The 1949 Geneva Conventions

The 1949 Geneva Conventions
A Commentary

Edited by Andrew Clapham, Paola Gaeta, Marco Sassòli

• The first commentary in over fifty years on the four 1949 Geneva Conventions, the cornerstones of international humanitarian law
• Provides an unmatched analysis of each key issue dealt with by the Geneva Conventions by over sixty international law experts
• Uniquely interprets and explains the Conventions' provisions as they have practically operated, with reference to judicial decisions, state practice, and the Conventions' interaction with human rights law and international criminal law
• Includes thought-provoking cross-cutting chapters addressing issues such as the transnational nature of conflicts and the geographical scope of the Conventions

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.

Readership: Scholars and students in the fields of war studies, international humanitarian law, international criminal law, and international human rights law; practitioners, policy-makers, and judges; staff of NGOs, foreign offices, ministries of defence, and armed groups dealing with international humanitarian law issues; people working for international organizations or diplomatic community.