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Do the Geneva Conventions Matter?

Do the Geneva Conventions Matter?
Author: Matthew Evangelista
Publisher: Oxford University Press
Total Pages: 377
Release: 2017
Genre: Law
ISBN: 0199379785

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The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.


The 1949 Geneva Conventions

The 1949 Geneva Conventions
Author: Andrew Clapham
Publisher: Oxford University Press
Total Pages: 1753
Release: 2015-10-15
Genre: Law
ISBN: 0191003522

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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.


Customary International Humanitarian Law

Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Total Pages: 610
Release: 2005-03-03
Genre: Law
ISBN: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.


Revisiting the Geneva Conventions: 1949-2019

Revisiting the Geneva Conventions: 1949-2019
Author: Md. Jahid Hossain Bhuiyan
Publisher: BRILL
Total Pages: 350
Release: 2019-11-11
Genre: Law
ISBN: 9004375546

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This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.


Do the Geneva Conventions Matter?

Do the Geneva Conventions Matter?
Author: Matthew Evangelista
Publisher: Oxford University Press
Total Pages: 336
Release: 2017-08-17
Genre: Political Science
ISBN: 0199379793

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The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.


Military Professionalism and Humanitarian Law

Military Professionalism and Humanitarian Law
Author: Yishai Beer
Publisher: Oxford University Press
Total Pages: 320
Release: 2018-04-09
Genre: Law
ISBN: 0190881151

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This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.


Unofficial United States Guide to the First Additional Protocol to the Geneva Conventions of 12 August 1949

Unofficial United States Guide to the First Additional Protocol to the Geneva Conventions of 12 August 1949
Author: Theodore Richard
Publisher: Independently Published
Total Pages: 200
Release: 2019-05
Genre:
ISBN: 9781076804235

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The First Additional Protocol to the Geneva Conventions ("AP I") is central to the modern law of war, widely referred to as international humanitarian law outside the United States. It updates the Geneva Conventions for protection of war victims and combines them with new or updated rules governing hostilities and the use of weapons found in the Hague Regulations Respecting the Laws and Customs of War. Due to its comprehensive nature and adoption by a majority of States, AP I is frequently cited as the source for law of war rules by attorneys and others interested in protecting humanitarian interests. The challenge for United States attorneys, however, is that their country is not a party to AP I and has been a persistent objector to many of its new rules.While the United States signed the First Additional Protocol to the Geneva Conventions in 1977, it determined, after 10 years of analysis, that it would not ratify the protocol. President Reagan called AP I "fundamentally and irreconcilably flawed."1 Yet, as will be detailed throughout this guide, United States officials have declared that aspects of AP I are customary international law. Forty years after signing AP I, and 30 years after rejecting it, the United States has never presented a comprehensive, systematic, official position on the protocol. Officials from the United States Departments of Defense and State have taken positions on particular portions of it. This guide attempts to bring those sources together in one location.


Commentary on the Third Geneva Convention

Commentary on the Third Geneva Convention
Author:
Publisher: Cambridge University Press
Total Pages: 3034
Release: 2021-09-09
Genre: Law
ISBN: 1108981704

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The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.


Commentary on the Second Geneva Convention

Commentary on the Second Geneva Convention
Author:
Publisher: Cambridge University Press
Total Pages: 1356
Release: 2017-12-21
Genre: Law
ISBN: 1108527566

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The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.


Geneva Conventions of August 12, 1949

Geneva Conventions of August 12, 1949
Author:
Publisher:
Total Pages: 282
Release: 1950
Genre: Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War
ISBN:

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