1949 Geneva Conventions - Andrew Clapham

1949 Geneva Conventions

A Commentary

Andrew Clapham (Redaktør) ; Paola Gaeta (Redaktør) ; Marco Sassòli (Redaktør)

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Winner of the 2017 ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars
Forlag: Oxford University Press
Innbinding: Paperback
Språk: Engelsk
ISBN: 9780198825678
Format: 25 x 17 cm

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«One of the outstanding qualities of the book, is that despite being huge (nearly 1600-pages), The 1949 Geneva Conventions: A Commentary is surprisingly accessible...I am hugely impressed by this volume which is a staggering editorial achievement, bringing together some of the finest IHL scholarship around. There is no doubt in my mind that it will become a classic text for students and researchers.»

Katharine Fortin, Armed Groups and International Law
Cross-Cutting Issues and Common Provisions
Section A - Cross-Cutting Issues
1: Andrew Clapham: The Concept of International Armed Conflict
2: Marko Milanovic: The Applicability of the Conventions to Transnational and Mixed Conflicts
3: Gabriella Venturini: The Temporal Scope of Application of the Conventions
4: Katja Schoberl: The Geographical Scope of Application of the Conventions
5: Yves Sandoz: Rights, Powers and Obligations of Neutral Powers under the Conventions
Section B - Common Provisions
Sub-Section 1 - General
6: Robin Geiß: The Obligation to Respect and to Ensure Respect for the Conventions
7: Stuart Casey-Maslen: Special Agreements in International Armed Conflicts
8: Pierre d'Argent: Non Renunciation of the Rights Provided by the Conventions
9: Giovanni Distefano & Etienne Henry: Final Provisions, Including the Martens Clause
Sub-Section 2 - Special Rules
10: Gabor Rona & Robert J. McGuire: The Principle of Non-Discrimination
11: Elzbieta Mikos-Skuza: Hospitals
12: Flavia Lattanzi: Humanitarian Assistance
13: Anna Petrig: Search for Missing Persons
14: Daniela Gavshon: The Dead
15: David Tuck: Taking of Hostages
16: Manfred Nowak & Ralph Janik: Torture, Cruel, Inhuman or Degrading Treatment or Punishment
17: Patricia Viseur Sellers and Indira Rosenthal: Rape and Other Sexual Violence
18: Natalino Ronzitti: Protected Areas
Sub-Section 3 - Common Article 3
19: Lindsay Moir: The Concept of Non-International Armed Conflict
20: Sandesh Sivakumaran: The Addressees of Common Article 3
21: Jann K. Kleffner: The Beneficiaries of the Rights Stemming from Common Article 3
22: Sarah Knuckey: Murder in Common Article 3
23: Louise Doswald-Beck: Judicial Guarantees
24: Nishat Nishat: The Right of Initiative of the International Committee of the Red Cross
25: Luisa Vierucci: Applicability of the Conventions by means of Ad Hoc Agreements
Section C - Ensuring Compliance with the Conventions
26: Steven R. Ratner & Rotem Giladi: The Role of the International Committee of the Red Cross
27: Robert Kolb: Protecting Powers
28: Theo Boutruche: Good Offices, Conciliation, and Enquiry
29: Jerôme de Hemptinne: Prohibition of Reprisals
30: Elzbieta Mikos-Skuza: Dissemination of the Conventions, Including in Time of Armed Conflict
31: Paola Gaeta: Grave Breaches of the Geneva Conventions
32: Andreas R. Ziegler & Stefan Wehrenberg: Domestic Implementation
Section D - The Geneva Conventions in Context
33: Frédéric Mégret: The Universality of the Geneva Conventions
34: Paolo Benvenuti: Relationship with Prior and Subsequent Treaties and Conventions
35: Andrew Clapham: The Complex Relationship between the 1949 Geneva Conventions and International Human Rights Law
36: Paola Gaeta: The Interplay Between the Geneva Conventions and International Criminal Law
PART II - Specific Issues and Regimes
Section A - Geneva Conventions I and II
37: Annyssa Bellal: Who is Wounded and Sick?
38: Steven Haines: Who is Shipwrecked?
39: Gilles Giacca: The Obligations to Respect, Protect, Collect and Care for the Wounded, Sick and Shipwrecked
40: Stuart Casey-Maslen: The Status, Rights, and Obligations of Medical and Religious Personnel
41: Katja Schöberl: Buildings, Material and Transports
42: Tom Haeck: Loss of Protection
43: Antoine A. Bouvier: The Use of the Emblem
Section B - Geneva Convention III
44: Sean Watts: Who is a Prisoner of War?
45: Laura M. Olson: Status and Treatment of Those Who Do Not Fulfill the Conditions for Prisoner of War Status
46: Marie-Louise Tougas: Determination of Prisoner of War Status
47: Keiichiro Okimoto: Evacuation and Transfer of Prisoners of War
48: Silvia Sanna: Treatment of Prisoners of War
49: Sharon Weill: Relations with the Outside World
50: Peter Rowe: Penal or Diciplinary Proceedings Brought against a Prisoner of War
51: Marco Sassòli: Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
Section C - Geneva Convention IV
Sub-Section 1 - General
52: Nishat Nishat: The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
53: Heike Spieker: Maintenance and Re-establishment of Family Links and Transmission of Information
54: Anne-Laurence Graf-Brugere: The Derogation Clause
Sub-Section 2 - Civilians in the Hands of the Enemy: General Protection
55: Elizabeth Salmon: Who is a Protected Civilian?
56: Shane Darcy: The Prohibition of Collective Punishment
57: Pamela Anne Hylton: The Right to Leave
58: Vincent Chetail: The Transfer and Deportation of Civilians
59: Payam Akhavan: Judicial Guarantees
60: Iris van der Heijden: Other Issues Relating to the Treatment of Civilians in Enemy Hands
Sub-Section 3 - Specific Protection
61: Noelle Quenivet: Special Rules on Women
62: Hans-Joachim Heintze and Charlotte Lulf: Special Rules on Children
63: François Crépeau & Bethany Hastie: Special Rules on Refugees
Sub-Section 4 - Internment
64: Laura M. Olson: Admissibility of and Procedures for Internment
65: Bruce Oswald and Lucrezia Iapichino: Treatment of Internees
66: Bruce Oswald: End of Internment
Sub-Section 5 - Occupied Territories
67: Marco Sassoli: The Concept and the Beginning of Occupation
68: Yutaka Arai-Takahashi: Law-Making and the Judicial Guarantees in Occupied Territories
69: Michael Bothe: The Administration of Occupied Territory
70: Gilles Giacca: Economic, Social and Cultural Rights in Occupied Territories
71: Yutaka Arai-Takahashi: Protection of Private Property
72: Anicee Van Engeland: Protection of Public Property
73: Christian Tomuschat: Prohibition of Settlements
74: Julia Grignon: The Geneva Conventions and the End of Occupation
Andrew Clapham is Professor of Public International Law at the Graduate Institute of International and Development Studies, Geneva. Before he joined the GIIS in 1997, he was the Representative of Amnesty International to the United Nations in New York. His current research relates to the role of non-state actors in international law and related questions in human rights and humanitarian law. Andrew Clapham was the Director of the Geneva Academy of International
Humanitarian Law and Human Rights from 2006 until 2014. His publications include The Oxford Handbook of International Law in Armed Conflict (co-edited with Paola Gaeta) (2014), Human Rights: A Very Short Introduction (2007), Human Rights Obligations of Non-State Actors (2006), and International Human
Rights Lexicon (2005), with Susan Marks. He is an academic associate member of Matrix Chambers in London.

Paola Gaeta (PhD in Law, European University Institute, 1997) was Assistant Professor (1998), Associate Professor (2001) and then Tenured Professor (2001-2010) of Public International Law at the University of Florence. She is currently Tenured Professor of International Criminal Law at the Law Faculty of the University of Geneva and Adjunct Professor of International Criminal Law at the Graduate Institute for International and Development Studies. From 2007 until 2014, she was the Director of
the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights and from 2011 until 2014 Director of the Academy itself. She is a Member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of
the European Journal of International Law. Her publications include The Oxford Handbook of International Law in Armed Conflict (co-edited with Andrew Clapham) (2014).

Marco Sassoli (PhD in Law, Basel, 1989) is Professor of International Law and Director of the Department of International Law and International Organization at the University of Geneva. From 2001-2003, Marco Sassoli was Professor of International Law at the Universite du Quebec a Montreal, Canada, where he remains Associate Professor. He is member of the International Commission of Jurists. He has worked from 1985-1997 for the International Committee of the Red Cross
(ICRC) at the headquarters, inter alia as Deputy Head of its Legal Division, and in conflict areas, in particular the Middle East and the Balkans. He has also served as registrar at the Swiss Supreme Court, and from 2004-2013 as chair of the board of Geneva Call, an NGO engaging non-state armed actors to respect humanitarian