scholarly journals The updated Commentary on the First Geneva Convention – a new tool for generating respect for international humanitarian law

2015 ◽  
Vol 97 (900) ◽  
pp. 1209-1226 ◽  
Author(s):  
Lindsey Cameron ◽  
Bruno Demeyere ◽  
Jean-Marie Henckaerts ◽  
Eve La Haye ◽  
Heike Niebergall-Lackner
Keyword(s):  
Geneva Convention ◽  
Armed Forces ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Major Reference

AbstractSince their publication in 1950s and 1980s, respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides an overview of the methodology and process of the update and summarizes the main evolutions in the interpretation of the treaty norms reflected in the updated Commentary.

The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea

2016 ◽  
Vol 98 (902) ◽  
pp. 401-417
Author(s):  
Bruno Demeyere ◽  
Jean-Marie Henckaerts ◽  
Heleen Hiemstra ◽  
Ellen Nohle
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
International Committee ◽  
Historical Background ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Law Of Armed Conflict ◽  
Hospital Ships

AbstractSince their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the Convention, the type of vessels it protects (in particular hospital ships and coastal rescue craft), and its relationship with other sources of international humanitarian law and international law conferring protection to persons in distress at sea. It also outlines differences and commonalities between the First and the Second Conventions, including how these have been reflected in the updated Commentary on the Second Convention. Finally, the article highlights certain substantive obligations under the Convention and how the updated Commentary addresses some of the interpretive questions they raise.

UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage

2000 ◽  
Vol 94 (2) ◽  
pp. 406-412 ◽  
Author(s):  
Daphna Shraga
Keyword(s):  
United Nations ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Geneva Conventions ◽  
Un Peacekeeping ◽  
The United Nations ◽  
First Time

In the five decades that followed the Korea operation, where for the first time the United Nations commander agreed, at the request of the International Committee of the Red Cross (ICRC), to abide by the humanitarian provisions of the Geneva Conventions, few UN operations lent themselves to the applicability of international humanitarian law

Respect for fundamental judicial guarantees in time of armed conflict — The part played by ICRC delegates

1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
Principal Part ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Judicial Procedure ◽  
Harsh Reality

Article 75 of Protocol I additional to the Geneva Conventions lays down with admirable clarity and concision thateven in time of war, or rather especially in time of war, justice must be dispassionate. How does international humanitarian lawpromote this end? What can theInternational Committee of the Red Cross, an independent humanitarian institution, do in the harsh reality of an armed conflict towards maintaining respect for the fundamental judicial guarantees protecting persons accused of crimes, some of them particularly abhorrent?This article will first consider the Geneva Conventions and their Additional Protocols in relation to judicial procedure in time of armed conflicts. Thereafter it will examine the legal bases legitimizing international scrutiny of penal proceedings instituted against persons protected by humanitarian law. The next and principal part of the article will indicate how ICRC delegates appointed to monitor trials as observers do their job. In conclusion the article will try to evaluate this little-known aspect of the ICRC's work of protection.

International humanitarian law and the challenges of contemporary armed conflicts: Recommitting to protection in armed conflict on the 70th anniversary of the Geneva Conventions

2019 ◽  
Vol 101 (911) ◽  
pp. 869-949
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
70Th Anniversary ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
Areas Of Interest

This is the fifth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011 and 2015. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions, and areas of interest.

Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977

1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga
Keyword(s):  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Geneva Conventions ◽  
20Th Anniversary ◽  
The Government ◽  
Preparatory Work

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).

Reflections on the development of the Movement and international humanitarian law through the lens of the ICRC Library's Heritage Collection

2018 ◽  
Vol 100 (907-909) ◽  
pp. 143-163
Author(s):  
Ismaël Raboud ◽  
Matthieu Niederhauser ◽  
Charlotte Mohr
Keyword(s):  
Geneva Convention ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
The First World War ◽  
History Of ◽  
War Victims ◽  
The Way

AbstractThe International Committee of the Red Cross (ICRC) Library was first created at the initiative of the ICRC's co-founder and president, Gustave Moynier. By the end of the nineteenth century, it had become a specialized documentation centre with comprehensive collections on the International Red Cross and Red Crescent Movement, international humanitarian law (IHL) and relief to war victims, keeping track of the latest legal debates and technological innovations in the fields related to the ICRC's activities. The publications collected by the Library until the end of the First World War form a rich collection of almost 4,000 documents now known as the ancien fonds, the Library's Heritage Collection.Direct witness to the birth of an international humanitarian movement and of IHL, the Heritage Collection contains the era's most important publications related to the development of humanitarian action for war victims, from the first edition of Henry Dunant's groundbreaking Un souvenir de Solférino to the first mission reports of ICRC delegates and the handwritten minutes of the Diplomatic Conference that led to the adoption of the 1864 Geneva Convention. This article looks at the way this unique collection of documents retraces the history of the ICRC during its first decades of existence and documents its original preoccupations and operations, highlighting the most noteworthy items of the Collection along the way.

Red Cross Society of China: The 1977 Geneva Protocols and the development of international humanitarian law

1987 ◽  
Vol 27 (258) ◽  
pp. 282-287
Author(s):  
Su Wei
Keyword(s):  
Geneva Convention ◽  
Armed Conflicts ◽  
The Other ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Outstanding Problem ◽  
Geneva Conventions ◽  
Occupied Territories

Ten years ago, two Protocols additional to the Four Geneva Conventions were adopted in Geneva: one relating to the protection of victims of international armed conflicts, the other to the protection of victims of non-international armed conflicts. This marked a forward step in the development of international humanitarian law applicable in armed conflicts. The most outstanding problem confronting international humanitarian lawyers in the postwar years has been the protection of civilians in circumstances of armed conflicts, particularly in a period characterized by wars of national liberation. The two Protocols scored achievements on two points. First, provisions were elaborated aiming at protecting civilians from the effects of hostilities as opposed to simply protecting civilians in occupied territories as had been the case of the Fourth Geneva Convention of 1949. Secondly, the scope of the application of humanitarian law was greatly widened so as to bring a greater number of victims of armed conflicts under the protection of humanitarian law. This should in turn facilitate the observance and implementation of humanitarian law in conflicts. It is attempted in this paper to make some comments on the achievements of the Protocols, especially Protocol I relating to international armed conflicts.

scholarly journals The International Committee of the Red Cross and human rights

1979 ◽  
Vol 19 (208) ◽  
pp. 3-14 ◽  
Author(s):  
Dietrich Schindler
Keyword(s):  
Human Rights ◽  
International Committee ◽  
European Convention ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
25Th Anniversary ◽  
150Th Anniversary ◽  
Geneva Conventions ◽  
The Relationship

The 150th anniversary of the birth of Henry Dunant, the 30th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the European Convention on Human Rights were all celebrated in 1978. Also in 1978, both the American Convention on Human Rights (1969) and the Protocols additional to the Geneva Conventions (1977) entered into force. The concurrence of these various notable events, all relating to human rights, constitutes an appropriate occasion for an analysis of the relationship which exists between international humanitarian law and human rights.

Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

1974 ◽  
Vol 14 (156) ◽  
pp. 117-129
Keyword(s):  
United Nations ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Governmental Organizations ◽  
Geneva Conventions ◽  
Non Governmental Organizations ◽  
Recent Developments

The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts opened in Geneva on 20 February 1974. This Conference was convened by the Swiss Government and is being attended by plenipotentiary representatives of 118 States Parties to the Geneva Conventions of 12 August 1949 and Members of the United Nations, as well as by many observers for intergovernmental and non-governmental organizations. The Conference will sit until 29 March to deal with two additional draft protocols to the Geneva Conventions, which the International Committee of the Red Cross has drawn up with a view to supplementing existing international humanitarian law in the light of recent developments in matters of war.

A course on humanitarian law

1974 ◽  
Vol 14 (165) ◽  
pp. 650-650
Keyword(s):  
Armed Forces ◽  
International Committee ◽  
Red Cross ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Army Officers

From 4 to 9 November 1974, a group of army officers attended at ICRC headquarters a study course on the Geneva Conventions and on the work of the International Committee of the Red Cross. The purpose of the course was to train officers with the object of entrusting them later on with the task of disseminating knowledge of the Geneva Conventions among members of the armed forces in their own country.

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