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

Andrew CLAPHAM, Paola GAETA, Marco SASSÒLI

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.

TABLE OF CONTENTS

Preliminary Material
Preface
Acknowledgements
Contents
Table of Cases
Table of Legislation
List of Abbreviations
List of Contributors
Main Text

Part I. CROSS-CUTTING ISSUES AND COMMON PROVISIONS

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

Part II. SPECIFIC ISSUES AND REGIMES

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
Index

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