68 ICRC Commentary on GC II, above note 6, Art. To comply with the new e-Privacy directive, we need to ask for your consent to set the cookies. 27-48, on p. 38. 49. As a result, the rule has been challenged in a number of military manuals. Volume 98 Issue 902: War and security at sea. 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. ), Commentary on the Geneva Conventions of 2 August 949, Vols -6, ICRC, Geneva, 952-60. 3, para. 25 Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, 75 UNTS 31 (entered into force 21 October 1950) (GC I), Art. 510. (1952). With the project of updating all . ICRC Commentary on GC II, above note 6, Introduction, para. hasContentIssue true, A contemporary interpretation of humanitarian law, Historical background of the Second Geneva Convention, Applicability of the Second Geneva Convention and relationship to other sources of international law, Commonalities and differences between the First and Second Geneva Conventions, Substantive obligations under the Second Geneva Convention. Feature Flags: { the Protection of Civilian Persons in Time of War, pp.35. The IV Geneva Convention Commentary The IV Geneva Convention sets the groundwork for Israel's obligations to Palestinians in Gaza and the West Bank. The High Contracting Parties undertake to respect and to . 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. 2194. 3 The full version is available online at: ihl-databases.icrc.org/ihl/full/GCII-commentary (all internet references were accessed in July 2017). 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. zQ2[:Z=>-T)d 3eFR%Ss.pc"71x#cx4[(%[y.pPLR{debZ1ev {HZWJ*JOO.$mRoT1+ixU-)*P0]wl=Yn BopUA?`g&E7K |o~TYlBpl~|iqfD^,]P/xG,v9EAQL.oy#da d{5u7c 'D8PLQYTTB Q9'@aITJ They may in no circumstances be attacked or captured, but shall at all times be respected and protected.Footnote 72. 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). In this post - part of the 16 days of activism against gender-based violence, as well as the 'GCIII Commentary' blog series marking the ICRC's updated . 61 ICRC Commentary on GC II, above note 6, Art. 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. <>/Font<>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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 Treaties, States parties, and Commentaries - Geneva Convention (IV) on Civilians, 1949 - 55 - - Commentary of 1958 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 Geneva, 12 August 1949. These vessels regain their entitlement to sovereign immunity once they have sunk.Footnote 87, As a measure to comply with both Articles 12 and 18, a party to the conflict may appeal to the charity of neutral vessels to help with the rescue effort, as set out in Article 21. 0203 Jean Pictet The four volumes of the Commentary were published between 1952 and 1959. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." After the first treaty was adopted in 1864, it was significantly revised and replaced in . Thus, in principle, communications to and from hospital ships may never be encrypted, and must be sent in the open. This experience and knowledge was acquired both in real-life battlefield situations and through the publication of military manuals and scholarly articles. This imposing work is intended for specialists and specialized institutions. 91. They used the rules of treaty interpretation set out in the Vienna Convention of the Law of Treaties, in particular Articles 3133, to reflect as accurately as possible the current application and interpretation of GC II. Commentary on the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. 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 . 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 On this point, the Commentary has reached the conclusion that sunken warships and other ships that sink with their crews constitute war graves, which must be respected. 2: Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, ICRC, Geneva, 1960; Jean Pictet (ed. A similar rule appears in Art. JavaScript seems to be disabled in your browser. Jean S. Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 (ICRC 1960) vol III: Pictet Commentary GC IV: Jean S. Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 (ICRC 1952) vol IV: PMSC: Private military and security company: POW: Prisoner of war: Protocol I: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of . Compared with the eleven articles dedicated to hospital ships, only one deals with coastal rescue craft, namely Article 27. 42 Pejic, Jelena, Procedural Principles and Safeguards for Internment/Administrative Detention in Armed Conflict and other Situations of Violence, International Review of the Red Cross, Vol. This imposing work is intended for specialists and specialized institutions. By so doing, the updated Commentary provides an important guidance tool for a wide audience, including navies and their commanders and military lawyers, international and national courts, governments and academics. 2, para. 858, 2005, p. 385CrossRefGoogle Scholar. 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. "Geneva Convention Relative to the Protection of Civilian Persons in Time of War: Commentary". The updated Commentary on GC II was the second in a series of updated Commentaries to be published by the ICRC in the years to come. "isUnsiloEnabled": true, "Geneva Convention Relative to the Protection of Civilian Persons in Time of War: Commentary". It is of particular relevance to the topic of armed conflict at sea to assess the impact of the 1982 UN Convention on the Law of the Sea (UNCLOS)Footnote 4 as well as a series of treaties adopted under the auspices of the International Maritime Organization (IMO), conferring protection to persons in distress at sea. The eventual inclusion of victims of warfare at sea in humanitarian treaty law was achieved only several decades later through a separate treaty on warfare at sea.Footnote 8 The distinction thus established in the protection of victims of armed conflict between warfare on land and warfare at sea was maintained in 1949 by the adoption of two different Conventions to apply on land and at sea respectively. 4 0 obj 8 Hague Convention (III) for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864, 29 July 1899 (entered into force 4 September 1900). A hard copy of the updated Commentary on the Second Geneva Convention will be published by Cambridge University Press by January 2018. 84. 34 United Nations, International Law Commission, Report of the International Law Commission on the Work of Its Sixty-Third Session, Yearbook of the International Law Commission, Vol. 28 Doswald-Beck, Louise (ed. 12101214CrossRefGoogle Scholar; Henckaerts, Jean-Marie, Bringing the Commentaries on the Geneva Conventions and their Additional Protocols into the Twenty-First Century, International Review of the Red Cross, Vol. 10 Boissier, Pierre, History of the International Committee of the Red Cross: From Solferino to Tsushima, ICRC and Henry Dunant Institute, Geneva, 1985, pp. III. Digitized image of the original. "useRatesEcommerce": false, Additionally, the authors looked at other relevant rules of international law. 115. 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. 1637; Art. 8 J. Pictet, Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1958), at 5. 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. Commentary, Jean Pictet writes: To dissipate any misconception in regard to the scope of Article 53, it must be pointed out that the property referred to is not accorded general protection; the Convention merely provides here for its protection in occupied territory. Naval battles have been fought for several thousand years. 3 to the Geneva Conventions. Electronic reproduction. 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. For the best experience on our site, be sure to turn on Javascript in your browser. Add your e-mail address to receive free newsletters from SCIRP. 88. When wounded, sick or shipwrecked members of the armed forces are cared for by enemy medical personnel or on hospital ships of the enemy force, they fall into enemy hands and thus become prisoners of war, protected under GC III.Footnote 20 Until their recovery, and as long as they remain at sea, they continue to be protected under both GC II and GC III. 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. 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. 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. Since then the . 18, para. Render date: 2022-11-08T13:02:26.744Z 1945; Art. 3, Geneva Convention relative to the Treatment of Prisoners of War. For more details, see Proceedings of the Hague Peace Conferences: The Conference of 1907, Vol. 33, para. 32 International Convention for the Safety of Life at Sea, 1874 UNTS 3, 1 November 1974 (entered into force 25 May 1980). Coming just ten years after the Third Convention entered force, the Commentary provided readers with a detailed article-by-article analysis. 44 Common Art. A vessel that has launched a weapon from a considerable distance against an enemy warship or aircraft might not be able to implement without delay any of the obligations contemplated on the basis of Article 18, since it is not physically present in the vicinity of the casualties. See Opinion, paras.90-101. However, it is elaborated that UNCLOS foresees the innocent passage of foreign ships in the territorial sea of another State, which may include warships. 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. Since 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. In comparison with armed conflicts on land, the past decades have not seen many armed conflicts take place at sea (or in other waters). Article 1 common to the four Geneva Conventions reads as follows: "The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances". These persons include wounded and sick members of armed forces, the shipwrecked, prisoners of war, and civilians. 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. To comply with the new e-Privacy directive, we need to ask for your consent to set the cookies. 2766. These differences relate to the persons and objects protected under the respective Conventions. At present, only a small number of States have military hospital ships, which are not only expensive to operate and maintain but also difficult to protect against attack.Footnote 61 The updated commentaries on Articles 33, as well as Articles 18 and 22, point out that one option available to parties seeking to comply with their obligations to respect and protect the shipwrecked, wounded and sick is to transform a merchant vessel into a hospital ship.Footnote 62 It is important to note that once a merchant vessel has been transformed into a hospital ship by a party to the conflict, it may not be put to any other use throughout the duration of hostilities.Footnote 63, GC II regulates a variety of aspects pertaining to hospital ships. See also ICRC Commentary on GC II, above note 6, Art. 15 ICRC Commentary on GC II, above note 6, Introduction, para. Has data issue: true 1 0 obj Volume I 30-12-1952 PublicationRef. 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