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.

Full Product Details

Author:   Andrew Clapham (Professor of Public International Law and Director, Professor of Public International Law and Director, Geneva Academy of International Humanitarian Law and Human Rights) ,  Paola Gaeta (Director, Director, Geneva Academy of International Humanitarian Law and Human Rights) ,  Marco Sassòli (Professor of International Law, Professor of International Law, University of Geneva)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.00cm , Height: 5.40cm , Length: 24.60cm
Weight:   1.858kg
ISBN:  

9780198825678

ISBN 10:   0198825676
Pages:   1760
Publication Date:   15 March 2018
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

PART I Cross-Cutting Issues and Common Provisions Section A - Cross-Cutting Issues 1: Andrew Clapham: The Concept of International Armed Conflict 2: Marko Milanovic: The Applicability of the Conventions to Transnational and Mixed Conflicts 3: Gabriella Venturini: The Temporal Scope of Application of the Conventions 4: Katja Schoberl: The Geographical Scope of Application of the Conventions 5: Yves Sandoz: Rights, Powers and Obligations of Neutral Powers under the Conventions Section B - Common Provisions Sub-Section 1 - General 6: Robin Geiß: The Obligation to Respect and to Ensure Respect for the Conventions 7: Stuart Casey-Maslen: Special Agreements in International Armed Conflicts 8: Pierre d'Argent: Non Renunciation of the Rights Provided by the Conventions 9: Giovanni Distefano & Etienne Henry: Final Provisions, Including the Martens Clause Sub-Section 2 - Special Rules 10: Gabor Rona & Robert J. McGuire: The Principle of Non-Discrimination 11: Elzbieta Mikos-Skuza: Hospitals 12: Flavia Lattanzi: Humanitarian Assistance 13: Anna Petrig: Search for Missing Persons 14: Daniela Gavshon: The Dead 15: David Tuck: Taking of Hostages 16: Manfred Nowak & Ralph Janik: Torture, Cruel, Inhuman or Degrading Treatment or Punishment 17: Patricia Viseur Sellers and Indira Rosenthal: Rape and Other Sexual Violence 18: Natalino Ronzitti: Protected Areas Sub-Section 3 - Common Article 3 19: Lindsay Moir: The Concept of Non-International Armed Conflict 20: Sandesh Sivakumaran: The Addressees of Common Article 3 21: Jann K. Kleffner: The Beneficiaries of the Rights Stemming from Common Article 3 22: Sarah Knuckey: Murder in Common Article 3 23: Louise Doswald-Beck: Judicial Guarantees 24: Nishat Nishat: The Right of Initiative of the International Committee of the Red Cross 25: Luisa Vierucci: Applicability of the Conventions by means of Ad Hoc Agreements Section C - Ensuring Compliance with the Conventions 26: Steven R. Ratner & Rotem Giladi: The Role of the International Committee of the Red Cross 27: Robert Kolb: Protecting Powers 28: Theo Boutruche: Good Offices, Conciliation, and Enquiry 29: Jerôme de Hemptinne: Prohibition of Reprisals 30: Elzbieta Mikos-Skuza: Dissemination of the Conventions, Including in Time of Armed Conflict 31: Paola Gaeta: Grave Breaches of the Geneva Conventions 32: Andreas R. Ziegler & Stefan Wehrenberg: Domestic Implementation Section D - The Geneva Conventions in Context 33: Frédéric Mégret: The Universality of the Geneva Conventions 34: Paolo Benvenuti: Relationship with Prior and Subsequent Treaties and Conventions 35: Andrew Clapham: The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law 36: Paola Gaeta: The Interplay Between the Geneva Conventions and International Criminal Law PART II - Specific Issues and Regimes Section A - Geneva Conventions I and II 37: Annyssa Bellal: Who is Wounded and Sick? 38: Steven Haines: Who is Shipwrecked? 39: Gilles Giacca: The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked 40: Stuart Casey-Maslen: The Status, Rights, and Obligations of Medical and Religious Personnel 41: Katja Schöberl: Buildings, Material and Transports 42: Tom Haeck: Loss of Protection 43: Antoine A. Bouvier: The Use of the Emblem Section B - Geneva Convention III 44: Sean Watts: Who is a Prisoner of War? 45: Laura M. Olson: Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status 46: Marie-Louise Tougas: Determination of Prisoner of War Status 47: Keiichiro Okimoto: Evacuation and Transfer of Prisoners of War 48: Silvia Sanna: Treatment of Prisoners of War 49: Sharon Weill: Relations with the Outside World 50: Peter Rowe: Penal or Diciplinary Proceedings Brought against a Prisoner of War 51: Marco Sassòli: Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War Section C - Geneva Convention IV Sub-Section 1 - General 52: Nishat Nishat: The Structure of Geneva Convention IV and the Resulting Gaps in that Convention 53: Heike Spieker: Maintenance and Re-establishment of Family Links and Transmission of Information 54: Anne-Laurence Graf-Brugere: The Derogation Clause Sub-Section 2 - Civilians in the Hands of the Enemy: General Protection 55: Elizabeth Salmon: Who is a Protected Civilian? 56: Shane Darcy: The Prohibition of Collective Punishment 57: Pamela Anne Hylton: The Right to Leave 58: Vincent Chetail: The Transfer and Deportation of Civilians 59: Payam Akhavan: Judicial Guarantees 60: Iris van der Heijden: Other Issues Relating to the Treatment of Civilians in Enemy Hands Sub-Section 3 - Specific Protection 61: Noelle Quenivet: Special Rules on Women 62: Hans-Joachim Heintze and Charlotte Lulf: Special Rules on Children 63: François Crépeau & Bethany Hastie: Special Rules on Refugees Sub-Section 4 - Internment 64: Laura M. Olson: Admissibility of and Procedures for Internment 65: Bruce Oswald and Lucrezia Iapichino: Treatment of Internees 66: Bruce Oswald: End of Internment Sub-Section 5 - Occupied Territories 67: Marco Sassoli: The Concept and the Beginning of Occupation 68: Yutaka Arai-Takahashi: Law-Making and the Judicial Guarantees in Occupied Territories 69: Michael Bothe: The Administration of Occupied Territory 70: Gilles Giacca: Economic, Social and Cultural Rights in Occupied Territories 71: Yutaka Arai-Takahashi: Protection of Private Property 72: Anicee Van Engeland: Protection of Public Property 73: Christian Tomuschat: Prohibition of Settlements 74: Julia Grignon: The Geneva Conventions and the End of Occupation

Reviews

One of the outstanding qualities of the book, is that despite being huge (nearly 1600-pages), The 1949 Geneva Conventions: A Commentary is surprisingly accessible...I am hugely impressed by this volume which is a staggering editorial achievement, bringing together some of the finest IHL scholarship around. There is no doubt in my mind that it will become a classic text for students and researchers. * Katharine Fortin, Armed Groups and International Law *

Author Information

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.

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