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Contents
The 1949 Geneva Conventions - A Commentary edited by Clapham, Andrew; Gaeta, Paola; Sassòli, Marco (15th October 2015)
- Preliminary Material
- Preface
- Acknowledgements
- Contents
- Table of Cases
- International
- African Commission of Human and Peoples’ Rights (ACommHPR)
- African Court of Human and Peoples’ Rights
- Court of Justice of the European Union (ECJ/CJEU)
- Eritrea–Ethiopia Claims Commission (EECC)
- European Commission of Human Rights (ECommHR)
- European Court of Human Rights (ECtHR)
- Extraordinary Chambers in the Courts of Cambodia (ECCC)
- Franco-Chilean Arbitral Tribunal
- Inter-American Commission of Human Rights (IACommHR)
- Inter-American Court of Human Rights (IACtHR)
- International Arbitration Awards
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the former Yugoslavia (ICTY)
- International Military Tribunal for the Far East
- International Military Tribunal, Nuremberg
- International Tribunal for the Law of the Sea
- Permanent Court of International Justice (PCIJ)
- Special Court for Sierra Leone (SCSL)
- Special Panels for Serious Crimes in East Timor
- United Nations Committee against Torture (CtteeAT)
- United Nations Human Rights Committee (HRCttee)
- United Nations Working Group on Arbitrary Detention
- National
- International
- Table of Legislation
- International Instruments
- National Instruments
- Australia
- Belarus
- Bosnia and Herzegovina
- Bulgaria
- Burundi
- Cambodia
- Cameroon
- Canada
- Cape Verde
- Cyprus
- Democratic Republic of the Congo
- Denmark
- Ethiopia
- France
- Gambia
- Georgia
- Germany
- Ghana
- Grenada
- Iceland
- India
- Indonesia
- Iraq
- Islamic Emirate of Afghanistan
- Israel
- Italy
- Jamaica
- Jordan
- Kosovo
- Malaysia
- Mauritius
- Namibia
- Netherlands
- Norway
- Palau
- Papua New Guinea
- Philippines
- Republic of Albania
- Republic of Korea
- Republic of Moldova
- Republic of Uzbekistan
- Russian Federation
- Saint Kitts and Nevis
- Saint Vincent and the Grenadines
- Slovakia
- South Africa
- Sri Lanka
- Switzerland
- Tanzania
- Trinidad and Tobago
- Turkish Republic of Northern Cyprus
- Uganda
- United Kingdom
- United States of America
- Yemen
- Zambia
- List of Abbreviations
- List of Contributors
- Main Text
- Part I Cross-Cutting Issues and Common Provisions
- A Cross-Cutting Issues
- Ch.1 The Concept of International Armed Conflict
- Preliminary Material
- A Introduction—War and Armed Conflict
- B The Applicability of the Geneva Conventions
- I The relevance of war and occupation
- II The disappearance of the ‘general participation clause’ ( si omnes clause)
- III Application between a state party and a state which is not a party to the Geneva Conventions
- IV International organizations and international armed conflict
- V The threshold of violence for an inter-state armed conflict
- VI Converting an internal armed conflict into an international armed conflict and the separate issues of state responsibility and armed attack
- VII National liberation movements and self-determination struggles
- VIII Unrecognized governments and recognized belligerents
- IX Cyber warfare
- C The Boundary between International and Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.2 The Applicability of the Conventions to ‘Transnational’ and ‘Mixed’ Conflicts
- Ch.3 The Temporal Scope of Application of the Conventions
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Legal Consequences of a Violation
- D Critical Assessment
- Ch.4 The Geographical Scope of Application of the Conventions
- Ch.5 Rights, Powers, and Obligations of Neutral Powers under the Conventions
- Preliminary Material
- A Introduction
- B Notion of Neutrality
- C The Rights and Duties of Neutral States (Powers)
- D Different Possible Roles for a Neutral State under the Geneva Conventions
- 27
- I Obligations towards persons involved in an armed conflict who find themselves in the territory of a neutral state
- 28
- 29
- a Wounded, sick, and shipwrecked combatants
- b Permanent medical and religious personnel
- c Auxiliary medical personnel
- d Able-bodied combatants
- e Persons on board of vessels of belligerent parties in neutral waters or ports
- f Passengers of medical aircraft of a belligerent landing in a neutral state
- g Civilians of a party to the conflict on the territory of a neutral state
- h Missing and dead persons
- II Possibility to conclude agreements for the reception of prisoners of war in neutral territory
- III Possibility to conclude agreements to receive children in neutral territory
- IV Possibility to play the role of Protecting Power
- E Application in Non-International Armed Conflicts
- F ‘War on Terror’
- G Concluding Remarks
- Ch.1 The Concept of International Armed Conflict
- B Common Provisions
- 1 General
- Ch.6 The Obligation to Respect and to Ensure Respect for the Conventions
- Preliminary Material
- A Introduction
- B Preparatory Works
- C Scope of Application
- D Content of the Obligation to Respect
- E Content of the Obligation to Ensure Respect
- I The internal compliance dimension of the obligation to ensure respect
- II The external compliance dimension of the obligation to ensure respect
- 15
- a Does the obligation to ensure respect have an external compliance dimension?
- b Scope and content of the obligation to ensure respect in its external compliance dimension
- 20
- i Which kind of breaches trigger the obligation to ensure respect?
- ii Whose breaches trigger the obligation to ensure respect?
- iii When is the obligation to ensure respect ‘triggered’?
- iv The due diligence nature of the obligation to ensure respect: measures authorized and required by the obligation to ensure respect in its external compliance dimension
- c The obligation not to encourage or aid or assist the commission of violations by others
- III ‘In all circumstances’
- F Critical Assessment
- Ch.7 Special Agreements in International Armed Conflicts
- Ch.8 Non-Renunciation of the Rights Provided by the Conventions
- Ch.9 Final Provisions, Including the Martens Clause
- Preliminary Material
- A Introduction
- B Languages
- C Conclusion and Entry into Force of the Geneva Conventions
- D Reservations
- E The Relationship with Previous Conventions: The Question of Treaties over Time on the Same Subject Matter
- F Denunciation
- G Martens Clause, International Humanitarian Law’s Innovative Solution
- Ch.6 The Obligation to Respect and to Ensure Respect for the Conventions
- 2 Special Rules
- Ch.10 The Principle of Non-Discrimination
- Preliminary Material
- A Introduction
- B Meaning and Application of the Principle of Non-Discrimination
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment: Areas of Future Development
- Ch.11 Hospitals
- Ch.12 Humanitarian Assistance
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.13 Search for Missing Persons
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.14 The Dead
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.15 Taking of Hostages
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Victims of hostage-taking
- II The core elements of hostage-taking
- III Unlawful deprivation of liberty: an element of hostage-taking?
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.16 Torture, Cruel, Inhuman, or Degrading Treatment or Punishment
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Four types of ill-treatment under international human rights law, international humanitarian law, and international criminal law
- II Torture
- III Inhuman or cruel treatment
- IV Degrading or humiliating treatment
- V Inhuman or degrading punishment in international humanitarian law and international criminal law
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.17 Rape and Other Sexual Violence
- Ch.18 Protected Areas
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Protected Areas Established by the UN Security Council
- E Protected Area Recent Practice
- F Legal Consequences of a Violation
- G Critical Assessment
- Ch.10 The Principle of Non-Discrimination
- 3 Common Article 3
- Ch.19 The Concept of Non-International Armed Conflict
- Ch.20 The Addressees of Common Article 3
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Applicability in International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.21 The Beneficiaries of the Rights Stemming from Common Article 3
- Ch.22 Murder in Common Article 3
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Legal Consequences of a Violation: Murder, Arbitrary Deprivation of Life, and Human Rights Law
- D Critical Assessment
- Ch.23 Judicial Guarantees under Common Article 3
- Preliminary Material
- A Introduction
- B Meaning and Application of Common Article 3 paragraph 1(1)(d)
- I Nature of the court required to pronounce judgment
- II Guarantees recognized as ‘indispensable’
- a Evaluation of which guarantees fall into this category
- b Principle of legality
- c Individual criminal responsibility
- d Presumption of innocence
- e Information on the particulars of the offence
- f Necessary rights and means of defence
- 27
- i Right of the accused to defend themselves personally or to be defended by a lawyer of their own choice
- ii Right to services of a lawyer free of charge if the interests of justice so require
- iii Right of lawyer to unimpeded access to and private communication with the accused
- iv Presence of a lawyer during all interrogations
- v Enough time and facilities before the trial to prepare the defence
- vi Assistance of an interpreter if the accused cannot speak or understand the language used in court
- vii Equality of arms
- viii Examination of witnesses
- g Public trial
- h Right of an accused to be present at the trial
- i Right not to be compelled to testify against oneself or to confess guilt
- j Information on possible appeal
- k Limits on the death penalty
- l Prohibition of trial more than once for the same offence
- III Other important judicial guarantees
- IV Pre-trial judicial guarantees for detainees
- C Rights and Duties of Rebels
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.24 The Right of Initiative of the ICRC and Other Impartial Humanitarian Bodies
- Ch.25 Applicability of the Conventions by Means of Ad Hoc Agreements
- 1 General
- C Ensuring Compliance with the Conventions
- Ch.26 The Role of the International Committee of the Red Cross
- Preliminary Material
- A Introduction
- B What is the ICRC?
- C Functions under the Geneva Conventions
- D The ICRC’s Role in the Implementation of International Humanitarian Law
- E The ICRC and International Criminal Courts
- F Critical Assessment
- Ch.27 Protecting Powers
- Preliminary Material
- A Introduction: Historical Evolution of the Institution of Protecting Powers
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.28 Good Offices, Conciliation, and Enquiry
- Ch.29 Prohibition of Reprisals
- Ch.30 Dissemination of the Conventions, Including in Time of Armed Conflict
- Ch.31 Grave Breaches of the Geneva Conventions
- Preliminary Material
- A Introduction
- B Meaning and Application
- 10
- 11
- 12
- 13
- I The obligation to provide for effective penal sanctions
- II The obligation to search for persons who have allegedly committed, or have ordered to be committed, a grave breach
- III The obligation to bring to court persons allegedly responsible for a grave breach
- IV The obligation to hand over to another state persons suspected of a grave breach
- V The question of jurisdictional link, including universal jurisdiction
- VI Judicial guarantees and the question of the status of prisoners of war
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.32 Domestic Implementation
- Ch.26 The Role of the International Committee of the Red Cross
- D The Geneva Conventions in Context
- Ch.33 The Universality of the Geneva Conventions
- Ch.34 Relationship with Prior and Subsequent Treaties and Conventions
- Ch.35 The Complex Relationship Between the Geneva Conventions and International Human Rights Law
- Preliminary Material
- A Introduction
- B Treaties that Explicitly Regulate their Relationship to the Geneva Conventions
- C Explicit and Implied References to Situations of Armed Conflict in Human Rights Treaties which Do Not Provide for Specific Rules to Regulate the Relationship between the Two Regimes
- 23
- I Human rights treaties referring to their applicability in situations of armed conflict
- a The Convention on the Rights of the Child (1989) and its Protocol (2000)
- b The Convention on the Rights of Persons with Disabilities (2006)
- c The European Convention on Human Rights (1950)
- d The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (2009) and other African treaties
- II Implied references to the 1949 Geneva Conventions in human rights treaties
- III Treaties referring to other international instruments
- D The General Articulation of the Relationship between Human Rights Rules and the Rules Contained in the Geneva Conventions
- E Critical Assessment
- Ch.36 The Interplay Between the Geneva Conventions and International Criminal Law
- A Cross-Cutting Issues
- Part II Specific Issues and Regimes
- A Geneva Conventions I and II
- Ch.37 Who Is Wounded and Sick?
- Ch.38 Who is Shipwrecked?
- Ch.39 The Obligations to Respect, Protect, Collect, and Care for the Wounded, Sick, and Shipwrecked
- Preliminary Material
- A Introduction
- B Meaning and Application
- I The scope of the protective regime
- II The obligation to respect and protect
- III The obligation to search for, collect, and evacuate
- IV The obligation to care for
- V The distinction between combatants and civilians in international armed conflict
- VI Involvement of local inhabitants and relief societies: assistance in collecting and caring for the wounded, sick, and shipwrecked
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.40 The Status, Rights, and Obligations of Medical and Religious Personnel
- Preliminary Material
- A Introduction
- B Meaning and Application
- I The scope and nature of protection
- a The scope of medical personnel protected
- b The nature of protection
- c Similar protection for related personnel
- d Spontaneous medical care by the civilian population
- e Civilian hospital personnel
- f Protection for religious personnel
- g Identification of medical and religious personnel
- h Protection of military medical and religious personnel at sea
- i Loss of protection for religious and medical personnel
- j Duties of medical personnel in international armed conflict
- II Treatment upon capture of medical and religious personnel and repatriation
- I The scope and nature of protection
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.41 Buildings, Material, and Transports
- Ch.42 Loss of Protection
- Ch.43 The Use of the Emblem
- Preliminary Material
- A Introduction
- B Complex Set of Provisions
- C Different Uses
- D Multiple Users
- 27
- I Use of the emblem as a protective device
- II Use of the emblem as an indicative device
- III The special case of the ICRC and the International Federation
- IV Use by medical services of armed groups engaged in NIAC
- V Use by multinational forces
- VI Use by private military and security companies
- VII Use by non-Red Cross/Red Crescent organizations
- E Temporal Scope of Application
- F The Conditions for Use
- G The Prevention and Repression of Misuse
- H Unity and Plurality
- I Current Challenges
- J Critical Assessment
- B Geneva Convention III
- Ch.44 Who Is a Prisoner of War?
- Preliminary Material
- A Introduction
- B Meaning and Application
- 6
- I Article 4(A)
- 7
- a ‘fallen into the power of the enemy’
- b ‘members of the armed forces’
- c ‘militias or volunteer corps forming part of’
- d ‘militias […] volunteer corps […] organized resistance movements’
- e ‘belonging to a Party to the conflict’
- f ‘commanded by a person responsible’
- g ‘fixed distinctive sign’
- h ‘carrying arms openly’
- i ‘conducting operations in accordance with the laws and customs of war’
- j General application of the Article 4(A)(2) criteria
- k ‘government not recognized’
- l ‘persons who accompany the armed forces’
- m ‘members of crews […] of the merchant marine and […] civil aircraft’
- n ‘inhabitants of non-occupied territory, who […] spontaneously take up arms’
- II Article 4(B)
- C Critical Assessment
- Ch.45 Status and Treatment of Those Who Do Not Fulfil the Conditions for Status as Prisoners of War
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Consequences of not respecting conditions in Article 4(A) GC III
- II Relationship between Article 44 AP I and the Geneva Conventions
- III The ‘unlawful combatant’ debate: various positions on status, treatment, and consequences
- IV Residual protection under GC IV
- V Minimum treatment standards: Common Article 3 and Article 75 AP I
- VI International human rights law protection when conditions of prisoner of war status are not fulfilled
- VII (Irregular) Renditions for persons who are not protected civilians
- VIII Recent examples: Israel and the United States
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.46 Determination of Prisoner of War Status
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Reasons for presumption of prisoner of war status
- II Who benefits from the presumption in the Third Geneva Convention?
- III When is there a doubt and whose doubt is relevant?
- IV To what does the doubt refer?
- V ‘Competent tribunal’ standards to determine status
- VI Procedural guarantees before an Article 5 tribunal, including the influence of international human rights law
- VII Options for a person the Detaining Power wants to consider as having POW status but who does not want POW status
- C Relevance in Non-International Armed Conflicts
- D Critical Assessment
- Ch.47 Evacuation and Transfer of Prisoners of War
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.48 Treatment of Prisoners of War
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Temporal applicability of the Convention’s safeguards
- II Responsibility of the Detaining Power
- III Fundamental rules for the treatment of prisoners of war
- IV Beginning of captivity
- V Conditions of captivity
- VI Relations with the detaining authorities
- VII Labour and financial resources
- VIII Relations with the exterior
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.49 Relations with the Outside World
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.50 Penal or Disciplinary Proceedings Brought against a Prisoner of War
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Prisoners of war are subject to the laws, regulations, and orders in force for the armed forces of the Detaining Power
- II Preference for disciplinary over judicial measures wherever possible
- III Prisoners of war normally to be tried by military courts
- IV Proceedings for acts committed prior to capture
- V Rules on penalties
- VI Fair trial and procedural rights for prisoners of war
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.51 Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Repatriation and accommodation in neutral countries during hostilities
- II Repatriation at the end of active hostilities
- a Determination of the end of active hostilities
- b International armed conflicts turning into non-international armed conflicts
- c Unilateral and unconditional character of the obligation
- d The non-refoulement principle and relevance of the refusal of the prisoner of war to be repatriated
- e Obligations of the Power on which the prisoner of war depends?
- f Destination of the prisoners of war
- g Practical arrangements and modalities
- III Cases where repatriation at the end of active hostilities is not required
- IV Status and treatment of prisoners of war who are not repatriated
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.44 Who Is a Prisoner of War?
- C Geneva Convention IV
- 1 General
- Ch.52 The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Resulting Gaps and Possible Solutions
- 38
- I Resulting gaps—civilians in neither own nor occupied territory with protection needs resembling those of protected civilians
- II Possible solutions—their merits and their inadequacies
- a Applying Section I of Part III to the invasion phase
- b Using an expanded understanding of ‘in the territory of a Party to the conflict’
- 49
- 50
- 51
- 52
- i Legal basis for internment or detention with a view to criminal proceedings
- ii Judicial guarantees, humane treatment, review of detention, and release
- iii Transfer
- iv Merits and inadequacies of using an expanded understanding of ‘in the territory of a Party to the conflict’ in Section II of Part III
- c Using an expanded understanding of ‘occupied territory’
- d Common Article 3 and Article 75 AP I
- D Relevance in Non-International Armed Conflicts
- E Critical Assessment
- Ch.53 Maintenance and Re-establishment of Family Links and Transmission of Information
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Notion of ‘family’
- II Privacy of information and data protection
- III Communication of family news and facilitation of family enquiries
- IV Maintenance and re-establishment of family links; transmission of information
- V Tracing services and transmission of information
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.54 The Derogation Clause
- Ch.52 The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
- 2 Civilians in the Hands of the Enemy: General Protection
- Ch.55 Who is a Protected Civilian?
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Protection of civilians in the Hague Regulations
- II The regime of protected persons within the Fourth Geneva Convention
- III Neutrality, co-belligerence, and diplomatic representation, and their use with respect to protected persons
- IV The broader protection of the civilian population in Part II GC IV
- V The distinctions between prisoners of war, unlawful combatants, and protected civilians
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.56 The Prohibition of Collective Punishment
- Ch.57 The Right to Leave
- Preliminary Material
- A Introduction
- B Meaning and Application
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.58 The Transfer and Deportation of Civilians
- Preliminary Material
- A Introduction
- B Meaning and Application
- I The prohibition of transfer and deportation in occupied territory
- a Rationale and key characteristics of Article 49 GC IV
- b The notion of forcible transfer and deportation under Article 49
- c The forcible character of transfer and deportation
- d Evacuation
- e The prohibition of transfer and deportation under international human rights law
- f The prohibition of transfer and deportation under customary international law
- II The prohibition of transfer in international armed conflict
- a Rationale and key characteristics of Article 45 GC IV
- b Transfer, expulsion, and extradition
- c The prohibition of transfer to a state not respecting the Geneva Convention
- d Prohibition of transfer to a state of persecution
- e The prohibition of transfer under international refugee law
- f The prohibition of transfer under international human rights law
- I The prohibition of transfer and deportation in occupied territory
- C Forced Displacement in Non-International Armed Conflict
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.59 Judicial Guarantees
- Preliminary Material
- A Introduction
- B Meaning and Application
- I The relationship between international humanitarian law and international human rights law
- II Elements of judicial guarantees
- 9
- a Requirement of an ‘impartial’ and ‘regularly constituted court’
- b The right to be informed without delay of the particulars of the offence and to have all necessary rights and means of defence
- c The requirement of individual criminal responsibility
- d The principle of nullum crimen, nulla poena sine lege
- e The presumption of innocence
- f The right of the accused ‘to be tried in his presence’
- g The right against self-incrimination
- h The principle of ‘equality of arms’
- i The principle of ne bis in idem
- j The right to a public trial
- k Notification of Protecting Power
- l The right to appeal
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Annex Judicial Guarantees under the Geneva Conventions
- Ch.60 Other Issues Relating to the Treatment of Civilians in Enemy Hands
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Section I: Provisions common to the territories of the parties to the conflict and to occupied territories
- a Treatment of protected persons in general: Article 27
- b Danger zones: Article 28
- c Responsibilities: Article 29
- d Application to Protecting Powers and relief organizations: Articles 30, 142, and 143
- e Prohibition of coercion: Article 31
- f Prohibition of physical suffering: Article 32
- II Section II: Aliens in the territory of a party to the conflict
- III Section III: Inviolability of rights in occupied territories
- I Section I: Provisions common to the territories of the parties to the conflict and to occupied territories
- C Relevance in Non-International Armed Conflicts
- D Legal Consequences of a Violation
- E Critical Assessment
- Ch.55 Who is a Protected Civilian?
- 3 Specific Protection
- Ch.61 Special Rules on Women
- Ch.62 Special Rules on Children
- Ch.63 Special Rules on Refugees
- 4 Internment
- Ch.64 Admissibility of and Procedures for Internment
- Preliminary Material
- A Introduction
- B Meaning and Application
- I Meaning of assigned residence, internment, and voluntary internment
- II Grounds for internment/assigned residence
- III Procedural requirements
- Ch.64 Admissibility of and Procedures for Internment
- 1 General
- A Geneva Conventions I and II
- Part I Cross-Cutting Issues and Common Provisions