The 1949 Geneva Conventions
A Commentary
(Sprache: Englisch)
Winner of the 2017 ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars This Oxford Commentary is the first book in fifty years to provide a detailed commentary on the four 1949 Gevena Conventions, the...
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Winner of the 2017 ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars 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.
Klappentext zu „The 1949 Geneva Conventions “
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
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unmissable for anyone working in or studying situations of armed conflicts.
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Inhaltsverzeichnis zu „The 1949 Geneva Conventions “
- 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 and Etienne Henry: Final Provisions, Including the Martens Clause
- Sub-Section 2 - Special Rules
- 10: Gabor Rona and 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 and 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
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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 and 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 and Stefan Wehrenberg: Domestic Implementation
Section D - The Geneva Conventions in Context
33: Frédéric Mégret: The Universality of the Geneva Conventions
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Autoren-Porträt von Andrew Clapham, Paola Gaeta, Marco Sassoli
Andrew Clapham is Professor of Public International Law at the Graduate Institute of International 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) (OUP 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) (OUP 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
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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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Bibliographische Angaben
- Autoren: Andrew Clapham , Paola Gaeta , Marco Sassoli
- 2015, 1754 Seiten, Maße: 17,4 x 25,1 cm, Gebunden, Englisch
- Herausgegeben: Andrew Clapham, Paola Gaeta, Marco Sassòli
- Verlag: Oxford University Press
- ISBN-10: 0199675449
- ISBN-13: 9780199675449
- Erscheinungsdatum: 23.10.2015
Sprache:
Englisch
Pressezitat
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
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