against a Prisoner of War, Peter Rowe51. Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War, Marco SassoliSection C - Geneva Convention IVSub-Section 1 - General52. The Structure of Geneva Convention IV and the Resulting Gaps in that Convention, Nishat Nishat53. Maintenance and Re-establishment of Family Links and Transmission of Information, Heike Spieker54. The Derogation Clause, Anne-Laurence Graf-BrugereSub-Section 2 - Civilians in the Hands of the Enemy: General Protection55. Who is a Protected Civilian?, Elizabeth Salmon56. The Prohibition of Collective Punishment, Shane Darcy57. The Right to Leave, Pamela Anne Hylton58. The Transfer and Deportation of Civilians, Vincent Chetail59. Judicial Guarantees, Payam Akhavan60. Other Issues Relating to the Treatment of Civilians in Enemy Hands, Iris van der HeijdenSub-Section 3 - Specific Protection61. Special Rules on Women, Noelle Quenivet62. Special Rules on Children, Hans-Joachim Heintze and Charlotte Lulf63. Special Rules on Refugees, Francois Crepeau & Bethany HastieSub-Section 4 - Internment64. Admissibility of and Procedures for Internment, Laura M. Olson65. Treatment of Internees, Bruce Oswald and Lucrezia Iapichino66. End of Internment, Bruce OswaldSub-Section 5 - Occupied Territories67. The Concept and the Beginning of Occupation, Marco Sassoli68. Law-Making and the Judicial Guarantees in Occupied Territories, Yutaka Arai-Takahashi69. The Administration of Occupied Territory, Michael Bothe70. Economic, Social and Cultural Rights in Occupied Territories, Gilles Giacca71. Protection of Private Property, Yutaka Arai-Takahashi72. Protection of Public Property, Anicee Van Engeland73. Prohibition of Settlements, Christian Tomuschat74. The Geneva Conventions and the End of Occupation, Julia Grignon

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