Geneva Convention
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| Author | : Andrew Clapham |
| Publisher | : Oxford University Press |
| Total Pages | : 1753 |
| Release | : 2015-10-15 |
| Genre | : Law |
| ISBN | : 0191003522 |
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.
| Author | : |
| Publisher | : Cambridge University Press |
| Total Pages | : 3034 |
| Release | : 2021-09-09 |
| Genre | : Law |
| ISBN | : 1108981704 |
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.
| Author | : Md. Jahid Hossain Bhuiyan |
| Publisher | : BRILL |
| Total Pages | : 350 |
| Release | : 2019-11-11 |
| Genre | : Law |
| ISBN | : 9004375546 |
The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL. This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict. Contents: Notes on editors; Notes on contributors; List of acronyms and abbreviations; Preface; Foreword; International Legal Protection of Persons Affected by War: Challenges and the Way Forward, Md Jahid Hossain Bhuiyan and Borhan Uddin Khan 1 The Development of the Geneva Conventions, Borhan Uddin Khan and Nazmuzzaman Bhuian 2 The Legal Status and Protection of the Rights of Prisoners of War, Md Jahid Hossain Bhuiyan 3 The Prohibition of Deportation and Forcible Transfer of Civilian Populations in the Fourth Geneva Convention and Beyond, Etienne Henry 4 Combatants Aboard Medical Aircraft Who Fall into the Hands of a Neutral Power – the Scope of Their Liability to Detention Under the 1949 Geneva Conventions and the 1977 Additional Protocol I, Yutaka Arai-Takahashi 5 Forced Transfer of Aliens during Armed Conflicts, Pablo Antonio Fernández Sánchez 6 The Geneva Conventions and Non-International Armed Conflicts, Noelle Higgins 7 Four Geneva Conventions of 1949: A Third World View, Srinivas Burra 8 Criminalising Rape and Sexual Violence in Armed Conflicts: Evolving Criminality and Culpability from the Geneva Conventions to the Bangladesh International Crimes Trial, M Rafiqul Islam 9 Principles of Distinction, Proportionality and Precautions under the Geneva Conventions: The Perspective of Islamic Law, Mohd Hisham Mohd Kamal 10 Implementation of International Humanitarian Law and the Current Challenges, Borhan Uddin Khan and Nakib Muhammad Nasrullah 11 The Geneva Conventions and Enforcement of International Humanitarian Law, Derek Jinks Index.
| Author | : |
| Publisher | : Cambridge University Press |
| Total Pages | : 1356 |
| Release | : 2017-12-21 |
| Genre | : Law |
| ISBN | : 1108527566 |
The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.
| Author | : Matthew Evangelista |
| Publisher | : Oxford University Press |
| Total Pages | : 377 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199379785 |
Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice and gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.
| Author | : Theodore Richard |
| Publisher | : Independently Published |
| Total Pages | : 200 |
| Release | : 2019-05 |
| Genre | : |
| ISBN | : 9781076804235 |
The First Additional Protocol to the Geneva Conventions ("AP I") is central to the modern law of war, widely referred to as international humanitarian law outside the United States. It updates the Geneva Conventions for protection of war victims and combines them with new or updated rules governing hostilities and the use of weapons found in the Hague Regulations Respecting the Laws and Customs of War. Due to its comprehensive nature and adoption by a majority of States, AP I is frequently cited as the source for law of war rules by attorneys and others interested in protecting humanitarian interests. The challenge for United States attorneys, however, is that their country is not a party to AP I and has been a persistent objector to many of its new rules.While the United States signed the First Additional Protocol to the Geneva Conventions in 1977, it determined, after 10 years of analysis, that it would not ratify the protocol. President Reagan called AP I "fundamentally and irreconcilably flawed."1 Yet, as will be detailed throughout this guide, United States officials have declared that aspects of AP I are customary international law. Forty years after signing AP I, and 30 years after rejecting it, the United States has never presented a comprehensive, systematic, official position on the protocol. Officials from the United States Departments of Defense and State have taken positions on particular portions of it. This guide attempts to bring those sources together in one location.
| Author | : Haidi Willmot |
| Publisher | : Oxford University Press |
| Total Pages | : 497 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 019872926X |
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
| Author | : Gilad Ben-Nun |
| Publisher | : I.B. Tauris |
| Total Pages | : 289 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1838604308 |
The Fourth Geneva Convention, signed on 12th August 1949, defines necessary humanitarian protections for civilians during armed conflict and occupation. One-hundred-and-ninety-six countries are signatories to the Geneva Conventions, and this particular facet has laid the foundations for all subsequent humanitarian global law. How did the world – against seemingly insurmountable odds – draft and legislate this landmark in humanitarian international law? The Fourth Geneva Convention for Civilians draws on archival research across seven countries to bring together the Cold War interventions, founding motives and global idealisms that shaped its conception. Gilad Ben-Nun draws on the three key principles that the convention brought about to consider the recent events where its application has either been successfully applied or circumvented, from the 2009 Gaza War, the war crimes tribunal in the former Yugoslavia and Nicaragua vs. the United States to the contemporary conflict in Syria. Weaving historical archival research, a grounding in the concepts of international law, and insightful analysis of recent events, this book will appeal to a broad range of students, academics and legal practitioners.
| Author | : Martin Blecher |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 221 |
| Release | : 2018-10-15 |
| Genre | : History |
| ISBN | : 0761870652 |
Most research and analyses of Israel’s settlement enterprise has focused on the usage of particular paragraphs in the Geneva Convention. For over 50 years Israel has refuted the usage of the Geneva Convention with regards to its settlements. Doing so, the more relevant question arises on what laws, governance, and regulations, is of importance in understanding Israelis behavior? If one accepts the premise that Israel is occupying some areas, and as an occupying force is forbidden to change laws from previous sovereign, it becomes relevant as to what the laws are and how are they being followed. The aim with this book is to go deeper to understand the rationale behind Israeli land policies. This book is not necessarily a full rejection of the arguments that have been advocated by different scholars that seek to brand Israel’s settlement enterprise as illegal, nor is it to be understood as a full acceptance of those arguments at hand. Rather, I want this book to show nuances in an infective question. The idea is to give the reader an insight into the arguments made by Israel and its judiciary which has not been properly addressed nor researched about through earlier scholars. By including stories about personalities such as Rabbi Menachem Froman & Shabtay Bendet, this book aims to fulfill its purpose of not politicizing the Israeli settlement enterprise through one particular understanding.
| Author | : Angela Bennett |
| Publisher | : The History Press |
| Total Pages | : 282 |
| Release | : 2006-08-24 |
| Genre | : History |
| ISBN | : 0752495828 |
Presents the story of the Geneva Convention and the events which brought it into being. Who would have thought that the world's first treaty on human rights could have been founded by two young men, who cordially loathed each other? This work describes how they drew up a code of practice for the treatment of war-wounded in battle.
