The 1949 Geneva Conventions: A CommentaryAndrew Clapham, Paola Gaeta, Marco Sassòli 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. |
Other editions - View all
The 1949 Geneva Conventions: A Commentary Andrew Clapham,Paola Gaeta,Marco Sassòli Limited preview - 2015 |
The 1949 Geneva Conventions: A Commentary Andrew Clapham,Paola Gaeta,Marco Sassòli,Iris van der Heijden Limited preview - 2015 |
The 1949 Geneva Conventions: A Commentary Andrew Clapham,Paola Gaeta,Marco Sassòli No preview available - 2018 |
Common terms and phrases
according activities acts Additional agreement Appeals application armed conflict armed forces armed groups assistance attacks authority belligerent Chamber Judgment civilians combat Commission committed Common Article concerned conduct considered constitute Court crimes customary Decision effect ensure established example existence fact forces GC III Geneva Conventions Government hospital hostilities Human Rights ICRC CIHL Study ICTY individual International Criminal International Humanitarian Law International Law interpretation issue Judgment limited means military nature neutral NIAC non-state objects obligation operations organization para paragraph paras particular parties persons Pictet Commentary GC possible Power POWs practice prevent principle prohibition Prosecutor protected Protocol provisions question reasons Red Cross referred regard relating relevant relief Report reprisals respect responsibility rules Security situations specific Statute territory tion torture treatment treaty Trial Chamber Tribunal United victims violations violence wounded zone