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The 1949 Geneva Conventions: A Commentary

The 1949 Geneva Conventions: A Commentary

Author: Andrew Clapham; Paola Gaeta; Marco Sassoli
Publisher: Oxford University Press
ISBN: 9780198825678

Published In: March 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780199675449

List Price: HKD 1,209.00

HKD 1,172.73 Save HKD 36.27 (3%)

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Contents

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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 were adopted 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 international law 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 mandated by 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 multiple provisions 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 is unmissable for anyone working in or studying situations of armed conflicts.

1. The Concept of International Armed Conflicts - The Interplay Between 1949 Geneva Conventions and International Human Rights Law

2. The Temporal Scope of Application of the Conventions

3. Rights, Powers and Obligations of Neutral Powers under the Conventions

4. The Obligation to Respect and to Ensure Respect for the Conventions

5. Special Agreements - The Status, Rights and Obligations of Medical and Religious Personnel

6. Non Renunciation of the Rights Provided by the Conventions

7. Final Provisions

8. The Principle of Non-discrimination

9. Hospitals - Dissemination of the Conventions, Including in Time of Armed Conflict

10. Humanitarian Assistance

11. Search for Missing Persons

12. The Dead

13. Taking of Hostages

14. Torture and Inhumane or Degrading Treatment

15. Rape and Sexual Violence

16. Protected Areas

17. The Concept of Non International Armed Conflict

18. The Addressees of Common Article 3

19. The Beneficiaries of the Rights Stemming from CA3

20. Judicial Guarantees

21. The Right of Initiative of the ICRC - The Structure of and Resulting Gaps in GC IV

22. Applicability of the Conventions by means of Special Agreements

23. The Role of the ICRC

24. Protecting Powers

25. Conciliation Procedure and Enquiry

26. Prohibition of Reprisals

27. The System of Repression of Grave Breaches - The Interplay Between the Geneva Conventions and International Criminal Law

28. Domestic Implementation

29. The Universality of the 1949 Geneva Conventions and Customary International Law

30. Relationship with Prior or Subsequent Treaties and Conventions

31. Who is Wounded and Sick?

32. Who is Shipwrecked?

33. The Obligations to Respect, Protect, Collect and Care for

34. Buildings, Material and Transports

35. Loss of Protection

36. The Use of the Emblem

37. Who is a Prisoner of War?

38. Status and Treatment of those who do not Fulfill the Conditions for Prisoner of War Status - Admissibility of and Procedures for Internment

39. Treatment of Prisoners of War

40. Relations with the Outside World

41. Prosecution of Prisoners of War

42. Repatriation of Prisoners of War - The Concept and the Beginning of Occupation

43. Maintenance and Reestablishment of Family Links and Transmission of Information

44. The Administration of Occupied Territory

45. Who is a Protected Civilian?

46. The Prohibition of Collective Punishment

47. Transfer of Civilians

48. Judicial Guarantees

49. Right to leave - Other Issues Related to the Treatment of Civilians in Enemy Hands

50. Special Rules on Women

51. Special Rules on Children

52. Special Rules on Refugees

53. Treatment of Internees - End of Internment

54. Treatment of Internees

55. Laws and Judicial System of the Occupied Territories - Protection of Private Property

56. Prohibition of Settlements

57. The End of Occupation

58. Transfer of POWs

59. The Protection of Public Property

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