The 1949 Geneva Conventions by Clapham, Andrew; Gaeta, Paola; Sass?li, Marco;

A Commentary

Series: Oxford Commentaries on International Law;

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Product details:

Publisher OUP Oxford
Date of Publication 15 March 2018

ISBN 9780198825678
Binding Paperback
No. of pages1760 pages
Size 246x170x54 mm
Weight 1858 g
Language English

Short description:

This Oxford Commentary is the first book in fifty years to provide a detailed commentary on the four 1949 Gevena Conventions, the building blocks of international humanitarian law. It takes a thematic approach to take account of the changes in international law since 1949, in particular the growth of international criminal and human rights law.

Long description:

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.

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.

PART I
Cross-Cutting Issues and Common Provisions
Section A - Cross-Cutting Issues
The Concept of International Armed Conflict
The Applicability of the Conventions to Transnational and Mixed Conflicts
The Temporal Scope of Application of the Conventions
The Geographical Scope of Application of the Conventions
Rights, Powers and Obligations of Neutral Powers under the Conventions
Section B - Common Provisions
Sub-Section 1 - General
The Obligation to Respect and to Ensure Respect for the Conventions
Special Agreements in International Armed Conflicts
Non Renunciation of the Rights Provided by the Conventions
Final Provisions, Including the Martens Clause
Sub-Section 2 - Special Rules
The Principle of Non-Discrimination
Hospitals
Humanitarian Assistance
Search for Missing Persons
The Dead
Taking of Hostages
Torture, Cruel, Inhuman or Degrading Treatment or Punishment
Rape and Other Sexual Violence
Protected Areas
Sub-Section 3 - Common Article 3
The Concept of Non-International Armed Conflict
The Addressees of Common Article 3
The Beneficiaries of the Rights Stemming from Common Article 3
Murder in Common Article 3
Judicial Guarantees
The Right of Initiative of the International Committee of the Red Cross
Applicability of the Conventions by means of Ad Hoc Agreements
Section C - Ensuring Compliance with the Conventions
The Role of the International Committee of the Red Cross
Protecting Powers
Good Offices, Conciliation, and Enquiry
Prohibition of Reprisals
Dissemination of the Conventions, Including in Time of Armed Conflict
Grave Breaches of the Geneva Conventions
Domestic Implementation
Section D - The Geneva Conventions in Context
The Universality of the Geneva Conventions
Relationship with Prior and Subsequent Treaties and Conventions
The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law
The Interplay Between the Geneva Conventions and International Criminal Law
PART II - Specific Issues and Regimes
Section A - Geneva Conventions I and II
Who is Wounded and Sick?
Who is Shipwrecked?
The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked
The Status, Rights, and Obligations of Medical and Religious Personnel
Buildings, Material and Transports
Loss of Protection
The Use of the Emblem
Section B - Geneva Convention III
Who is a Prisoner of War?
Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status
Determination of Prisoner of War Status
Evacuation and Transfer of Prisoners of War
Treatment of Prisoners of War
Relations with the Outside World
Penal or Diciplinary Proceedings Brought against a Prisoner of War
Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
Section C - Geneva Convention IV
Sub-Section 1 - General
The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
Maintenance and Re-establishment of Family Links and Transmission of Information
The Derogation Clause
Sub-Section 2 - Civilians in the Hands of the Enemy: General Protection
Who is a Protected Civilian?
The Prohibition of Collective Punishment
The Right to Leave
The Transfer and Deportation of Civilians
Judicial Guarantees
Other Issues Relating to the Treatment of Civilians in Enemy Hands
Sub-Section 3 - Specific Protection
Special Rules on Women
Special Rules on Children
Special Rules on Refugees
Sub-Section 4 - Internment
Admissibility of and Procedures for Internment
Treatment of Internees
End of Internment
Sub-Section 5 - Occupied Territories
The Concept and the Beginning of Occupation
Law-Making and the Judicial Guarantees in Occupied Territories
The Administration of Occupied Territory
Economic, Social and Cultural Rights in Occupied Territories
Protection of Private Property
Protection of Public Property
Prohibition of Settlements
The Geneva Conventions and the End of Occupation