Relevant bibliographies by topics / Article 3 Common to the Geneva Conventions

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Academic literature on the topic 'Article 3 Common to the Geneva Conventions'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Article 3 Common to the Geneva Conventions"

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Bakhsh, Dr Faiz. "SCOPE OF THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW (IHL) IN SITUATIONS OF NON-INTERNATIONAL ARMED CONFLICTS: EXTENDED APPLICABILITY OF COMMON ARTICLE.3." Journal of Law & Social Studies 1, no. 2 (December 31, 2019): 99–105. http://dx.doi.org/10.52279/jlss.01.02.99105.

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The applicability of International Humanitarian Law (IHL) in non-international conflicts is a complex phenomenon due to the undefined and unannounced nature of non-international armed conflicts. International Humanitarian Law extends its applicability to the armed conflicts of non-international nature between state and non-state armed groups or between non-state armed groups. Common article.3 to the Geneva Conventions of 1949, and 1977 Additional Protocol II to the Geneva Conventions, provide criteria for the applicability of IHL However, the states are often seen reluctant to accept international legal oversight into their internal matters and this phenomenon of violence often need to be identified and defined. This paper investigates the scope of the application of International Humanitarian Law in situations of non-international armed conflicts, mainly focussing on the extended applicability of common article.3 to the Geneva Conventions 1949, in situation of non-international armed conflicts. Various types and nature of armed conflicts, the applicability of International Humanitarian Law to non-international conflicts are discussed with special reference to the scope and applicability of Common Article.3 to the Geneva Conventions of 1949. Moreover, the binding force and territorial scope of common article.3 are discussed in a broader context as to assess the applicability of International Humanitarian Law on the changing nature of the non-international armed conflicts.
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Pejic, Jelena. "The protective scope of Common Article 3: more than meets the eye." International Review of the Red Cross 93, no. 881 (March 2011): 189–225. http://dx.doi.org/10.1017/s1816383111000130.

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AbstractNon-international armed conflicts are not only prevalent today, but are also evolving in terms of the types that have been observed in practice. The article sets out a possible typology and argues that Common Article 3 to the Geneva Conventions may be given an expanded geographical reading as a matter of treaty law. It also suggests that there is a far wider range of rules – primarily of a binding nature, but also policy-based – that apply in Common Article 3 armed conflicts with regard to the treatment of persons in enemy hands and the conduct of hostilities.
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Boelaert-Suominen, Sonja. "Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts." Leiden Journal of International Law 13, no. 3 (September 2000): 619–53. http://dx.doi.org/10.1017/s0922156500000406.

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This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.
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Vázquez, Carlos Manuel. "The Military Commissions Act, the Geneva Conventions, and the Courts: A Critical Guide." American Journal of International Law 101, no. 1 (January 2007): 73–98. http://dx.doi.org/10.1017/s0002930000029547.

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The Military Commissions Act of 2006 (MCA) was precipitated by several of the United States Supreme Court’s holdings in Hamdan v. Rumsfeld. First, the administration perceived the need to respond to the Court’s invalidation of the military commissions established pursuant to the president’s Military Order of November 13,2001, as contrary to Congress’s stipulation that such tribunals conform to the laws of war. In addition, the Court’s holding that common Article 3 of the Geneva Conventions applies to the conflict with Al Qaeda carried important implications for other national security policies. Most important, the Court’s interpretation of the scope of common Article 3 imperiled the president’s program for the interrogation of Qaeda detainees because that article prohibits cruel and degrading treatment and violating it was a criminal offense under the War Crimes Act.
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Nejbir, Deniz Arbet. "Applying Humanitarian Law: A Review of the Legal Status of the Turkey–Kurdistan Workers’ Party (pkk) Conflict." Journal of International Humanitarian Legal Studies 12, no. 1 (March 25, 2021): 37–70. http://dx.doi.org/10.1163/18781527-bja10026.

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Abstract This article assesses the applicability of the criteria for non-international armed conflict to the situation in South-Eastern Turkey. It demonstrates that the Kurdistan Workers’ Party (also known as the pkk), as a party to the conflict, fulfils the three main criteria laid down in conventional international humanitarian law and developed by indicative factors in international jurisprudence for assessing the existence of a non-international armed conflict in the context of Common Article 3 to the 1949 Geneva Conventions: being an organised armed group, having the ability to engage in ‘protracted violence’, and complying with law of armed conflict. It establishes that the pkk qualifies as an organised armed group under responsible command and has the operational ability, structure and capacity to carry out ‘protracted violence’, to respect fundamental humanitarian norms of international humanitarian law and to control territory. The article also ascertains that Turkey is clearly bound by the provisions of the four Geneva Conventions of 1949, including Common Article 3, and customary international humanitarian law. Accordingly, it concludes that the conflict between the pkk and the Turkish security forces qualifies as a non-international armed conflict within the meaning of both Common Article 3 and customary international humanitarian law.
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Askin, Kelly D. "Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status." American Journal of International Law 93, no. 1 (January 1999): 97–123. http://dx.doi.org/10.2307/2997957.

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The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tribunal authority to try defendants for crimes enunciated in Articles 2-4, namely, genocide, crimes against humanity, and violations of common Article 3 of the Geneva Conventions and of Additional Protocol II. Article 7, paragraphs (1) and (3) of the ICTY Statute and Article 6, paragraphs (1) and (3) of the ICTR Statute grant jurisdiction to these ad hoc Tribunals to try the accused for individual criminal responsibility on the bases of individual culpability and superior authority.
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Bodansky, Daniel, and Peter J. Spiro. "Hamdan v. Rumsfeld." American Journal of International Law 100, no. 4 (October 2006): 888–95. http://dx.doi.org/10.1017/s0002930000031961.

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Hamdan v. Rumsfeld. 126 S.Ct. 2749.United States Supreme Court, June 29, 2006.In Hamdan v. Rumsfeld, the U.S. Supreme Court found that the military commissions established by President George W. Bush were unauthorized by law and inconsistent with both the Uniform Code of Military Justice (UCMJ) and the 1949 Geneva Conventions. Rejecting jurisdictional challenges to its resolving the legality of the tribunals, the Court found the military commission proceedings against Hamdan to violate the “uniformity” requirement of the UCMJ, under which military commissions must be governed by the same standards as courtsmartial except where impracticable. The Court also found the tribunals to violate the Geneva Conventions as incorporated by Article 21 of the UCMJ, because the commissions did not qualify as “regularly constituted courts” as required under Common Article 3.
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Mantilla, Giovanni. "Forum Isolation: Social Opprobrium and the Origins of the International Law of Internal Conflict." International Organization 72, no. 2 (2018): 317–49. http://dx.doi.org/10.1017/s0020818318000097.

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AbstractWhy have states created international laws to regulate internal armed conflicts? This article is the first to theorize the emergence and design of these international rules, focusing on Common Article 3 to the 1949 Geneva Conventions. Drawing on original multicountry archival research, I develop the mechanism offorum isolationto explain the origins of Common Article 3, demonstrating the importance of social opprobrium pressure to explain why Britain and France switched from staunch opposition to support and leadership in 1949. Specifically, forum isolation pressured these European empires to concedeandto react strategically behind the scenes, saving face and safeguarding their security interests by deliberately inserting ambiguous language in the text of Common Article 3. This move later facilitated states' avoidance of this rule in many conflict cases.
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Droege, Cordula. "“In truth the leitmotiv”: the prohibition of torture and other forms of ill-treatment in international humanitarian law." International Review of the Red Cross 89, no. 867 (September 2007): 515–41. http://dx.doi.org/10.1017/s1816383107001245.

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AbstractThe principle of humane treatment, as Jean Pictet wrote in 1958, is in truth the leitmotiv of the four Geneva Conventions of 1949. Article 3 common to these Conventions and other provisions of International Humanitarian Law embody this absolute and minimum rule by prohibiting torture, cruel or inhuman treatment and outrages upon personal dignity. These notions can be interpreted in meaningful and practical ways through the existing instruments and jurisprudence on the prohibition of ill-treatment. Their assessment must take into account the need to respect the human being in all his or her physical, mental and moral integrity, mindful of all the circumstances of the case.
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Wojcik, Mark E. "President Bush Issues an Executive Order Interpreting Common Article 3 of the Geneva Conventions as Applied to a C.I.A. Program of Detention and Interrogation." International Legal Materials 46, no. 5 (September 2007): 978–85. http://dx.doi.org/10.1017/s0020782900005374.

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Dissertations / Theses on the topic "Article 3 Common to the Geneva Conventions"

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Mutabazi, Etienne. "The International Criminal Tribunal for Rwanda's approach to serious violations of humanitarian law." Diss., 2005. http://hdl.handle.net/10500/1472.

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On October 1, 1990 the Rwandan Patriotic Front launched a war from and with the support of the Republic of Uganda against Rwanda. This war was accompanied by unspeakable violations of International Humanitarian Law. Both conflicting parties violated the basic rules protecting the civilian population in situations of armed conflicts. The United Nations Security Council, acting under Chapter VII of its Charter, passed resolution 955 of November 8, 1994 establishing the International Criminal Tribunal for Rwanda to prosecute alleged responsible of such violations. This study investigates the background of the ICTR and questions the nature of the conflict that prompted the Security Council to establish another ad hoc international criminal tribunal after the one established for the former Yugoslavia. It further inquires into its jurisprudence and reflects critically on the ICTR's approach to serious violations of IHL under Article 3 Common to the Geneva Conventions and Additional Protocol II.
Jurisprudence
LL. M. (Law)
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Books on the topic "Article 3 Common to the Geneva Conventions"

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Arsenault, Elizabeth Grimm. Geneva Convention Compliance in Iraq and Afghanistan. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199379774.003.0005.

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US compliance with the Geneva Conventions in Iraq and Afghanistan appeared to vary with the particular subject matter and battle space. In military operations during the last decade, the United States assessed the legality of virtually every proposed target to avoid the intentional targeting of civilians. Legal specialists also, however, flagrantly overlooked Common Article 3’s minimum prescription that all captured individuals have the right to be treated humanely. This variation in compliance is explained by the shift in mission objectives: When the United States approached these conflicts as purely counterterror operations, the goal was to disrupt the enemy. However, under the population-centric counterinsurgency mission, noncompliance with the Geneva Conventions equated to mission failure. The shift from counterterrorism to counterinsurgency increased US sensitivity to civilian casualties and the operational consequences of detainee abuse. By adapting practice to comply with the Conventions, the people became the prize in the war on terror.
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Rodenhäuser, Tilman. Parties to Non-International Armed Conflicts under International Treaty Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0003.

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Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.
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David, Eric. Internal (Non-International) Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0014.

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The law of armed conflict previously applied only to international armed conflicts. Today, internal armed conflicts are regulated by Article 3 common to the four Geneva Conventions of 1949, along with an increasing number of provisions. The second Additional Protocol of 1977 (AP II) to the 1949 GC contains 18 substantive provisions devoted entirely to non-international armed conflicts (NIACs). This chapter discusses the variety and complexity of international humanitarian law rules applicable to NIACs and the criteria used for identifying the existence of a NIAC. It considers how the nature of hostilities and the quality of the actors are used as defining criteria to distinguish an armed conflict from banditry, terrorism, and short rebellions.
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Branche, Raphaëlle. The French Army and the Geneva Conventions during the Algerian War of Independence and After. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199379774.003.0006.

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France considered Algerian War of Independence an internal matter, and questioned the relevance of the Geneva Conventions. The International Committee of the Red Cross managed to get permits to visit the prisons and camps in Algeria where not only detainees but also mere suspects were held. The French military took Common Article Three into account, although the status of prisoner of war (POW) was never granted to anyone detained in any military or civil premises. To acknowledge the existence of POWs was to acknowledge that a war existed in Algeria. The National Liberation Front (FLN) fought hard to impose this reality on the French. Indeed, as the prospect of peace arose, the conditions of detention of some prisoners did improve. The chapter ends by exploring the legacies of the Algerian war on the Geneva Conventions and the French army.
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Krieger, Heike. Rights and Obligations of Third Parties in Armed Conflicts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0024.

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The chapter begins by noting that the prohibition of the use of force is the quintessential ius cogens rule of an erga omnes character. The same holds true for Common Article 1 of the Geneva Conventions. Both norms create third-party rights and obligations. However, structural deficits in the international legal order often hinder their effective enforcement. Moreover, recent state practice challenges certain obligations stemming in particular from the prohibition on the use of force. This chapter analyzes and compares the normative framework of both rules and examines recent contestations in state practice. It concludes by exploring the question as to what extent both rules reflect community interests or are still grounded on a reciprocal bilateral basis related to states’ self-interest.
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Drew, Phillip. International Humanitarian Law and Blockade. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808435.003.0007.

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This chapter is a study of how blockade law relates to international humanitarian law, particularly that set out in Additional Protocol 1 to the Geneva Conventions of 1949. Noting that under the customary law of blockade all incoming and outgoing maritime traffic is prohibited, an assessment is made on whether or not the customary requirement has been displaced by the humanitarian provisions of AP1. Focusing on the wording of article 49(3), it is shown that for a number of states, the adoption of AP1 did not change the customary law, while for some others it did. As a result of this discrepancy it is posited that in spite of recent attempts to create such an obligation through soft law approaches, there is no customary law that requires humanitarian relief operations during blockade blockades.
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Steible, Bettina. Ensuring compliance with International Humanitarian Law: the EU, France, and Spain. Universidad Pública de Navarra / Nafarroako Unibertsitate Publikoa, 2020. http://dx.doi.org/10.48035/978-84-9769-359-2.

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Contemporary armed conflicts in different parts of the world, most notably in Syria, have shown that one of the greatest challenges of International Humanitarian Law (hereafter, ‘IHL’) is the lack of a centralized monitoring mechanism in charge of ensuring that it is correctly applied and enforced. While it is difficult to have access to reliable figures on the number of civilian casualties in armed conflicts, there is no doubt that too many men, women, and children are killed unlawfully every day in blatant violation of IHL. Against this background, the involvement of the European Union (hereafter, ‘EU’) in this field, formalized with the adoption of the Guidelines on Promoting Compliance with IHL in 2005 1, constitutes a promising development for the respect and promotion of IHL. The objective of this thesis is therefore to analyze to what extent the EU and two of its Member States – France and Spain – ensure respect for IHL pursuant to Common Article 1 to the 1949 Geneva Conventions.
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Book chapters on the topic "Article 3 Common to the Geneva Conventions"

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"Geneva Conventions, Common Article 3." In Detention of Non-State Actors Engaged in Hostilities, 428. Brill | Nijhoff, 2016. http://dx.doi.org/10.1163/9789004310643_021.

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"Article 3 common to the Geneva Conventions." In The Law of Internal Armed Conflict, 30–88. Cambridge University Press, 2002. http://dx.doi.org/10.1017/cbo9780511495168.003.

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Maganza, Bianca. "Unveiling Common Article 3 to the Geneva Conventions." In Contingency in International Law, 338–50. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898036.003.0020.

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The chapter analyses the role that contingency played in the negotiation, adoption, and interpretation of Common Article 3 to the Geneva Conventions. It focuses in particular on the choice of including the Article in the Conventions, on the terminology that is used in the provision, and on the way in which the latter is currently interpreted. Through a study of the past contingencies that shaped the (hi)story of the provision, leading to the contingency of its contemporary interpretation, the chapter challenges the concept of non-international armed conflict as it is traditionally understood, proposing an exercise of self-reflexivity on the existence of different interpretive possibilities. Borrowing from both contextual and critical approaches to history, the analysis is informed by the two sibling frameworks of false necessity and false contingency, that are put in constant dialogue with each other. By adopting a two-tiered perspective, the ultimate aim of the analysis is to show that, with respect to a same issue, the necessity stemming from a given historical moment can turn into contingency when tested against the background of a different context.
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"Protection for All: The Making of Common Article 3." In The Fourth Geneva Convention for Civilians. I.B. Tauris, 2020. http://dx.doi.org/10.5040/9781838604332.0008.

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"Chapter 25. Violations of common Article 3 of the Geneva conventions." In The Legal Regime of the International Criminal Court, 619–38. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004163089.i-1122.175.

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"Article 3. Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 33–46. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.9.

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"Article 8(2)(c) ICC Statute – Violations of common Article 3 of the 1949 Geneva Conventions." In Elements of War Crimes under the Rome Statute of the International Criminal Court, 382–438. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511495144.009.

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Meron, Theodor. "Keeping POWs Safe." In Standing Up for Justice, 164–72. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863434.003.0008.

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This chapter addresses the protection of prisoners of war (POWs). Few groups of individuals are more vulnerable and more in need of protection than POWs who have been captured by their enemy or by other hostile actors. All too often, they are mistreated, tortured or even killed by those who have taken them captive or to whom they have surrendered. The Geneva Conventions and especially Common Article 3 have been cited and applied in a multitude of cases by international criminal tribunals. The chapter focuses on the case of the largest murder of POWs in the Yugoslav wars—the Ovčara massacre—a case where the Third Geneva Convention formed the gravamen of the Judgement.
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Knut, Dörmann. "8 Protection of Civilians." In The Handbook of International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198847960.003.0008.

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This chapter assesses the provisions of international law concerning the protection of civilians in armed conflict. The rules applicable in international armed conflict are highly developed and extensively codified. Of course, their scope of application is limited to conflicts of an international character, in particular armed clashes between states. Situations of foreign occupation are also international armed conflicts. The four Geneva Conventions, supplemented by their first 1977 Additional Protocol, constitute the heart of protections granted to civilians in international armed conflicts. Meanwhile, the law protecting civilians in non-international armed conflicts has been codified by Article 3 common to the four Geneva Conventions and the second 1999 Additional Protocol. Although these provisions are more summary in nature than the law on international armed conflicts, they contain important rules on the protection of civilians in an internal conflict. The chapter then considers the provisions concerning situations in which a party to an armed conflict comes into contact with civilians of the opposing side, especially with aliens on its own territory and with inhabitants of occupied territories.
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"Chapter II. From The Lieber Code Of The Drafting Of Common Article 3 Of The Geneva Conventions: The Rise Of International Law Concern." In The Formation of the Treaty Law of Non-International Armed Conflicts, 29–60. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004149243.i-170.13.

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Conference papers on the topic "Article 3 Common to the Geneva Conventions"

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Kajander, Aleksi, Agnes Kasper, and Evhen Tsybulenko. "Making the Cyber Mercenary – Autonomous Weapons Systems and Common Article 1 of the Geneva Conventions." In 2020 12th International Conference on Cyber Conflict (CyCon). IEEE, 2020. http://dx.doi.org/10.23919/cycon49761.2020.9131722.

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