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This work offers a comparative analysis of state practice with regard to the Geneva Conventions. It seeks to answer three questions of critical importance to understanding their role and impact: (1) How have the Geneva Conventions been incorporated into the laws and practices governing armed forces in particular countries? (2) In what ways has the Geneva regime constrained the behavior of states facing situations such as guerrilla warfare and terrorism, where one would expect the Conventions to come under the greatest pressure? (3) What factors have contributed to the successes and failures of the Geneva Conventions to protect human rights in wartime?
War (International law) --- Military law. --- Geneva Conventions --- Armed Forces --- Law, Military --- Military administration --- National security --- Hostilities --- International law --- Neutrality --- Law and legislation --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii
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The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. They continue to shape contemporary debates about regulating warfare. But their history is often misunderstood. For many observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story. It shows how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law as revealed by the experience of war. This book, based upon meticulous archival research and critical legal methodologies, argues that a better way to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the silhouette of humanized war as to establish the legality of waging war itself. Although they did not seek war as such, drafters prepared for it by means of weaving a new legal safety net in the event that their worst fear should materialize-a specter still haunting us today.
Geneva Conventions --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii --- Law of armed conflicts. Humanitarian law --- Treaties --- decolonization laws of war --- Agreements, International --- Conventions (Treaties) --- International agreements --- International law --- International obligations --- Law and legislation --- War (International law) --- Hostilities --- Neutrality --- Conférence diplomatique de Genève --- Geneva Conventions (1949 August 12) --- Geneva Conventions (1949)
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Humanitarian law. --- Droit international humanitaire --- Geneva Conventions --- Droit humanitaire --- Réfugiés --- Réfugiés politiques --- Prisonniers de guerre --- Victimes de guerre --- Droits de l'homme --- Combattants et non-combattants (droit international) --- Statut juridique --- Geneva Conventions (1949 August 12) --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii --- Geneva Conventions (1949 August 12). --- War (International law)Geneva Conventions --- Droit humanitaire. --- Droits de l'homme. --- Statut juridique. --- Humanitarian law
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First published in English in 1987 and 1991, this third, expanded edition provides basic information about the origin, character, content and current problems of the body of law known traditionally as the law of war and, more recently, as “international humanitarian law applicable in armed conflict” or “humanitarian law.” According to Professor Kalshoven, an expanded edition of this volume was necessitated by two factors: the numerous and far-reaching developments in the field of international humanitarian law in the late 20th century, and the expansion of the scope of international humanitarian law incorporating human rights law and international criminal law.
Humanitarian law. --- International relations. --- War (International law) --- War victims --- Legal status, laws, etc. --- Geneva Conventions --- War (International law). --- Humanitarian law --- International relations --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- Humanitarian conventions --- International humanitarian law --- War relief --- Hostilities --- Legal status, laws, etc --- Law and legislation --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii --- National security --- Sovereignty --- World politics --- International law --- Neutrality --- Droit humanitaire --- Conventions de la croix rouge --- Droit de la guerre
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It is a major cultural achievement that violence in armed conflicts is restrained by international legal rules. As the nature of these conflicts changes, these rules have to be adapted accordingly in order to provide effective protection for the victims. The adoption of the two Protocols Additional to the Geneva Conventions in 1977 was a major step in this development. The authors, who were involved in the negotiation of these two treaties, give a first hand account of the meaning of the text and the intent of the negotiators. The book is, thus, an important tool to better understand and implement these treaties which have proved their salutary importance in the all too many conflicts during the last decades. The current volume is a revised reprint, with new introductory materials, of the original text published in 1982.
War victims --- Humanitarian conventions --- War relief --- Legal status, laws, etc. --- Law and legislation --- Geneva Conventions --- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts --- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Noninternational Armed Conflicts --- Protocol II --- Protocol II Additional to the Geneva Conventions of 12 August 1949 --- Protocol No. II --- Second Protocol Additional to the Geneva Conventions (1977 June 10) --- First Protocol Additional to the Geneva Conventions --- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts --- Protocol I --- Protocol No. I --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii --- Second Protocol Additional to the Geneva Conventions (1977 June 8)
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Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.
Humanitarian law. --- Civil war. --- Civil wars --- Intra-state war --- Rebellions --- Government, Resistance to --- International law --- Revolutions --- War --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Geneva Conventions --- Rome Statute of the International Criminal Court --- Estatuto de Roma de la Corte Penal Internacional --- Estatuto de Roma do Tribunal Penal Internacional --- Rimski statut Međunarodnoga kaznenog suda --- Roma Statuta of the International Criminal Court --- Rome Statute for the International Criminal Court --- Statut de Rome de la Cour pénale internationale --- Statuta Mahkamah Pidana Internasional --- Statuta Roma Mahkamah Pidana Internasional --- Statute of the International Criminal Court --- Undang-Undang Roma Tentang Pengadilan Pidana Internasional --- UU Roma Tentang Pengadilan Pidana Internasional --- Statuta Roma tahun 1998 Tentang Mahkamah Pidana Internasional --- Statuta Roma 1998 --- Conventions de Genève --- Geneva Convention --- Konvensi-Konvensi Jenewa --- Zhenevskite konvent︠s︡ii --- Civil war --- Humanitarian law --- 821 Internationaal recht --- Law --- General and Others
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