New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949Michael Bothe, Karl Josef Partsch, Waldemar A. Solf Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants. |
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acts adverse Party amendment annex armed conflict armed forces Article attack CDDH/I/SR CDDH/III/SR CE/Com civil defence civilian objects civilian population combatants Commentary 2.1 Committee draft Committee III Conference Government Experts Conference Red Cross Cross Experts 1972 Debates Declarations delegations Deleted Diplomatic Conference draft 1973 Art draft Art Drafting history 1.3.2 Experts 1971 Documentation Experts 1972 Report Final adoption CDDH/SR Fourth Convention Fourth session Report Government Experts 1972 grave breaches Hague Convention Hague Regulations High Contracting Parties hostilities humanitarian law Ibid ICRC draft 1973 ICRC text international law law Geneva Conventions medical aircraft medical transports medical units ment mentioned military objectives military operations non-international obligation occupied territory Origins Pre-existing law para Paragraph paras Pre-conference work 1.2.1 Pre-existing law Geneva principle prisoner prisoner of war privileged combatants prohibition proposed Protecting Power Protocol Protocol II Red Cross Experts Report of Committee reprisals Second session Report stateless persons status subpara
Popular passages
Page 52 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949...
Page 53 - Article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June 1977.
Page 60 - ... International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Page 316 - The presence of a protected person may not be used to render certain points or areas immune from military operations.
Page 31 - State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations...
Page 552 - Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Page 531 - Each High Contracting Party shall be under the obligation to search for persons alleged to have committed or to have ordered to be committed such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.