Journal articles: 'Geneva Conventions (1949)'

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Rey-Schyrr, Catherine. "Les Conventions de Genève de 1949: une percée décisive (seconde partie)." International Review of the Red Cross 81, no. 835 (September 1999): 499–529. http://dx.doi.org/10.1017/s1560775500059770.

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At the outbreak of the Second World War, international humanitarian law was made up of the various Hague Conventions of 1907 and the two 1929 Geneva Conventions, none of which dealt in a satisfactory manner with the risks faced by the civilian population. Experience during the war made a major revision of international humanitarian law a priority after 1945. This articles traces the history of that endeavour up to the adoption by a diplomatic conference, on 12 August 1949, of the four Geneva Conventions for the protection of war victims. Particular emphasis is laid on the link between the ICRC's wartime experience with the inadequate law of the day and the negotiations for new legal provisions. The second part of the article identifies the major advances represented by the 1949 Geneva Conventions, one of the more important being the fact that the law's scope was extended to non-international armed conflicts. Though making no claim to perfection, the new Geneva Conventions nevertheless laid a sound basis on which adequate solutions may be found when military considerations and humanitarian exigencies clash.

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S. Nurbani, Erlies. "KEWAJIBAN INDONESIA BERDASARKAN KETENTUAN YANG BERSAMAAN KONVENSI JENEWA 1949." Jurnal Jatiswara 33, no. 3 (November 28, 2018): 329. http://dx.doi.org/10.29303/jatiswara.v33i3.181.

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As a part of international community, which had ratify various of international agreements, Indonesia obliged to create national laws which compatible with international agreements. Since ratification of international agreements is not a final process which must comply by a state to abide the international agreements. The adjusment of national law whether with establish the new law or amendment the existed law, is repercussions of ratifications phase which state have to fulfill. One of Indonesia obligations, based on Geneva Conventions 1949 for the Protection of Victims of War, i.e common articles of Article 49 Geneva Convention I, Article 50 Geneva Convention II, Article 129 Geneva Convention III and Article 146 Geneva Convention IV is to establish national law on grave breaches of the convention and to prosecute the perpetrators. This article try to examine further on the Indonesia obligations based on th common articles and its implementaion in Indonesia, after 60 years of Indonesia accesion to the Geneva Conventions 1949 with the Law Number 59 Year 1958 on Indonesia Participation on all of Geneva Conventions 1949.

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Rautenbach, Christa. "Revisiting the Geneva Conventions: 1949-2019." Potchefstroom Electronic Law Journal 23 (April 24, 2020): 1–5. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7843.

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This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary of the Geneva Conventions and provides Asian perspectives on the challenges of the 21st century.

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Gasser, Hans-Peter. "Universal acceptance of international humanitarian law — Promotional activities of the ICRC." International Review of the Red Cross 34, no. 302 (October 1994): 450–57. http://dx.doi.org/10.1017/s0020860400078451.

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In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.

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Rebkalo, M. M., and V. S. Oliinyk. "CORRESPONDENCE OF THE GENEVA CONVENTIONS (1949) WITH THE CONSTITUTIONAL AND MILITARY LEGISLATION OF UKRAINE: LEGAL ANALYSIS." Scientific Herald of Sivershchyna. Series: Law 2022, no. 1 (March 31, 2022): 19–29. http://dx.doi.org/10.32755/sjlaw.2022.01.019.

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The essence of the Geneva Conventions (1949), which deal with the protection of persons under the rule of the protecting state during the war are summarized in the article. The correspondence of the norms of the constitutional legislation of Ukraine with the Geneva Conventions (1949) in the context of such values as freedom, non-discrimination, justice, responsibility is studied. It is found out that the Constitution of Ukraine and some constitutional laws contain norms concerning the rights and freedoms of persons, including war prisoners and civilians, who needs protection. These norms coincide with the requirements of the Geneva Conventions (1949). But the norms of constitutional law are local in their nature, and international norms are universal ones. It is noted that the constitutional legislation and the Geneva Conventions (1949) have certain collisions. Some acts of military legislation of Ukraine and their correspondence the Geneva Conventions (1949) are analyzed. Attention is drawn to the Charter of the Internal Service of the Armed Forces of Ukraine, which defines the obligations of certain categories of persons to comply with international humanitarian law. Among them are the Assistant Brigade Commander for Legal Affairs and Chief Sergeants of the Battalion, Troop and Platoon. It is mentioned that such approach allows not only to implement the rules of the Geneva Conventions (1949), but also to control this process. The conformity of by-laws of the military legislation of Ukraine to the requirements of the Geneva Conventions (1949) is revealed. It is stated that, among other things, these acts define the information about war victims, namely: wounded and sick, persons who suffered from a shipwreck, war prisoners and others whose freedom is restricted due to armed conflict, civilians at the occupied territories. The conclusions state that the Geneva Conventions (1949) and the constitutional and military legislation of Ukraine protect the rights and freedoms of war victims, although they need some unification. Key words: Geneva Conventions, “Geneva Law”, rights and freedoms, constitutional law, military law, war prisoners, civilians, protecting state.

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Joncic, Vladan, and Milos Petrovic. "Military necessity in Geneva conventions of 1949." Medjunarodni problemi 64, no. 2 (2012): 180–201. http://dx.doi.org/10.2298/medjp1202180j.

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The fundamental question of international law of armed conflict is the question of military necessity principle in international law of armed conflict, ie. in international humanitarian law. Hearings on this issue is necessary because it is still the danger that the principle of recognition of the needs of military regulations and deceive the application of international law of armed conflict. That?s why the military needs to be seen as a permitted deviation from compliance with rules of war. Extreme, this concept has led to the emergence of the theory of the military. Its radical variant of the proceeds from the Maxims of German classical scholars of international law. The result of theoretical assumptions had the effect of limiting the acceptance of military necessity of the first codification of the day. The four Geneva Conventions of 1949. The heavily consider the military. In all the texts of international conventions is determined by military necessity, as a circumstance or set of circumstances which affect the duty of obeying the regulations of international law. In international law there is no general rule of military necessity as a basis or reason for justified violations of rules of international law of armed conflict. The rules of international law represent a compromise between the desire for a decoration rules of warfare and the need to ensure all the necessary tools that can lead to victory. The four Geneva Conventions of 1949. the military need to provide in terms of the principles of humanity. Set rules on military necessity in the Geneva Conventions give the right correction factor in the role of the law of armed conflict. The Geneva Conventions there is a degree of confusion in terminology, where the concept of military necessity needlessly allocated a number of synonyms. This is because the international law of armed conflict and emerged as a normative regulation of proportionality between the military needs) and general principles and humane principles.

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Forsythe, David P. "The 1949 Geneva Conventions after Seventy Years." Global Governance: A Review of Multilateralism and International Organizations 25, no. 3 (September 25, 2019): 359–69. http://dx.doi.org/10.1163/19426720-02503001.

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van Elst, Richard. "Implementing Universal Jurisdiction Over Grave Breaches of the Geneva Conventions." Leiden Journal of International Law 13, no. 4 (December 2000): 815–54. http://dx.doi.org/10.1017/s0922156500000480.

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As the most serious war crimes (grave breaches) should not be left unpunished, the 1949 Geneva Conventions contain an unusually worded obligation to either prosecute such a suspected war criminal or to hand him over to another country to be tried there (aut judicare aut dedere in stead of aut dedere aut judicare). Fifty years on, less than one in six of the parties to the Conventions have established universal jurisdiction over grave breaches which is necessary to prosecute a suspect if he was to be found in their country. An assessment and classification of the Conventions, national laws, prosecutions and practical obstacles. But if, what God forbid, these Conventions should ever have to be applied, they must be obeyed.M.W. Mouton, Diplomatic Conference, Geneva 16 July 1949

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Triansyah, Zuhri, and Maratun Saadah. "Pelanggaran Prinsip Kemanusiaan terhadap Tawanan Perang di Penjara Abu Ghraib Ditinjau dari Konvensi Jenewa 1949." Uti Possidetis: Journal of International Law 3, no. 1 (February 26, 2022): 01–31. http://dx.doi.org/10.22437/up.v3i1.14776.

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This article discusses forms of legal responsibility regarding violations of humanitarian principles in humanitarian law against the treatment of prisoners of war in Abu Ghraib prison in terms of the Geneva convention of 1949. Legal liability is an obligation that arises from violations committed by individuals or the state because they are considered contrary to the law or conventions. applicable. This article uses a normative juridical method with the main source being legal materials containing normative legal rules. The results of the discussion of this article show that the principle of state responsibility related to human rights violations is realized by taking legal action against individual perpetrators and providing compensation to victims and is regulated in the Geneva Conventions. Second, the United States is responsible for the provisions stipulated in the Geneva Conventions of 1949 concerning violations of humanitarian principles by bringing to justice the perpetrators who have violated humanitarian principles through the United States military court.

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Meron, Theodor. "The Geneva Conventions as Customary Law." American Journal of International Law 81, no. 2 (April 1987): 348–70. http://dx.doi.org/10.2307/2202407.

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At first glance, the question of the customary character of the Geneva Conventions of August 12, 1949 for the Protection of Victims of War might appear academic. After all, the question arises infrequently in view of the universal acceptance of the Conventions as treaties (they are binding on even more states than the Charter of the United Nations). That the matter may have practical importance, however, was recently brought home by its consideration by the International Court of Justice (ICJ) in the merits phase of Military and Paramilitary Activities in and against Nicaragua. Moreover, in numerous countries where customary law is treated as the law of the land but an act of the legislature is required to transform treaties into internal law, the question assumes importance if no such law has been enacted. Failure to enact the necessary legislation cannot affect the international obligations of these countries to implement the Geneva Conventions; but invoking a certain norm as customary rather than conventional in such situations may be crucial for ensuring protection of the individuals concerned.

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Smith, Brian. "The Canadian Red Cross Society and the Protocols additional to the Geneva Conventions." International Review of the Red Cross 27, no. 259 (August 1987): 376–78. http://dx.doi.org/10.1017/s0020860400025845.

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The Canadian Red Cross Society has strongly supported the adoption of the Protocols additional to the Geneva Conventions of 12 August 1949 as logical, essential extensions of the Conventions. The Protocols bring the Conventions of 1949 up to date. They make the true application of international humanitarian law (IHL) in armed conflicts relevant, meaningful and possible in the modern world to fulfil its ultimate aim—to provide protection and assistance to all victims of all conflicts.

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Abu-Goura, Ahmad. "Jordan National Red Crescent Society: Tenth Anniversary of the 1977 Additional Protocols: A Jordanian View." International Review of the Red Cross 27, no. 258 (June 1987): 293–96. http://dx.doi.org/10.1017/s0020860400025602.

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Twenty years after the adoption of the four Geneva Conventions in 1949, the concerned world humanitarian organisations and in particular the ICRC, felt the need to develop these humanitarian treaties. After several preliminary meetings with experts from various governments and National Societies, the ICRC came to the conclusion that it would not be appropriate to revise the 1949 Conventions, but that two additional Protocols should be drawn up. The first should deal with “international armed conflicts” and the second with “non-international armed conflicts”. Both Protocols were intended to complement and supplement the Geneva Conventions. They are the outcome of prolonged and diversified discussions among high-ranking Red Cross and Red Crescent officials and government representatives who all attempted to find new solutions for gaps in the Geneva Conventions, thereby taking into account developments on the world political scene.

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McDonald, Avril. "The Year in Review." Yearbook of International Humanitarian Law 1 (December 1998): 113–60. http://dx.doi.org/10.1017/s1389135900000076.

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Since the breakthrough adoption in 1977 of Protocols I and II Additional to the Geneva Conventions of 1949, the major issue and biggest challenge facing international humanitarian law (IHL) has been its implementation. The two Additional Protocols addressed many, though not all, of thelacunaeleft in IHL after the adoption of the Geneva Conventions in 1949. As one commentator has noted: ‘There is, however, aparticularly acute contrast between humanitarian law's highly developed rules, many of which enjoy nearly universal acceptance, and the repeated violations of those rules in conflicts around the world.’

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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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Veuthey, M. "The contribution of the 1949 Geneva Conventions to international security." Refugee Survey Quarterly 18, no. 3 (October 1, 1999): 20–26. http://dx.doi.org/10.1093/rsq/18.3.20.

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Kusuma, Grace Natalia, and Tiffany Setyo Pratiwi. "PEMBERIAN STATUS TERHADAP TERORIS BERDASARKAN KONVENSI JENEWA." JDP (JURNAL DINAMIKA PEMERINTAHAN) 3, no. 2 (August 31, 2020): 133–46. http://dx.doi.org/10.36341/jdp.v3i2.1347.

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This research analyzes about the status that given towards terrorists according to the Geneva Conventions as a source of International Humanitarian Law. This research is using descriptive qualitative methods to describe the practices carried out by terrorists and violations committed against the International Humanitarian Law. The sources for this research are from literature studies with secondary data sources such as books, articles, research journals, mass media, college notes, and internet sites. This research describing that according to the Geneva Conventions, the status given to terrorists as perpetrators of crimes against humanity is unlawful combatant. In addition, the ICRC also gives unprivileged belligerent status to those who carry out their acts of terrorist as individuals and do not have assimilation with any terrorism groups. Acts of terrorism have also been proven to violates the Geneva Conventions, including Article 33 and Article 147 of the Geneva Convention IV 1949, Articles 51 and 85 of Additional Protocol I 1977, and Article 13 of Additional Protocol II 1977.

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Schindler, Dietrich. "Significance of the Geneva Conventions for the contemporary world." International Review of the Red Cross 81, no. 836 (December 1999): 715–29. http://dx.doi.org/10.1017/s1560775500103682.

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Résumé L'évolution du droit international humanitaire au cours des cinquante dernières années a été caractérisée par deux orientations contradictoires. La première est le progrès considérable intervenu dans cette partie du droit international. Le droit international humanitaire est aujourd'hui l'une des branches du droit international dont les règles sont les plus exhaustives: la plupart des aspects de la protection des personnes dans les conflits armés et de la conduite des hostilités ont fait l'objet de dispositions détaillées. En outre, les Conventions de Genève de 1949 ont acquis une reconnaissance pratiquement universelle. Un grand nombre de leurs dispositions sont maintenant reconnues comme étant des règles du droit coutumier et font partie du jus cogens. Ce succès remarquable contraste toutefois avec la seconde orientation, à savoir les violations flagrantes des Conventions et l'augmentation inquiétante du nombre d'actes inhumains et cruels commis au cours des conflits armés des dernières années. Les catastrophes humanitaires causées par la guerre sont devenues l'un des problèmes majeurs de notre temps. Il est évident que les dispositions juridiques n'ont pas toujours donné les résultats que l'on attendait d'elles au moment de leur adoption. À cet égard, l'évolution des Conventions de Genève au cours des cinquante dernières années est marquée à la fois par le succès et l'échec. — L'auteur examine d'abord l'évolution normative du droit international humanitaire depuis 1949, puis analyse les causes des violations massives qui ont été commues pendant h même période.

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Bugnion, François. "Adoption of the Additional Protocols of 8 June 1977: A milestone in the development of international humanitarian law." International Review of the Red Cross 99, no. 905 (August 2017): 785–96. http://dx.doi.org/10.1017/s1816383118000413.

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AbstractOn 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts adopted two Protocols Additional to the 1949 Geneva Conventions. This was the result of nearly ten years of intensive and delicate negotiations. Additional Protocol I protects the victims of international armed conflicts, while Additional Protocol II protects the victims of non-international armed conflicts. These Protocols, which do not replace but supplement the 1949 Geneva Conventions, updated both the law protecting war victims and the law on the conduct of hostilities. This article commemorates the 40th anniversary of the adoption of the 1977 Additional Protocols.

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Bar-Yaacov, Nissim. "Some Aspects of Prisoner-of-war Status According to the Geneva Protocol I of 1977." Israel Law Review 20, no. 2-3 (1985): 243–81. http://dx.doi.org/10.1017/s0021223700017647.

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The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva during the years 1974–1977. On 8 June 1977, the Conference adopted by consensus two Protocols Additional to the Geneva Conventions of 12 August 1949, the first relating to the protection of victims of international armed conflicts (Protocol I), and the second relating to the protection of victims of noninternational armed conflicts (Protocol II).The states invited to the Conference were all the states Parties to the Geneva Conventions of 1949, and such states non-Parties as were members of the United Nations. 126 states were represented at the first session, 121— at the second, 106—at the third and 109—at the fourth.

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Meyrowitz, Henri. "The function of the laws of war in peacetime." International Review of the Red Cross 26, no. 251 (April 1986): 77–88. http://dx.doi.org/10.1017/s0020860400022634.

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Several provisions of the 1949 Geneva Conventions and of Protocol I of 1977 stipulate, expressly or implicitly, that the respective Contracting Power must implement them as soon as said instruments enter into force, that is already in peacetime. This is the case, in particular, of the articles common to the four Geneva Conventions concerning the widest possible dissemination of the text of the Conventions and the obligation of the Contracting Parties to communicate to one another the official translations of the Conventions, as well as the laws and regulations they adopt to ensure the application thereof.

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Cauderay, Gerald C. "Visibility of the distinctive emblem on medical establishments, units, and transports." International Review of the Red Cross 30, no. 277 (August 1990): 295–321. http://dx.doi.org/10.1017/s0020860400075744.

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The Geneva Conventions of 12 August 1949 provide that medical personnel and equipment shall in general be identified by the distinctive emblem of the red cross or red crescent. The Second Geneva Convention, applicable to the victims of conflict at sea, specifies that the exterior surfaces of hospital ships and smaller craft used for medical purposes shall be white and recommends that the parties to the conflict use “the most modern methods” to facilitate identification of medical transports at sea (Art. 43).

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Meriboute, Zidane. "The Emblems of the 1949 Geneva Conventions: their Content and Meaning." Yearbook of International Humanitarian Law 3 (December 2000): 258–72. http://dx.doi.org/10.1017/s1389135900000659.

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From time immemorial, human beings have communicated using signs of one kind or another, among them gestures and graphic images. Knowledge of these different forms of communication gradually spread, and they became part of the common heritage of peoples and of humanity as a whole. The respect inspired by signs and symbols stems from the fact that they perform vital functions, such as channeling knowledge, helping survival and protecting individuals and their communities.

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Focarelli, C. "Common Article 1 of the 1949 Geneva Conventions: A Soap Bubble?" European Journal of International Law 21, no. 1 (February 1, 2010): 125–71. http://dx.doi.org/10.1093/ejil/chq017.

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Sommaruga, Cornelio. "The Protocols additional to the Geneva Conventions: a quest for universality." International Review of the Red Cross 27, no. 258 (June 1987): 243–49. http://dx.doi.org/10.1017/s0020860400025511.

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Ten years ago, on 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts adopted two Protocols additional to the Geneva Conventions of 1949, one relating to the protection of victims of international armed conflicts and the other to the protection of victims of non-international armed conflicts.

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BENALI, Djamila. "PROTECTION OF THE RIGHT OF ASYLUM IN INTERNATIONAL LAW." RIMAK International Journal of Humanities and Social Sciences 03, no. 03 (March 1, 2021): 152–62. http://dx.doi.org/10.47832/2717-8293.3-3.13.

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The question of asylum was considered a key issue in the International Code of charters and the Code of Human Rights. It is a human right enshrined in international conventions and confirmed by regional conventions. The 1951 Convention for the Protection of Refugees and the 1967 Protocol relating to Refugees constitute a fundamental reference for the protection of the right of asylum. In addition, international humanitarian law has also contributed to the protection of the right of asylum through the provisions of the Fourth Geneva Convention of 1949.

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The Review. "Before, during, and after the crisis." International Review of the Red Cross 35, no. 306 (June 1995): 239–43. http://dx.doi.org/10.1017/s002086040008387x.

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The importance of promoting knowledge of international humanitarian law has been recognized since its beginnings. Dissemination was made an obligation for States by the Geneva Conventions of 1949 and their Additional Protocols of 1977.

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Warbrick, Colin, Dominic McGoldrick, Peter Rowe, and Michael A. Meyer. "II. The Geneva Conventions (Amendment) Act 1995: A Generally Minimalist Approach." International and Comparative Law Quarterly 45, no. 2 (April 1996): 476–84. http://dx.doi.org/10.1017/s002058930005911x.

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The government's decision, announced on 22 October 1993, to ratify the 1977 Additional Protocols to the Geneva Conventions of 1949 as soon as amendments to the Geneva Conventions Act 1957 could be made led to a race to pass the bill through all its stages in both Houses before 4 December 1995.1 This was the date of the International Conference of the Red Cross and Red Crescent held in Geneva and it was argued in the House of Lords that the British Red Cross should be able to attend the conference and to say that the necessary domestic legislation had been passed to enable ratification to take place. The bill had started its life in the House of Lords and had received its second reading only on 25 May 1995. It was, in fact, given the royal assent on 19 July 1995.

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Forsythe, David. "1949 and 1999: Making the Geneva Conventions relevant after the Cold War." Revue Internationale de la Croix-Rouge/International Review of the Red Cross 81, no. 834 (June 1999): 265. http://dx.doi.org/10.1017/s156077550009739x.

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Hampson, Francçoise J. "Belligerent Reprisals and the 1977 Protocols to the Geneva Conventions of 1949." International and Comparative Law Quarterly 37, no. 4 (October 1988): 818–43. http://dx.doi.org/10.1093/iclqaj/37.4.818.

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Lopičić-Jančić, Jelena. "The protecting power in an armed conflict." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 129–36. http://dx.doi.org/10.5937/gakv0404129l.

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The notion of Protecting Power is a very important legal institution in the settlement of many issues between the parties to the conflict in contemporary international law. It is regulated by the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 and thus accepted by a large number of states. The Geneva Convention of 1949 provides for the supervision and control of implementation of international humanitarian conventions as well as international treaty and customary law of the war and this fact is of special importance for resolving the problems related to the prisoners of war. Another important novelty introduced by this Convention is that in addition to the International Committee of Red Cross it includes other impartial humanitarian organizations in the category of Protecting Powers. Undoubtedly, this Convention brings humanization of the status of war prisoners. In addition, the institution of the Protecting Power as well as the Convention as a whole, contribute to better criminal law protection of the prisoners of war.

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Thelin, Krister. "Legal advisers to the armed forces — The Swedish experience." International Review of the Red Cross 34, no. 300 (June 1994): 255–65. http://dx.doi.org/10.1017/s0020860400078128.

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In ratifying the 1977 Protocols additional to the Geneva Conventions of 1949, Sweden pledged to inform and instruct the authorities responsible for the country's policy of “total defence” and their personnel, as well as the civilian population, on the rules of international law.

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Sudika Mangku, Dewa Gede. "Roles and Actions That Should Be Taken by The Parties In The War In Concerning Wound and Sick Or Dead During War or After War Under The Geneva Convention 1949." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 2, 2021): 170. http://dx.doi.org/10.23887/jkh.v7i1.31467.

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Modern international humanitarian law consists of two historical streams: The Law of The Hague which in the past was referred to as the law of war proper, and Geneva Law or Humanitarian Law. The two schools are named after the venue for the international conferences drafting treaties on war and conflict, especially the Hague Conventions 1899 and 1907 and the Geneva Conventions, which were drafted for the first time in 1863. Both Hague Law and Geneva Law are branches from jus in bello, namely international law regarding acceptable practices in the conduct of war and armed conflict). The result of the writing of this article is that basically the scope of the First Geneva Convention in the context of scale provides protection in international and non-international conflicts, but the basis for non-international protection is not specifically explained in this convention, because in this First Geneva Convention. Non-international conflicts are only included in the General Provisions Chapter, and will be further clarified in Protocol II. This non-international scope is described in accordance with the First Geneva Convention Chapter I - General Provisions Article 3 regarding armed conflicts that are not international (non-international) taking place within the territory of one of the High Contracting Parties so that each Party to the conflict is obliged to implement the provisions applicable. The roles and actions that must be taken by the disputing parties during the war or not for the wounded and sick or dead cannot be separated from Human Rights, which must care for fellow human beings and please help regardless of ethnicity, religion, race, gender, age and skin. But in the Geneva convention only provides actions that should be done, there are no sanctions imposed if we ignore or do not comply with this Geneva convention. The method used in this research is normative juridical.

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Robson, Verity. "The Common Approach to Article 1: The Scope of Each State’s Obligation to Ensure Respect for the Geneva Conventions." Journal of Conflict and Security Law 25, no. 1 (2020): 101–15. http://dx.doi.org/10.1093/jcsl/kraa004.

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Abstract Common Article 1 of the Geneva Conventions of 1949 is foundational, but not exceptional: the duty to respect and ensure respect for the Conventions must be considered within the framework of public international law as a whole. The Article obliges each High Contracting Party and its organs to respect the Geneva Conventions, and to ensure respect for these Conventions by the population over which it exercises authority and any other persons or groups whose conduct is attributable to it. This scope is demonstrated by the ordinary meaning of the term, subsequent agreements, subsequent practice and other relevant rules of international law, and confirmed by reference to the travaux preparatoires. In particular, erga omnes status does not affect it. As a matter of good faith performance of the Conventions, each High Contracting Party also has a duty not to encourage violations by others. Common Article 1 does not require, as some authors have argued, the prevention or termination of breaches of the Geneva Conventions by other parties to conflict, but High Contracting Parties may choose to take steps toward doing so, as a matter of policy.

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Tindemans, L. "Declarations of interpretation." International Review of the Red Cross 26, no. 252 (June 1986): 172–75. http://dx.doi.org/10.1017/s0020860400022853.

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On depositing the instrument of ratification by Belgium of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8 June 1977, the Belgian Government makes the following declarations of interpretation:The Belgian Government, in view of the travaux préparatories for the international instrument herewith ratified, wishes to emphasize that the Protocol was established to broaden the protection conferred by humanitarian law solely when conventional weapons are used in armed conflicts, without prejudice to the provisions of international law relating to the use of other types of weapons.

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Sommaruga, Cornelio. "Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977." International Review of the Red Cross 37, no. 320 (October 1997): 471–72. http://dx.doi.org/10.1017/s0020860400076762.

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Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).

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Gasser, Hans-Peter. "Persuading States to accept humanitarian treaties." International Review of the Red Cross 37, no. 320 (October 1997): 529–37. http://dx.doi.org/10.1017/s0020860400076853.

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At the close of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law (Geneva, 1974–1977), the representatives of the States party to the 1949 Geneva Conventions adopted, on 8 June 1977, two Protocols additional to those Conventions. Following a preparatory period including intense negotiations that lasted for nearly ten years, the new treaties were accepted, despite considerable obstacles, by the plenipotentiaries without a vote and without opposition. Though the solutions adopted for particularly controversial problems could not always suit everyone concerned, the diplomats, legal advisers and military experts who had taken part nevertheless had every reason to return to their capitals with a feeling of satisfaction.

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van Dijk, Boyd. "“The Great Humanitarian”: The Soviet Union, the International Committee of the Red Cross, and the Geneva Conventions of 1949." Law and History Review 37, no. 1 (February 2019): 209–35. http://dx.doi.org/10.1017/s0738248019000014.

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The Geneva Conventions of 1949 are often seen as the product of Western European design and liberal humanitarianism. Based on a collection of Western and Soviet archival materials, this article reveals the Soviet delegation's mixed but critical legacy in developing the Conventions. The Soviets, acting in surprisingly close cooperation with the International Committee of the Red Cross (ICRC), were essential for supporting a range of groundbreaking plans to end ‘inhumane’ measures in war, from unrestrained colonial warfare to inhumane treatment. They made however some of these protections vulnerable due to their opposition to accepting stronger enforcement mechanisms, such as allowing the ICRC and Protecting Powers to visit their Gulag archipelago. By doing so, the Soviets helped to create the foundations for both the successes and failures of the Geneva Conventions.

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Manubulu, Isakh Benyamin, and Ni Luh Gede Astariyani. "KRITIK KELEMAHAN KONFIGURASI PANDANGAN EKONSENTRIS PADA PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS 1949." Kertha Semaya : Journal Ilmu Hukum 10, no. 8 (July 2, 2022): 1884. http://dx.doi.org/10.24843/ks.2022.v10.i08.p14.

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ENMOD Convention dan Protokol Tambahan Janewa 1949 menjadi landasan perlindungan lingkungan hidup dalam kondisi berkonflik namun, kesenjangan antara kedua kerangka pengaturan hukum tersebut menjadikan ketidakefektifan dalam pengaplikasiannya. Hal ini yang melatarbelakangi diformulasikan Rumusan Masalah (1) Apakah terdapat permasalahan pada formulasi Protokol I pada konsep ekosentris perlindungan Hukum Lingkungan Internasional?(2) Bagaimana kritik terhadap pergeseran konsep ekosentris perlindungan hukum lingkungan Internasional pada konflik bersenjata melalui Protokol I? Metode dalam penyusunan tulisan ini ialah Metode Penelitian Hukum Normatif dengan pendekatan deskriptif, serta analisis dan konseptual. Pada akhirnya, tulisan ini bermuara pada kesimpulan bahwa (1) terdapat permasalahan pada perumusan Protokol I khususnya sebab terdapat perbedaan pemikiran konsep perlindungan hidup ke arah antroposentris; serta (2) Pemunduran konsep ekosentris pada Protokol I disebabkan karena tidak adanya komitmen yang kuat dalam melindungi lingkungan hidup ketika terjadi konflik bersenjata. The ENMOD Convention and the Additional Protocol of January 1949 provided the basis for environmental protection in conflicting conditions, however, the gap between the two legal regulatory frameworks made it ineffective in its application. This is the background of the formulation of the Problem Formulation (1) Are there problems in the formulation of Protocol I on the ecocentric concept of international environmental law protection? (2) How is the criticism of the shift in the ecocentric concept of protecting extranational environment regulations in armed conflict through Protocol I? The method in the preparation of this paper is the Normative Legal Research Method with a descriptive approach, as well as analysis and conceptual. In the end, this paper leads to the conclusion that (1) there are problems in the formulation of Protocol I especially because there are differences in the concept of life protection towards anthropocentricity; and (2) Withdrawal of the ecocentric concept in Protocol I is caused by the absence of a strong commitment to protect the environment when armed conflict occurs

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van Dijk, Boyd. "Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions." American Journal of International Law 112, no. 4 (October 2018): 553–82. http://dx.doi.org/10.1017/ajil.2018.84.

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AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

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Meyer, Michael A. "The relevance of the 50th anniversary of the Geneva Conventions to National Red Cross and Red Crescent Societies: reviewing the past to address the future." International Review of the Red Cross 81, no. 835 (September 1999): 649–59. http://dx.doi.org/10.1017/s1560775500059848.

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Le 50e anniversaire des Conventions de Genève de 1949 invite à jeter un regard sur les rapports entre ces Conventions et les Sociétés nationales de la Croix-Rouge et du Croissant-Rouge. Différentes dispositions des Conventions attribuent en effet des droits ou des devoirs aux Sociétés nationales. Mais elles n'ont pas toujours le monopole des activités humanitaires dans les situations de conflit armé. Par ailleurs, les statuts du Mouvement international attribuent aux Sociétés nationales des tâches en rapport avec la mise en œuvre du droit international humanitaire, comme l'assistance aux victimes de conflits armés et la diffusion du droit humanitaire. Parallèlement, ils établissent un lien privilégié entre celles-ci et les États parties aux Conventions. Après avoir examiné la situation actuelle et ses enjeux, l'auteur enjoint les Sociétés nationales d'assumer avec vigueur les divers rôles qui leur sont dévolus par les Conventions de 1949 et les statuts du Mouvement.

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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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Green, L. C. "The Defence of Superior Orders in the Modern Law of Armed Conflict." Alberta Law Review 31, no. 2 (July 1, 1993): 320. http://dx.doi.org/10.29173/alr1212.

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The Geneva Conventions of 1949 and their Additional Protocols refer to grave breaches of the laws of armed conflict and to punishment and prevention of such breaches. Every military system demands obedience by inferiors to the orders of superiors. A principle of customary law requires an inferior to disobey orders that are so manifestly illegal that he must or ought to have know that they were unlawful. Despite the silence of the Geneva Conventions and Protocol I on defences that might be raised by anyone charged with such breaches, the customary law regarding war crimes applies not only to offences against the laws and customs of war but to breaches of the Geneva Conventions and the Protocol. This situation has not changed substantially as a result of the Draft Code of Crimes Against the Peace and Security of Mankind as it reiterates the provisions established in customary law. If adopted, it would provide a treaty provision recognizing the limited validity of the defence of superior orders not for all war crimes but for those which are "exceptionally serious" and for other crimes against peace and security. War crimes in the traditional sense and "grave breaches" described in the Geneva Conventions and Protocol I are dealt with by customary law.

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Demeyere, Bruno, Jean-Marie Henckaerts, Heleen Hiemstra, and Ellen Nohle. "The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea." International Review of the Red Cross 98, no. 902 (August 2016): 401–17. http://dx.doi.org/10.1017/s1816383117000376.

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AbstractSince their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the Convention, the type of vessels it protects (in particular hospital ships and coastal rescue craft), and its relationship with other sources of international humanitarian law and international law conferring protection to persons in distress at sea. It also outlines differences and commonalities between the First and the Second Conventions, including how these have been reflected in the updated Commentary on the Second Convention. Finally, the article highlights certain substantive obligations under the Convention and how the updated Commentary addresses some of the interpretive questions they raise.

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Henckaerts, Jean-Marie. "Customary International Humanitarian Law: Taking Stock of the ICRC Study." Nordic Journal of International Law 78, no. 4 (2009): 435–68. http://dx.doi.org/10.1163/090273509x12506922106795.

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AbstractAlthough the 1949 Geneva Conventions have now been universally ratified, the same is not the case for other treaties of international humanitarian law. As a result, customary international humanitarian law continues to be relevant today. This was clearly recognized in 1995 when States party to the Geneva Conventions mandated the ICRC to carry out a study on customary rules of international humanitarian law applicable in international and non-international armed conflicts. This study was published in 2005 after widespread research and consultations. This article takes stock of the impact of the study and discusses some of the salient features of the methodology of assessing custom. It also briefly describes the current effort to update the practice underlying the Study.

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Budisantosa, Kushartoyo. "STUDI KOMPARATIF KONFLIK BERSENJATA NON-INTERNASIONAL DALAM HUKUM HUMANITER INTERNASIONAL ( Comparative Study on Non-International Armed Conflict in International Humanitarian Law )." terAs Law Review : Jurnal Hukum Humaniter dan HAM 2, no. 2 (March 8, 2021): 1–32. http://dx.doi.org/10.25105/teras-lrev.v2i1.9051.

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AbstrakKonvensi-konvensi Jenewa 1949 dan Protokol Tambahan II 1977 tidak memberikan definisi mengenai konflik bersenjata non-internasional (KBNI). Protokol Tambahan II hanya menentukan ambang batas atas dan bawah yang termasuk ke dalam jenis konflik ini, termasuk persyaratan yang diperlukan agar Protokol berlaku. Penentuan jenis konflik berguna untuk menentukan apakah Hukum Humaniter Internasional (HHI) berlaku. Sehubungan dengan itu, jurisprudensi pada Tribunal Internasional untuk bekas Negara Yugoslavia (ICTY) dan Rwanda (ICTR), Pengadilan Khusus untuk Siera-Leone (SCSL), dan Mahkamah Kriminal Internasional (ICC) menggunakan pendekatan berbeda. Tulisan ini membandingkan pengaturan KBNI menurut sumber hukum tertulis dengan pelaksanaannya dalam putusan Peradilan Internasional. Walaupun perkembangan menunjukkan terdapat berbagai konflik bersenjata lainnya, namun hasil perbandingan menunjukkan bahwa tetap hanya terdapat dua jenis KBNI: pertama, KBNI yang dicakup dalam Common Article 3 dari Konvensi Jenewa 1949; dan kedua, KBNI yang dicakup dalam Pasal 1 Protokol Tambahan II 1977. Putusan Pengadilan Internasional bersifat melengkapi dan memperjelas KBNI. Kata kunci : Konflik Bersenjata Non-Internasional, ICTY, ICTR, SCSL, ICCAbstractThe Geneva Conventions of 1949 and Additional Protocol II of 1977 do not provide a definition of non-international armed conflict (NIAC). Additional Protokol II specifies only the upper and lower thresholds that fall into this type of conflict, including requirements necessary to take effect. Determining the type of armed conflict is useful for determining whether International Humanitarian Law (IHL) applies. In this connection, the jurisprudence at the International Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR), the Special Court for Syria (SCSL) and the International Criminal Court (ICC) took a different approach. This paper compares NIAC between conventional legal sources and international judicial judgments. Although state practices indicate various other armed conflicts, the result shows that there are only two types of NIAC: first, NIAC which is covered in common article 3 of the Geneva Convention 1949; and second, NIAC which is coverend in Article 1 of Additional Protocol II 1977. Judgments of international tribunals complements and clarifies NIAC in Geneva Convention and its Additional Protocol II.Keywords: Non-International Armed Conflict (NIAC), ICTY, ICTR, SCSL, ICC

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Vandekerckhove, Carl. "Belgian Red Cross (Flemish section): Dissemination of International Humanitarian Law The Belgian situation." International Review of the Red Cross 27, no. 258 (June 1987): 277–81. http://dx.doi.org/10.1017/s0020860400025572.

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Since 20 November 1986 Belgium has been committed to comply not only with the obligations contained in the 1949 Geneva Conventions, but also with those included in the two Additional Protocols of 1977. Everybody in our country must therefore make necessary preparations for pautting into effect the obligations falling within their responsabilities.

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Lavoyer, Jean-Philippe. "National legislation on the use and protection of the emblem of the red cross or red crescent." International Review of the Red Cross 36, no. 313 (August 1996): 482–85. http://dx.doi.org/10.1017/s0020860400084904.

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The emblem of the red cross or red crescent occupies a very important place in international humanitarian law. In time of war, the emblem is the visible sign of the protection conferred by the Geneva Conventions of 1949 and their Additional Protocols of 1977 on medical personnel and medical units and transports.

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Zeas, Ricardo Camacho. "Dissemination of international humanitarian law in Ecuador." International Review of the Red Cross 32, no. 287 (April 1992): 179–82. http://dx.doi.org/10.1017/s0020860400070364.

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International humanitarian law is the body of rules (the four 1949 Geneva Conventions and their two Additional Protocols of 1977) governing the rights and obligations of the belligerents in war.In signing and later ratifying the Conventions and their Protocols, the States party thereto undertake not only to respect and ensure respect for humanitarian law in all circumstances, but also to disseminate the relevant texts as widely as possible in time of peace as in time of war, among both the armed forces and police and the civilian population. This is stipulated in Articles 47, 48, 127 and 144 of the four Geneva Conventions respectively, which also require States to include the study of humanitarian law in programmes of military instruction. Moreover, States are duty-bound to incorporate the provisions of humanitarian law in their internal legislation.

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Bellinger, John B., and Vijay M. Padmanabhan. "Detention Operations in Contemporary Conflicts: Four Challenges for The Geneva Conventions and Other Existing Law." American Journal of International Law 105, no. 2 (April 2011): 201–43. http://dx.doi.org/10.5305/amerjintelaw.105.2.0201.

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In September 2010, President Jakob Kellenberger of the International Committee for the Red Cross (ICRC) summarized the conclusions of a two-year, internal ICRC study of changes that have occurred in the nature of armed conflict since the signing of the Geneva Conventions in 1949, and he also suggested how international humanitarian law (IHL) should respond to those changes. In a previous address marking the sixtieth anniversary of the Geneva Conventions, Kellenberger had observed that in the place of traditional conflicts between state-sponsored armies on a battlefield, modern conflicts frequently involve nonstate actors, such as terrorist groups—a development that has blurred the line between civilians and combatants, and created challenges for IHL. The ICRC study concluded that IHL generally provides a suitable legal framework for regulating armed conflict.

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Egge, Bjørn. "Norwegian Red Cross: Norway and the 1977 Additional Protocols to the 1949 Geneva Conventions." International Review of the Red Cross 27, no. 258 (June 1987): 310–12. http://dx.doi.org/10.1017/s0020860400025638.

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Norway took an active part in the discussions which led to the 1977 Additional Protocols. The Diplomatic Conference on the Reaffirmation and the Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974–1977) as well as the meetings of experts which preceded it were attended by numerous representatives from Norway.

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Journal articles on the topic 'Geneva Conventions (1949)'

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