Unofficial United States Guide to the First Additional Protocol to the Geneva Conventions of 12 August 1949

Unofficial United States Guide to the First Additional Protocol to the Geneva Conventions of 12 August 1949
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.

Customary International Humanitarian Law

Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Total Pages: 610
Release: 2005-03-03
Genre: Law
ISBN: 0521808995

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author: Michael Bothe
Publisher: Oxford University Press, USA
Total Pages: 767
Release: 2013-08-29
Genre: History
ISBN: 0199658803

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

New Rules for Victims of Armed Conflicts

New Rules for Victims of Armed Conflicts
Author: Michael Bothe
Publisher: Martinus Nijhoff Publishers
Total Pages: 770
Release: 1982-04-30
Genre: Law
ISBN: 9024725372

Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

Commentary on the Second Geneva Convention

Commentary on the Second Geneva Convention
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.

The African Criminal Court

The African Criminal Court
Author: Gerhard Werle
Publisher: Springer
Total Pages: 349
Release: 2016-11-29
Genre: Law
ISBN: 9462651507

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Total Pages: 372
Release: 2008-09-17
Genre: Law
ISBN: 1847314600

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Elements of War Crimes Under the Rome Statute of the International Criminal Court

Elements of War Crimes Under the Rome Statute of the International Criminal Court
Author:
Publisher:
Total Pages: 524
Release: 2003-03-27
Genre: Law
ISBN: 9780521818520

This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.