The 1949 Geneva Conventions: A Commentary
di Andrew Clapham (a cura di),
Paola Gaeta (a cura di),
Marco Sassòli (a cura di)
The four Geneva Conventions, adopted in 1949, remain
the fundamental basis of contemporary international humanitarian law. They
protect the wounded and sick on the battlefield, those wounded, sick or
shipwrecked at sea, prisoners of war, and civilians in time of war. However,
since they were adopted warfare has changed considerably. In this
groundbreaking commentary over sixty international law experts investigate the
application of the Geneva Conventions and explain
how they should be interpreted today. It places the
Conventions in the light of the developing obligations imposed by international
law on states, armed groups, and individuals, most notably through
international human rights law and international criminal law.
The context in which the Conventions are to be applied
and interpreted has changed considerably since they were first written. The
borderline between international and non-international armed conflicts is not
as clear-cut as was once thought, and is complicated further by the use of
armed force mandated by the United Nations and the complex mixed and
transnational nature of certain non-international armed conflicts. The
influence of other developing branches of international law, such as human
rights law and refugee law has been considerable. The
development of international criminal law has breathed new life into multiple
provisions of the Geneva Conventions. This commentary adopts a thematic
approach to provide detailed analysis of each key issue dealt with by the
Conventions, taking
into account both judicial decisions and state
practice. Cross-cutting chapters on issues such as transnational conflicts and
the geographical scope of the Conventions also give readers a full
understanding of the meaning of the Geneva Conventions in their contemporary
context. Prepared under the auspices of the Geneva Academy of International
Humanitarian Law and Human Rights, this commentary on four of the most
important treaties in international law is unmissable for anyone working in or studying
situations of armed conflicts.
