Geneva Conventions (first three common articles)

2018 ◽  
pp. 395-396
Keyword(s):  
Geneva Conventions

Prawo okupacji a międzynarodowe budowanie państwa: mój przyjaciel wróg

2016 ◽  
pp. 7-38
Author(s):  
Grzegorz Gil
Keyword(s):  
Cold War ◽  
State Building ◽  
Status Quo ◽  
Double Standards ◽  
Jus Post Bellum ◽  
Geneva Conventions ◽  
Local Stakeholders ◽  
Imperial Politics ◽  
The Hague ◽  
The Cold War

Following the end of the cold war, the incidence of statebuilding interventions has visibly increased in the case of dysfunctional (failed) states. Today, such interventionism in a good faith promotes liberal values and is believed to be in line with international legal regimes that makes it distinctive from neo-imperial politics. Even if state-building does not generally refer to regular warfare, it often takes analogous forms to occupation, which was codified in jus in bello at the beginning of the XXth century. While the occupation law requires occupants to maintain status quo on the occupying territory (article 43 of Hague Regulations), armed state-building is transformative by definition that seems to undermine conservative provisions of the former. The article presents traditional criteria for occupation in the Hague and Geneva conventions as well as prospects and limitations of its refinement (jus post bellum). In theory, such a redefinition could launch the formulation of the statebuilding regime, which aims to reduce deficits or double-standards in international state-building by focusing on the interests of local stakeholders of transformative projects. Hence, the Author addresses three interlocking issues: occupation within state-building, the occupation law and state-building, and transformative occupation as state-building.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

Additional Protocol II: Elevating the minimum threshold of intensity?

2021 ◽  
pp. 1-28
Author(s):  
Martha M. Bradley
Keyword(s):  
Case Law ◽  
Armed Conflicts ◽  
Military Operations ◽  
Minimum Threshold ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Scope Of Application ◽  
Treaty Interpretation ◽  
Armed Violence

Abstract This paper examines the notion of intensity in the context of common Article 3 and Additional Protocol II (AP II) to the Geneva Conventions in order to establish whether AP II demands a different intensity threshold from the minimum threshold of intensity contemplated in common Article 3. The paper considers the question of whether the inclusion of the term “sustained” in the phrase “sustained and concerted military operations” intrinsic to the threshold in Article 1(1) of AP II introduces a temporal requirement in addition to mere protracted armed violence. The paper argues that the inclusion of the term “sustained” in Article 1(1) of AP II potentially demands prolonged protracted armed violence. The research aims to contribute to the existing literature on the notion of intensity demanded by the scope of application inherent in AP II through an interrogation of the phrase “sustained” military operations by employing the rules of treaty interpretation and by examining relevant case law and scholarly debate. In this way, the author hopes to contribute towards filling a lacuna with regard to the minimum threshold for intensity in the context of treaty law concerned with the classification of non-international armed conflicts.

scholarly journals ‘Not dead but sleeping’: Expanding international law to better regulate the diverse effects of ceasefire agreements

2020 ◽  
Vol 33 (3) ◽  
pp. 731-743
Author(s):  
Marika Sosnowski
Keyword(s):  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Development Studies ◽  
Humanitarian Law ◽  
Economic Networks ◽  
Citizenship Rights ◽  
Geneva Conventions ◽  
Governance Institutions ◽  
New Research

AbstractCeasefire agreements are legally governed by international humanitarian law because they have generally been considered in relation to how they affect levels of violence. However, new research in the fields of anthropology, security, and development studies suggests that ceasefires can have many more ramifications. These range from their ability to influence governance institutions, property and citizenship rights, economic networks, and security mechanisms. Consequently, this article suggests that a broader legal framework is needed through which to consider ceasefires and their consequences. While canvassing the option of ceasefires being types of contractual documents or as special agreements under Common Article 3 of the Geneva Conventions, the article concludes that the best way to regulate ceasefire agreements is through an expanded version of lex pacificatoria. Rather than being governed by hard international law, such a move would allow for the implementation of more flexible programmatic standards to influence the myriad ways ceasefires are negotiated, the conduct of belligerents, and their diverse effects on the ground during wartime.

Mission of the ICRC Vice-President to the Far East

1986 ◽  
Vol 26 (251) ◽  
pp. 112-112
Keyword(s):  
Far East ◽  
Vice President ◽  
Red Cross ◽  
Government Officials ◽  
Staff Members ◽  
Members Of Parliament ◽  
Geneva Conventions ◽  
The Far East ◽  
The Pacific ◽  
The Republic

Mr. Maurice Aubert, Vice-President of the ICRC, went on mission from 8 to 28 February to the Far East and the Pacific which brought him to Japan, the Republic of Korea, New Zealand and Australia.In each of the countries visited, Mr. Aubert met government officials, members of parliament and senior staff members of National Red Cross Societies. He discussed various issues of humanitarian interest with them, particularly with regard to the activities of the ICRC in the world and the ratification of the Protocols additional to the Geneva Conventions.

The identification of medical aircraft in periods of armed conflict

1982 ◽  
Vol 22 (229) ◽  
pp. 202-215 ◽  
Author(s):  
Philippe Eberlin
Keyword(s):  
Armed Conflict ◽  
Second World War ◽  
World War ◽  
Geneva Conventions ◽  
Technological Developments ◽  
Second World ◽  
Visual Range

Since the end of the Second World War, technological developments in armaments have produced increasingly sophisticated weapons. The most dangerous of these for air transports protected by the Geneva Conventions of 12 August 1949 are remote controlled missiles equipped with homing devices, the operating raduis of which exceeds the visual range of the protective emblems recognized by these Conventions and carried by medical aircraft. The visual range of the emblem is frequently much less than 1,000 metres.

The Prevention of Environmental Damage in Time of Armed Conflict: Proportionality and Precautionary Measures

2000 ◽  
Vol 3 ◽  
pp. 109-129 ◽  
Author(s):  
Richard Desgagné
Keyword(s):  
World War Ii ◽  
Armed Conflicts ◽  
Weapons Of Mass Destruction ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Scant Attention ◽  
Precautionary Measures ◽  
Potential Damage ◽  
Nuclear Warfare

The law of war historically paid scant attention to the protection of the environment. Its main focus was to regulate hostilities so as protect combatants from unnecessary injury. Since World War II, it has turned to the protection of the civilian population and individual civilians. It does not follow that the environment did not receive any protection at all. In as much as international humanitarian law places constraints on the use of means and methods of warfare, the environment was indirectly protected. Thus, the provisions of the Hague or the Geneva Conventions, through the protection of civilian property and objects, offer indirect protection of the environment. Similarly, the banning of weapons of mass destruction, such as biological and chemical weapons, or the restraints on activities related to nuclear warfare, such as the testing of nuclear weapons, also ultimately limit potential damage to the environment caused by armed conflicts.

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