On 2011 the ICRC embarked on a major project intended at updating its original Commentaries, drafted under the general editorship of Jean Pictet in the 1950s (for the Conventions), and of Yves Sandoz and other ICRC lawyers in the 1980s (for the Protocols). 8 J. Pictet, Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1958), at 5. 115. To stand trial, therefore, persons would normally have to be transferred to land.Footnote 45 Still, the circumstances of being at sea may be relevant when assessing the more specific rights stemming from the right to a fair trial. 9 Article 11 of the draft submitted by the Comit International de Secours aux Militaires Blesss to the 1864 Conference, available in the ICRC Archives under ACICR, A AF 21-3b. Volume IV: 22, para. 90 See GC II, Arts 19 and 20, the latter of which equally deals with burial at sea. Two issues in particular have become topical since 1949. See Opinion, paras.90-101. 2, Part 2, A/66/10, 2011. Treaties, States parties, and Commentaries - Geneva Convention (IV) on Civilians, 1949 Treaties, States Parties and Commentaries Treaties and Documents Geneva Conventions of 1949 and Additional Protocols, and their Commentaries By date By topic By State Historical Treaties and Documents By date By topic By State The compromise embodied in GC II is to give small craft special protection, but more limited than that afforded to hospital ships. 8. To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. 2206. 84. 3, para. Although persons cannot be simultaneously protected under GC I and GC II, they can benefit from the parallel application of GC II and the Third Convention (GC III). For example, regarding the identification of medical . xix LIST OF ABBREVIATIONS Academy Commentary Andrew Clapham et al. <>/Font<>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> See for example Jean Pictet, The 1949 Geneva Conventions, Commentary, Geneva, ICRC, 1952-1959, Vol. 35 See ICRC Commentary on GC II, above note 6, Introduction, paras 5159. Commentary on the Geneva Conventions of 12 August 1949: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War, p. 204 (Jean S. Pictet, ed . These traditional marking methods, presupposing close physical proximity to allow for visual confirmation of the marking, might not suffice to ensure the proper identification of protected vessels in view of contemporary techniques of naval warfare, such as long-fire and submarine capabilities. 1949, Vol. Commentary on the Third Geneva Convention - September 2021. Read more about what we do and who we are. Ibid., Art. 91. They contain important institutional and historical knowledge and, in this respect, retain their value. III. 2152, and the commentary on Article 36, Section C.2.d. The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. eds., 1987). 73 See ICRC Commentary on GC II, above note 6, Art. 97, No. Finally, there is no mention in GC II of the status of the crew of coastal rescue craft.Footnote 74. Most of the language provisions in the 1949 Geneva Conventions are of a practical nature, allowing for the basic rights set forth therein 1Jean Pictet , Humanitarian Law and the Protection of War Victims (Leyden A. W. Sijthoff Geneva, Henry Dunant Institute, 1975; transl. Major findings of the research revealed that there are plethora of issues to be underlined save as absence of binding treaty governing the challenging scenarios. Written mainly by Oscar Uhler and Henri Coursier, with the participation of F. Siordet, C. Pilloud, J.-P. Schoenholzer, R.-J. This is crucial so that families can be appraised of the fate of their loved ones. While the basic protection provided for in both Conventions is the same, the scope of persons covered by that protection in GC II is adapted to warfare at sea. Updating the commentaries on the Geneva Conventions of 1949 and their Additional Protocols is a task that resembles more a marathon than a sprint. 1863. This role is recognized in the Statutes of . Furthermore, the Conventions foresee the protection of specific categories of persons, such as women and children, the elderly and displaced persons. Arman, Jemma Auf welche Punkte Sie bei der Wahl von Bohrer 50mm achten sollten! 21 See ICRC Commentary on GC II, above note 6, Art. 18, para. In the years following the adoption of the 1949 Geneva Conventions and their 1977 Additional Protocols, the International Committee of the Red Cross (ICRC) published a series of Commentaries that were primarily based on the negotiating histories of these treaties and on prior practice.Footnote 1 While these Commentaries undoubtedly retain their historic value, the ICRC decided in 2011 to embark, together with a number of renowned external experts, on an ambitious project to update the Commentaries, seeking to reflect the significant developments in the application and interpretation of the Conventions and their Additional Protocols in the intervening years. Geneva, 12 August 1949. 2 The Editorial Committee for the updated Commentary on the Second Geneva Convention consists of Liesbeth Lijnzaad and Marco Sassli as non-ICRC members, and Philip Spoerri and Knut Drmann as ICRC members. 33 International Convention on Maritime Search and Rescue, 1403 UNTS, 27 April 1979 (entered into force 22 June 1985). ABV/COM_EDUC FROM 1864 TO TODAY 1864 First Geneva Convention 1868 Declaration of St. Petersbourg 1899 The Hague Conventions 1906 Review of the First Geneva Convention 1907 The Hague Conventions 1925 Geneva Protocol on chemical weapons 1929 "First" and "Third" Geneva Conventions 1949 First, 2nd, 3rd and 4th Geneva Conventions +. 33, para. Recognizing an important means by which its obligations may be implemented, GC II affords protection to hospital shipsFootnote 51 and coastal rescue craft,Footnote 52 as well as to ships chartered for the transport of medical equipmentFootnote 53 and to medical aircraft.Footnote 54, The operation of hospital ships constitutes one way in which parties to the conflict can carry out their obligation to protect and care for the wounded, sick and shipwrecked at sea. ABSTRACT: Cyber warfare is a new phenomenon and scenario under International Humanitarian law. for the ICRC, Commentary - I Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1952); ibid., Commentary - II Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1960); ibid., Commentary - III Geneva Convention Relative to the Treatment of . 215225; Galloy, J., L'inviolabilit des navires-hpitaux et l'exprience de la guerre 19141918, Sirey, Paris, 1931, pp. ), The Geneva Conventions of 12 August 1949, Commentary, Volume I, First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field . 48. Engin Deniz Arslan, Suveyda Aksakalli Yesilaras, Cemil Kavalci, Seyran Bozkurt, Fevzi Yilmaz, Tamer Durdu, M. Evvah Karakilic, Gulsum Kavalci, Stphan Jacquet, Isabelle Domaizon, Ccile Chardon, Sbastien Personnic, Mohannad Eledreesi, Khalid Alsubaie, Yaser Kelany, Yousif Alalawi, Attiya Alzahrani, Imed Harrabi, Fawaz Al Harbi, Saad Al Ghamdi. 27, para. With respect to the marking of hospital ships and coastal rescue craft, it is not constitutive of their protection but merely signals their protected status to the parties to the conflict. The Commentary constitutes an easily accessible tool which allows a better understanding of the legal obligations to protect wounded, sick and shipwrecked members of the armed forces at sea. (1952). It further describes some of the commonalities and differences between GC I and GC II and their updated Commentaries, as well as highlighting some of the main issues dealt with in the updated Commentary on GC II, including the obligation of parties to an armed conflict to take all possible measures to search for and collect the wounded, sick, shipwrecked and dead at sea, as well as the rules in GC II regulating the protection of hospital ships and coastal rescue craft. 64 ICRC Commentary on GC II, above note 6, Art. "Geneva Convention Relative to the Protection of Civilian Persons in Time of War: Commentary". . 3, Geneva Convention relative to the Treatment of Prisoners of War. The position of the Government of Israel contradicts that of the Israel Supreme Court, sitting as the High Court of Justice, in cases involving the Occupied Territory, which has held Geneva Convention IV to be applicable, but not justiciable as it has not been incorporated into Israeli law. This understanding must be ensured in peacetime, including through prevention activities such as the training of armed forces and especially naval forces. 61 ICRC Commentary on GC II, above note 6, Art. 3: Geneva Convention relative to the Treatment of Prisoners of War, ICRC, Geneva, 1960Google Scholar; Pictet, Jean (ed. ICRC Commentary on GC II, above note 6, Introduction, para. Log In / Sign Up Change My Account User Settings Access via Institution MyMUSE Library Search History View History Purchase History MyMUSE Alerts 2 0 obj The ICRC helps those affected by armed conflict and promotes compliance with international humanitarian law. Geneva Conventions of 1949 and Additional Protocols, and their Commentaries By date By topic By State Historical Treaties and Documents By date By topic By State Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. However, the updated commentary on Article 3 concludes that, in principle, detention in a non-international armed conflict should also take place on land.Footnote 41 Indeed, the entire system of detention laid down by the Conventions, and in which the ICRC plays a supervisory role, is based on the idea that detainees must be registered and held in officially recognized places of detention accessible, in particular, to the ICRC.Footnote 42 Furthermore, if detention in the context of a non-international armed conflict were to take place at sea, the conditions of such detention might be such as to violate the requirement of humane treatment, particularly in cases of prolonged detention.Footnote 43, A further example where the different contexts of warfare on land and warfare at sea warranted the updated commentary on common Article 3 to be contextualized for GC II relates to the right to a fair trial. 237Google Scholar. This imposing work is intended for specialists and specialized institutions. The authors wish to acknowledge that this article summarizes the key findings of the new Commentary and as such reflects the input of many experts involved in the drafting and review of the Commentary. The fact that GC II applies at sea entails some practical challenges and raises questions as to how certain provisions are to be applied. Updated Commentaries will continue to be published consecutively on these Conventions, as well as on their Additional Protocols I and II, over the coming years. While the meaning of the term sea is central to determining the applicability of GC II, the latter does not contain a definition of this term. 5 International Court of Justice, Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia (The Namibia Case), 21 June 1971, para. Henckaerts, Jean-Marie 3 Although the term "occupation" is mentioned only in the second paragraph of Article 2 common to the 1949 Geneva Conventions, most belligerent occupations are covered by virtue of the first paragraph of the provision. The four volumes of the Commentary were published between 1952 and 1959. Commentary on the Geneva Conventions of August 12 1949. Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in 24 Actes, supra note 14 , Tom e II, Section B., at 522. Coastal rescue craft that satisfy the conditions for protection may not be attacked, captured or otherwise prevented from performing their humanitarian tasks. 24 Protocol Additional (I) to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 1125 UNTS 3, 8 June 1977 (entered into force 7 December 1978), Art. Pilloud, Roger Boppe, Ren-Jean Wilhelm, and Jean-Pierre Schoenholzer, Geneva Convention IV: Commentary, ICRC, Geneva, 1956 (French) and 1958 (English). Commentary: IV Geneva Convention Relative to. See also Cameron, Lindsey, Demeyere, Bruno, Henckaerts, Jean-Marie, Haye, Eve La and Niebergall-Lackner, Heike, The Updated Commentary on the First Geneva Convention A New Tool for Generating Respect for International Humanitarian Law, International Review of the Red Cross, Vol. Some UNCLOS provisions are exercised subject to this Convention and to other rules of international law; see e.g. 3. The updated Commentary specifies that such passage does not constitute an international armed conflict.Footnote 39, Some contextualization was also necessary in the updated commentary on common Article 3, regulating non-international armed conflict. Are Small Grazers and/or Viruses a Structuring Factor of the Free-Living Bacterial Community in Lake Geneva? While a woman's experience in a prisoners of war (POW) camp may not differ drastically from men in all cases, the Third Geneva Convention (GCIII) operates to ensure equal treatment in a number of ways where experiences do diverge. and 4 See Rule 87 ICRC CIHL Study on humane treatment, which a2rms that humane treatment is a long-standing core IHL concept owed to all protected persons and persons hors de . 259. Commentary of 2016 general editorship of Jean Pictet, remain the most authoritative source for the interpretation of the Conventions.1 In that passage, the author addresses the meaning of the words "[w]omen 1 Jean S. 1 0 obj Yet, when the first Geneva Convention of 1864 was adopted, conferring protection on wounded and sick members of the armed forces, its rules only applied to warfare on land. Pictet, Jean S. Uniform Title Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) Imprint Geneva: ICRC, 1958 Language Note English ISBN 9781607145547 Note At head of title "Geneva Conventions of 12 August 1949." Call Number LIB/INTL/2/60 Record Appears in General Collection Language English Browse Subjects ), Commentary on the Geneva Conventions of 2 August 949, Vols -6, ICRC, Geneva, 952-60. Published Geneva: International Committee of the Red Cross, 1960. This provision was reiterated in Article 1, paragraph 4, of Additional Protocol I. Common Article 3 prohibits the passing of sentences and the carrying out of executions without previous judgments pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.Footnote 44 In practice, it seems highly unlikely that a trial at sea can fulfil the minimum fair trial guarantees. This is hardly a surprise, as it is now more than 60 years since the first set of Pictet Commentaries appeared, giving practical guidance on how the conventions should be implemented. The Geneva Convention of 1864 embodied the principle that members of the armed forces who are hors de combat must be protected and cared for regardless of their nationality. Benefiting from decades of practice and legal interpretation by States (as reflected, for example, in military manuals, national legislation and official statements), courts and scholars, as well as from research done in the ICRC Archives (reflecting practices witnessed first-hand by the ICRC in past armed conflicts), however, they do so in a more detailed manner than the original Commentaries. ), Commentary on the Geneva Conventions of 12 August 1949, Vol. 29 For further details, see ICRC Commentary on GC II, above note 6, Introduction, para. from French, 1973), pp. This does not, however, justify complacency. 1308 EJIL 29 (2018), 1305-1326 military occupation, with particular regard to the war period itself.12 . endobj Similar to the other Geneva Conventions, this is premised on the fundamental principle of respect for the life and dignity of the individual, even, or especially, during armed conflict. Geneva Conventions of 1949 and Additional Protocols, and their Commentaries Geneva Convention (I) on Wounded and Sick in Armed Forces in the Field,1949 and its commentary 12.08.1949 Pictet (ed.) (1952). 1: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, ICRC, Geneva, 1952Google Scholar; Pictet, Jean (ed. Copyright 2006-2022 Scientific Research Publishing Inc. All Rights Reserved. Additionally, an Editorial Committee including senior ICRC and non-ICRC lawyers reviewed the updated Commentary on GC II as a whole.Footnote 2 Finally, a group of over forty peer reviewers representing a large geographic diversity and with significant subject-matter expertise, including naval experts, provided insightful comments and suggestions, greatly contributing to the richness of the analysis found in the final product. 3, Oxford University Press, Oxford, 1920, pp. This means that victims of armed conflict must in all circumstances be respected and protected; they must be treated humanely and cared for without any adverse distinction based on sex, race, nationality, religion, political opinion or any other similar criteria.Footnote 36. In order to benefit from special protection under GC II, hospital ships must have been built or equipped especially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them.Footnote 57 It follows that hospital ships may not serve any other than the said humanitarian purpose, and that they lose their protection if they are used to commit acts harmful to the enemy.Footnote 58 As noted in the updated commentary on Article 22, it is their exclusively humanitarian function of impartially providing assistance to protected persons that justifies their special protection,Footnote 59 but parties to the conflict have the right to control and search hospital ships to verify that their use conforms to the provisions of GC II.Footnote 60 This far-reaching right has been inserted by States into the Geneva Conventions in order to counter the possibility that an enemy's hospital ship may be abused to further military operations. 11 See, e.g., the references in note 5 above. 1577. First, when they receive or intern such persons in their territory, they shall apply the provisions of GC II by analogy.Footnote 91 Secondly, when such persons are taken on board neutral warships or military aircraft, or are landed in a neutral port with the consent of the local authorities, the Convention stipulates that where so required by international law they shall be so guarded that they cannot again take part in operations of war.Footnote 92 In view of the scarce and conflicting State practice and literature on this topic, the interpretation of the precise contours of the term where so required by international law has proven to be one of the most complex issues the updated Commentary has had to deal with.Footnote 93 Undesirable as this may be from the perspective of legal certainty, ultimately, States seem to have retained their freedom of interpretation on this point.Footnote 94. To be able to fulfil this function, hospital ships enjoy special protection at all times, and they may neither be attacked nor captured.Footnote 55 The hospital ship's personnel and crew are likewise accorded special protection, owing to the vital role they play in the ship's performance of its humanitarian functions.Footnote 56. They may in no circumstances be attacked or captured, but shall at all times be respected and protected.Footnote 72. 28 Doswald-Beck, Louise (ed. See also ICRC Commentary on GC II, above note 6, Art. According to Article 43, all surfaces of the ship or craft shall be white, and one or more dark red crosses shall be displayed on each side of the hull and on the horizontal surfaces. Hiemstra, Heleen The new Commentaries not only include the ICRC's current interpretations of the law where they exist, but also indicate where there are divergent views and highlight issues not yet settled. 7 See ICRC Commentary on GC II, above note 6, Introduction, paras 7996. The updated Commentary on GC I was an important milestone partly because it included updated commentaries on these articles common to all four Conventions. In the event of an armed conflict that takes place wholly or in part at sea, the provisions of GC II must already be known and their contemporary meaning understood. Available at Magee. "Geneva Convention Relative to the Protection of Civilian Persons in Time of War: Commentary". Additionally, the authors looked at other relevant rules of international law. 36 Ibid., Art. 2(3). These include the obligation to take all possible measures to search for and collect the wounded, sick, shipwrecked and dead at sea. 91. (Ed.) Thus, coastal rescue craft may only be the object of an attack if they qualify as a military objective in the sense of IHL. This includes the 1982 UNCLOS. This includes considering whether it is possible to take measures such as disclosing the geographic location of the attacked vessel or aircraft with as much precision as possible, not only to its land-based authorities but also to enemy and neutral vessels or impartial humanitarian organizations capable of conducting search and rescue operations.Footnote 83 In this regard, the availability of new technology such as satellites and unmanned aerial platforms can enable a more accurate assessment of the number and location of the shipwrecked, wounded, sick and dead without requiring physical proximity to the attacked vessel or aircraft.Footnote 84, The commentary on Article 18 also describes certain advances in technology and scientific knowledge pertinent to the obligation to search for the dead at sea. Thus, the text of common Article 3 is worded slightly differently in GC II compared to the other three Conventions, and this has been reflected in the updated Commentary.Footnote 47 Whereas in GC I, GC III and GC IV reference is made only to the wounded and sick, GC II consistently refers to the wounded, sick and shipwrecked. I, p. 37, and Yves Sandoz, Christophe Swinarski and Bruno Zimmerman, Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 - References - Scientific Research Publishing Article citations More>> Pictet, J. A proposal by the ICRC to include a paragraph in the 1864 Convention stipulating that similar provisions relating to maritime warfare could be subject of a later Convention never made it into the final text.Footnote 9 Two years later, the Battle of Lissa (1866) in the Adriatic Sea once more reminded States of the need to provide for the protection of wounded, sick, shipwrecked and dead members of the armed forces at sea.Footnote 10 Prompted by the needless deaths caused by the lack of care and protection for the sick, wounded and shipwrecked during that battle, a conference in 1868 adopted fifteen Additional Articles relating to the Conditions of the Wounded in War. 3 ICRC, Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, ICRC and Martinus Nijhoff, Geneva, 1987 : Additional Protocol I (and Annex I . This imposing work is intended for specialists and specialized institutions. 74 See Ibid., Art. 40(3). This imposing work is intended for specialists and specialized institutions. Cyber Warfare: A New Hullaballoo under International Humanitarian Law. However, it is elaborated that UNCLOS foresees the innocent passage of foreign ships in the territorial sea of another State, which may include warships. Book. TITLE: @U$C t#D*V8[l5D'ZwP=D6j"zaIdeORI62 =RT6f}OA\")aCyDjt.fr^NRCS ? 1Jean Pictet (ed. 15, paras 15481554; Art. Feature Flags: { endobj 18, para. * J9F:>R The use of the word may in Article 21 implies that making such an appeal is optional. The obligation to take all possible measures is an obligation of conduct to be carried out with due diligence.Footnote 79 All possible measures must be taken after each engagement and without delay. 7090. The ICRC has engaged in the writing of the original Commentaries, and the updating of those Commentaries, pursuant to its role as guardian and promoter of international humanitarian law (IHL). In The Geneva Conventions of 12 August 1949. 13 ICRC Commentary on GC II, above note 6, Introduction, para. 21, para. Even if a State is not legally required to apply the protections of the Geneva Conventions based on the Type of Conflict/Type of Person analysis, the State 1 See COMMENTARY ON THE ADDITIONAL PROTOCOLS OF JUNE 1977 TO THE GENEVA CONVENTIONS OF 12 AUGUST (Yves Sandoz et al.
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