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The 1949 Geneva Conventions: A Commentary

The 1949 Geneva Conventions: A Commentary

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198825678
  • 出版时间 March 2018
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780199675449
¥1,045.75
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  • 描述 
  • 大纲 
  • 详细

    The four Geneva Conventions, created in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded on the battlefield, those wounded or shipwrecked at sea, the treatment of prisoners of war, and civilians in a war zone. However, since they were adopted warfare has changed considerably.

    In this groundbreaking commentary over sixty experts from multiple disciplines within international law investigate how the Geneva Conventions are applied today. It places the Conventions in the light of the developing obligations imposed by international law on states and individuals, most notably through international human rights law and international criminal law.

    The context in which the Conventions are 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 nature of certain internal 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 article, 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 impact of the Geneva Conventions in their contemporary context.

    This commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

  • 1. The Concept of International Armed Conflicts - The Interplay Between 1949 Geneva Conventions and International Human Rights Law
    2. The Temporal Scope of Application of the Conventions
    3. Rights, Powers and Obligations of Neutral Powers under the Conventions
    4. The Obligation to Respect and to Ensure Respect for the Conventions
    5. Special Agreements - The Status, Rights and Obligations of Medical and Religious Personnel
    6. Non Renunciation of the Rights Provided by the Conventions
    7. Final Provisions
    8. The Principle of Non-discrimination
    9. Hospitals - Dissemination of the Conventions, Including in Time of Armed Conflict
    10. Humanitarian Assistance
    11. Search for Missing Persons
    12. The Dead
    13. Taking of Hostages
    14. Torture and Inhumane or Degrading Treatment
    15. Rape and Sexual Violence
    16. Protected Areas
    17. The Concept of Non International Armed Conflict
    18. The Addressees of Common Article 3
    19. The Beneficiaries of the Rights Stemming from CA3
    20. Judicial Guarantees
    21. The Right of Initiative of the ICRC - The Structure of and Resulting Gaps in GC IV
    22. Applicability of the Conventions by means of Special Agreements
    23. The Role of the ICRC
    24. Protecting Powers
    25. Conciliation Procedure and Enquiry
    26. Prohibition of Reprisals
    27. The System of Repression of Grave Breaches - The Interplay Between the Geneva Conventions and International Criminal Law
    28. Domestic Implementation
    29. The Universality of the 1949 Geneva Conventions and Customary International Law
    30. Relationship with Prior or Subsequent Treaties and Conventions
    31. Who is Wounded and Sick?
    32. Who is Shipwrecked?
    33. The Obligations to Respect, Protect, Collect and Care for
    34. Buildings, Material and Transports
    35. Loss of Protection
    36. The Use of the Emblem
    37. Who is a Prisoner of War?
    38. Status and Treatment of those who do not Fulfill the Conditions for Prisoner of War Status - Admissibility of and Procedures for Internment
    39. Treatment of Prisoners of War
    40. Relations with the Outside World
    41. Prosecution of Prisoners of War
    42. Repatriation of Prisoners of War - The Concept and the Beginning of Occupation
    43. Maintenance and Reestablishment of Family Links and Transmission of Information
    44. The Administration of Occupied Territory
    45. Who is a Protected Civilian?
    46. The Prohibition of Collective Punishment
    47. Transfer of Civilians
    48. Judicial Guarantees
    49. Right to leave - Other Issues Related to the Treatment of Civilians in Enemy Hands
    50. Special Rules on Women
    51. Special Rules on Children
    52. Special Rules on Refugees
    53. Treatment of Internees - End of Internment
    54. Treatment of Internees
    55. Laws and Judicial System of the Occupied Territories - Protection of Private Property
    56. Prohibition of Settlements
    57. The End of Occupation
    58. Transfer of POWs
    59. The Protection of Public Property

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