4 juillet 2016

OUVRAGE : A. Clapham, P. Gaeta, M. Sassòli (eds.), The 1949 Geneva Conventions: A Commentary


The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded on the battlefield, those wounded or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted, warfare has changed considerably. This book investigates the application of the Geneva Conventions and explains how they should be interpreted today. It considers the Conventions in 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. This commentary adopts a thematic approach while providing detailed analysis of all the relevant Articles of the 1949 Geneva Conventions.

Preliminary Material
Table of Cases
Table of Legislation
List of Abbreviations
List of Contributors
Main Text


A. Cross-Cutting Issues

Ch. 1. The Concept of International Armed Conflict
Ch. 2. The Applicability of the Conventions to ‘Transnational’ and ‘Mixed’ Conflicts
Ch. 3. The Temporal Scope of Application of the Conventions
Ch. 4. The Geographical Scope of Application of the Conventions
Ch. 5. Rights, Powers, and Obligations of Neutral Powers under the Conventions
B. Common Provisions
1. General
2. Special Rules
3. Common Article 3
C. Ensuring Compliance with the Conventions
Ch. 26. The Role of the International Committee of the Red Cross
Ch. 27. Protecting Powers
Ch. 28. Good Offices, Conciliation, and Enquiry
Ch. 29. Prohibition of Reprisals
Ch. 30. Dissemination of the Conventions, Including in Time of Armed Conflict
Ch. 31. Grave Breaches of the Geneva Conventions
Ch. 32. Domestic Implementation
D. The Geneva Conventions in Context
Ch. 33. The Universality of the Geneva Conventions
Ch. 34. Relationship with Prior and Subsequent Treaties and Conventions
Ch. 35. The Complex Relationship Between the Geneva Conventions and International Human Rights Law
Ch. 36. The Interplay Between the Geneva Conventions and International Criminal Law

A. Geneva Conventions I and II
Ch. 37. Who Is Wounded and Sick?
Ch. 38. Who is Shipwrecked?
Ch. 39. The Obligations to Respect, Protect, Collect, and Care for the Wounded, Sick, and Shipwrecked
Ch. 40. The Status, Rights, and Obligations of Medical and Religious Personnel
Ch. 41. Buildings, Material, and Transports
Ch. 42. Loss of Protection
Ch. 43. The Use of the Emblem
B. Geneva Convention III
Ch. 44. Who Is a Prisoner of War?
Ch. 45. Status and Treatment of Those Who Do Not Fulfil the Conditions for Status as Prisoners of War
Ch. 46. Determination of Prisoner of War Status
Ch. 47. Evacuation and Transfer of Prisoners of War
Ch. 48. Treatment of Prisoners of War
Ch. 49. Relations with the Outside World
Ch. 50. Penal or Disciplinary Proceedings Brought against a Prisoner of War
Ch. 51. Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
C. Geneva Convention IV
1. General
2. Civilians in the Hands of the Enemy: General Protection
3. Specific Protection
4. Internment
5. Occupied territories
Further Material

Andrew CLAPHAM, Paola GAETA, Marco SASSÒLI (eds.), The 1949 Geneva Conventions: A Commentary, Oxford, Oxford University Press, 2016 (1760 pp.) 

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