Extraterritoriality of Human Rights Treaties

1995 ◽  
Vol 89 (1) ◽  
pp. 78-82 ◽  
Author(s):  
Theodor Meron

On the eve of the planned U.S. invasion of Haiti, responding to an appeal from the International Committee of the Red Cross to apply international humanitarian law, the United States stated that [i]f it becomes necessary to use force and engage in hostilities, the United States will, upon any engagement of forces, apply all of the provisions of the Geneva Conventions and the customary international law dealing with armed conflict.Further, the United States will accord prisoner of war treatment to any detained member of the Haitian armed forces. Any member of the U.S. armed forces who is detained by Haitian forces must be accorded prisoner of war treatment.

2015 ◽  
Vol 97 (900) ◽  
pp. 1209-1226 ◽  
Author(s):  
Lindsey Cameron ◽  
Bruno Demeyere ◽  
Jean-Marie Henckaerts ◽  
Eve La Haye ◽  
Heike Niebergall-Lackner

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.


1974 ◽  
Vol 14 (165) ◽  
pp. 650-650

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.


1965 ◽  
Vol 5 (55) ◽  
pp. 527-528 ◽  

It will be recalled that the International Committee of the Red Cross addressed to the Governments of the Republic of Viet Nam, of the Democratic Republic of Viet Nam, as well as of the United States of America an appeal urging them to respect, in present conditions, the humanitarian provisions of the Geneva Conventions to which these States have acceded. This appeal was also sent to the National Liberation Front. In its number of September 1965, the International Review published the replies received by the ICRC. The one dated August 10, 1965, emanated from the United States Government and the other of August 11, 1965, was sent by the Government of the Republic of Viet Nam.


1989 ◽  
Vol 29 (269) ◽  
pp. 111-124 ◽  
Author(s):  
Françoise J. Hampson

It is commonly accepted that education in human rights may be one of the most effective tools in promoting the observance of those rights. Those whose profession entails the exercise of power over others have an obvious need to know the limits of their power and members of the armed forces represent just such a group. Their acts engage the responsibility of their State under human rights treaties, wherever those acts are committed. Some instruction in human rights law, particularly non-derogable rights, is therefore necessary but the body of rules which imposes the greatest prohibitions and restraints on the conduct of armed forces is humanitarian law. That term is used here as including both “The Hague law”, which imposes limits on the means and methods of warfare, and “Geneva law”, which seeks to protect certain victims of the conflict, such as the wounded and sick in the field, the wounded, sick and shipwrecked at sea, prisoners of war and civilians living under belligerent occupation. The latter body of rules was updated in 1977 by the addition of two Protocols which extended the range of protection by incorporating elements of “The Hague law”. The 1949 Geneva Conventions have been ratified by 166 States and Hague Convention IV, with which we shall principally be dealing, was held by the Nuremberg Tribunal to represent customary international law. To all intents and purposes then, every State is bound by the two bodies of rules. In addition, the 1977 Protocols are binding on those States which have ratified them.


1991 ◽  
Vol 31 (284) ◽  
pp. 483-490
Author(s):  
Rémi Russbach ◽  
Robin Charles Gray ◽  
Robin Michael Coupland

The surgical activities of the International Committee of the Red Cross stem from the institution's general mandate to protect and assist the victims of armed conflict.The war wounded are thus only one category of the victims included in the ICRC's terms of reference.The ICRC's main role in relation to the war wounded is not to treat them, for this is primarily the responsibility of the governments involved in the conflict and hence their army medical services. The task of the ICRC is first and foremost to ensure that the belligerents are familiar with the provisions of the Geneva Conventions and apply them, that is, care for members of the enemy armed forces as well as their own and afford medical establishments and personnel the protection to which they are entitled.


2000 ◽  
Vol 94 (2) ◽  
pp. 406-412 ◽  
Author(s):  
Daphna Shraga

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


1987 ◽  
Vol 26 (2) ◽  
pp. 553-560

The four 1949 Geneva Conventions (for the amelioration of the condition of the wounded and sick in armed forces in the field, for the amelioration of the condition of the wounded, sick, and shipwrecked members of armed forces at sea, relative to the treatment of prisoners of war, and relative to the protection of civilian persons in time of war) can be found at 6 UST 3114, 3217, 3316, 3516 and 75 UNTS 31, 85, 135, 287. The two 1977 Protocols (I – relating to the protection of victims of international armed conflicts and II – relating to the protection of victims of noninternational armed conflicts) appear respectively at 16 I.L.M. 1391 and 1442 (1977).


1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser

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.


2019 ◽  
Vol 101 (911) ◽  
pp. 869-949

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.


1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga

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).


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