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. The updated Commentary on GC I was an important milestone partly because it included updated commentaries on these articles common to all four Conventions. 888, 2012CrossRefGoogle Scholar. Published Geneva: International Committee of the Red Cross, 1960. The 1949 Geneva Conventions and their 1977 Additional Protocols have passed the test of time in many situations of armed conflict over their respective almost seventy and forty years of applicability. Cyber Warfare: A New Hullaballoo under International Humanitarian Law. This includes the 1982 UNCLOS. The four volumes of the Commentary were published between 1952 and 1959. Volume IV: The Original Commentary. ABSTRACT: Cyber warfare is a new phenomenon and scenario under International Humanitarian law. General Provisions. Render date: 2022-11-08T13:02:26.744Z Currently, research is ongoing with respect to the protection of prisoners of war (GC III) and the protection of civilians in time of war (GC IV). Bringing the Pictet Commentary's legacy into the 21 st century. With the project of updating all . No clear answer to this question currently exists. Hostname: page-component-6f888f4d6d-259qh The fact that GC II applies at sea entails some practical challenges and raises questions as to how certain provisions are to be applied. Has data issue: true details on the rules of war are related here. 0203 Jean Pictet The four volumes of the Commentary were published between 1952 and 1959. % 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 Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. eds., 1987). 12 ICRC Commentary on GC II, above note 6, Introduction, para. 8 J. Pictet, Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1958), at 5. These articles addressed issues such as the protection of boats that collect the shipwrecked and wounded, hospital ships and the status of medical personnel. MyMUSE Account. Out of the four Geneva Conventions, the Second is the one that probably used to be the least well-known, and that is generally considered to be the most technical. Thus, this Commentary attempts to demystify the Convention's alleged difficulty by filling a critical gap in legal scholarship. 7090. 34, para. 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". Yohannes Eneyew Ayalew, KEYWORDS: 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 The compromise embodied in GC II is to give small craft special protection, but more limited than that afforded to hospital ships. 2152, and the commentary on Article 36, Section C.2.d. It provides several definitions relevant to the wounded, sick and shipwrecked at sea.Footnote 24 The Protocol also extends the protection of GC II to all civilians who are wounded, sick or shipwrecked,Footnote 25 and to other medical ships and craft than those mentioned in GC II.Footnote 26 Additional Protocol II, applicable to non-international armed conflicts, complements the provisions of Article 3 of GC II. 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. JavaScript seems to be disabled in your browser. See also ICRC Commentary on GC II, above note 6, Art. ), San Remo Manual on International Law Applicable to Armed Conflicts at Sea, Cambridge University Press, Cambridge, 1995CrossRefGoogle Scholar. general editorship of Jean Pictet, remain the most authoritative source for the interpretation of the Conventions.1 In that passage, the author addresses the meaning of the words "[w]omen 1 Jean S. 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 Convention (IV) relative to the Protection of Civilian Persons in Time of War. Added Author Pictet, Jean. 215225; Galloy, J., L'inviolabilit des navires-hpitaux et l'exprience de la guerre 19141918, Sirey, Paris, 1931, pp. Book. "useSa": true PDF | | Find, read and cite all the research you need on ResearchGate 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. 3047Google Scholar; Lueder, Christophe, La Convention de Genve au point de vue historique, critique et dogmatique, E. Besold, Erlangen, 1876, pp. 15, Thus, the text of common Article 3 is worded slightly differently in GC II compared to the other three Conventions, and this has been reflected in the updated Commentary.Footnote 47 Whereas in GC I, GC III and GC IV reference is made only to the wounded and sick, GC II consistently refers to the wounded, sick and shipwrecked. <> (Ed.) 2020. 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. <>>> The updated ICRC Commentary on the Second Geneva Convention: treaties conferring protection to persons in distress at sea, obligation to search and collect casualties at sea, https://doi.org/10.1017/S1816383117000376. Commentary of 1958 Article 1. 45 ICRC Commentary on GC II, above note 6, Art. 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. 3 The full version is available online at: ihl-databases.icrc.org/ihl/full/GCII-commentary (all internet references were accessed in July 2017). 27, para. By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. 17, paras 16051611. @U$C t#D*V8[l5D'ZwP=D6j"zaIdeORI62 =RT6f}OA\")aCyDjt.fr^NRCS ? ?Cr)?)[Bxdxr(J)'$do"f$87|Pn)h-pILIFhMBD@X|!$&Q[{X*m yg*b)c@ For the best experience on our site, be sure to turn on Javascript in your browser. 19 Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, 75 UNTS 85 (entered into force 21 October 1950) (GC II), Art. 22 Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War of 12 August 1949, 75 UNTS 287 (entered into force 21 October 1950), Art. 305322Google Scholar. 35 See ICRC Commentary on GC II, above note 6, Introduction, paras 5159. Moreover, scientific research in marine taphonomy has led to enhanced understanding of the factors that affect human remains in water. 3, Oxford University Press, Oxford, 1920, pp. Digitized image of the original. 44 Common Art. Wounded and sick prisoners of war who are put ashore are protected simultaneously by GC I and GC III. The Geneva Convention of 1864 embodied the principle that members of the armed forces who are hors de combat must be protected and cared for regardless of their nationality. A proposal by the ICRC to include a paragraph in the 1864 Convention stipulating that similar provisions relating to maritime warfare could be subject of a later Convention never made it into the final text.Footnote 9 Two years later, the Battle of Lissa (1866) in the Adriatic Sea once more reminded States of the need to provide for the protection of wounded, sick, shipwrecked and dead members of the armed forces at sea.Footnote 10 Prompted by the needless deaths caused by the lack of care and protection for the sick, wounded and shipwrecked during that battle, a conference in 1868 adopted fifteen Additional Articles relating to the Conditions of the Wounded in War. ), Commentary on the Geneva Conventions of 12 August 1949, Vol. 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). The store will not work correctly in the case when cookies are disabled. 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). Written mainly by Oscar Uhler and Henri Coursier, with the participation of F. Siordet, C. Pilloud, J.-P. Schoenholzer, R.-J. As these Commentaries noted, the 'convenient criteria' were drawn from 'the various amendments discussed' during the 1949 Diplomatic Conference . The parties are furthermore required to record information that can assist in the identification of the wounded, sick, shipwrecked and dead, and to forward this information to the power on which they depend. Additionally, the authors looked at other relevant rules of international law. 3 Pictet Commentary GC IV, at 200-1. On 2011 the ICRC embarked on a major project intended at updating its original Commentaries, drafted under the general editorship of Jean Pictet in the 1950s (for the Conventions), and of Yves Sandoz and other ICRC lawyers in the 1980s (for the Protocols). 3 0 obj 18, para. This development leads the updated Commentary to conclude that there is, therefore, a certain trend in international practice whereby the use of satellite communications does not constitute a violation of paragraph 2, even if messages and data are transmitted using encryption.Footnote 64, The second topical issue pertains to whether hospital ships may be armed, in particular whether they may be armed to the level of being able to defend themselves against incoming attacks (as opposed to relying on other vessels, in particular warships, to defend them). Uhler, Oscar M. Added Corporate Author International Committee of the Red Cross. 12, para. 73 See ICRC Commentary on GC II, above note 6, Art. 59 ICRC Commentary on GC II, above note 6, Art. Jean Pictet, 'Commentary on the Geneva Conventions of 12 August 1949' . For an overview of the preparation of and debates during and after the 1868 Diplomatic Conference, see P. Boissier, above note 10, pp. In the latter case, these institutions must be officially recognized for the craft to be protected. Mouton, M. W. (Martinus Willem) Preux, Jean de. It has been argued, however, that it may be time to consider updating parts of the Manual.Footnote 29, In parallel to these IHL sources, GC II also interacts with other sources of international law regulating activities at sea. 15, paras 15481554; Art. 9 See, in particular, Geneva Convention IV, supra note 6, Arts 2, 27-34, 47-78. View all Google Scholar citations "displayNetworkTab": true, Pilloud, Roger Boppe, Ren-Jean Wilhelm, and Jean-Pierre Schoenholzer, Geneva Convention IV: Commentary, ICRC, Geneva, 1956 (French) and 1958 (English). However, the reticence of the major naval powers prevented these articles from entering into force.Footnote 11. Pictet (ed.) 7 See ICRC Commentary on GC II, above note 6, Introduction, paras 7996. Some UNCLOS provisions are exercised subject to this Convention and to other rules of international law; see e.g. These persons include wounded and sick members of armed forces, the shipwrecked, prisoners of war, and civilians. For example, the updated commentary on Article 2 of GC I notes that the threshold to trigger an international armed conflict is low: Even minor skirmishes between the armed forces, be they land, air or naval forces, would spark an international armed conflict and lead to the applicability of humanitarian law.Footnote 37 This means that any armed interference in a State's sphere or sovereignty, be it on land, in the air or at sea, may constitute an international armed conflict within the meaning of Article 2.Footnote 38 This passage is maintained in the updated commentary on Article 2 of GC II. This study on the protection of civilians, in particular those living in occupied territory, is based exclusively on practical experience in the years before 1949 and especially during the Second World War. It will be of service to legal scholars and to all those who in the course of their work - be it in government circles, armed forces or institutions within the International Red Cross and Red Crescent Movement - deal with questions regarding the implementation and application of international humanitarian law. Feature Flags: { 15 ICRC Commentary on GC II, above note 6, Introduction, para. 2: Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, ICRC, Geneva, 1960Google Scholar; Pictet, Jean (ed. After this brief overview of the background, scope and methodology of the project to update the Commentaries,Footnote 6 this article first situates GC II in its historical context, before addressing the applicability of the Convention and its relationship to other sources of international law. Written mainly by Oscar Uhler and Henri Coursier, with the participation of F. Siordet, C. Pilloud, J.-P. Schoenholzer, R.-J. In this regard, special mention must be made of the 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea (San Remo Manual),Footnote 28 which, in its own words, is a contemporary restatementtogether with some progressive developmentof the law applicable to armed conflicts at sea and which has been drafted by an international group of specialists in international law and naval experts. 2 Ibid. Are Small Grazers and/or Viruses a Structuring Factor of the Free-Living Bacterial Community in Lake Geneva? A hard copy of the updated Commentary on the Second Geneva Convention will be published by Cambridge University Press by January 2018. 3, para. 2336; Art. These include the obligation to take all possible measures to search for and collect the wounded, sick, shipwrecked and dead at sea. 1 See Pictet, Jean (ed. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Commentary on the Geneva Conventions of 12 August 1949. As a result, the rule has been challenged in a number of military manuals. 1: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, ICRC, Geneva, 1952Google Scholar; Pictet, Jean (ed. Thus, in principle, communications to and from hospital ships may never be encrypted, and must be sent in the open. Recommendations are made by suggesting points of improvement until the international community has agreed on this cross-cutting contemporary issue. The Geneva Conventions of 12 August 1949 commentary Pictet commentary Includes bibliographical references. Naval battles have been fought for several thousand years. . They may in no circumstances be attacked or captured, but shall at all times be respected and protected.Footnote 72. Further to these examples relating to the application and interpretation of the common articles in the updated Commentary on GC II, there are certain substantive differences between GC I and GC II. "shouldUseShareProductTool": true, At the time of writing this Commentary, the San Remo Manual is, for the most part, still a valid restatement of customary and treaty international law applicable to armed conflicts at sea. 4 United Nations Convention on the Law of the Sea, 1833 UNTS 3, 10 December 1982 (entered into force 16 November 1994) (UNCLOS). Commentary on the Third Geneva Convention - September 2021. 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 International Committee of the Red Cross, Donate to Israel and the occupied territory. [Washington, D.C. : Federal Research Division, Library of Congress, 2007] (Military legal resources). ICRC Commentary on GC II, above note 6, Introduction, para. Volume I, 1952 Publication 09 June 2020 The four volumes of the Commentary were published between 1952 and 1959. 91. 2206. Cyber Warfare, Hackers, Civilians, Combatants, Soft Law, International Humanitarian Law, JOURNAL NAME: Compared with the eleven articles dedicated to hospital ships, only one deals with coastal rescue craft, namely Article 27. 2403. Commentary on the Geneva Conventions of 12 August 1949: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War, p. 204 (Jean S. Pictet, ed . This imposing work is intended for specialists and specialized institutions. 86. 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 Moreover, critical legal analysis is used as principal methodology. Nevertheless, even for these common articles, the different contexts to which the Conventions apply have warranted some contextualization in the updated Commentary on GC II, dealing with warfare at sea. 61 ICRC Commentary on GC II, above note 6, Art. 1927. 10 Pictet, supra note 8, at 273. <>/Font<>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> It is therefore significant that Article 43 encourages the parties to the conflict to conclude special agreements on the most modern methods available to facilitate the identification of hospital ships.Footnote 75 As noted in the updated commentary on Article 43, there is no reason why such agreements could not also be concluded for coastal rescue craft.Footnote 76 Such agreements could be critical to ensure that protected vessels are effectively identified by parties to the conflict and given the protection to which they are entitled in order to be able to carry out their humanitarian work. Since then the . Available at Magee. 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. 27, para. A similar rule appears in Art. 1577. Since GC II was drafted, many other relevant branches of international law, such as international human rights law and international criminal law, have developed significantly. 18, para. 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. This applies in international armed conflict, whereas for non-international armed conflict, there is no rule that specifically addresses this issue. The ICRC's "Pictet" Commentary explains, "If therefore an area is in danger as a result of military operations or is liable to be subjected to intense bombing, the Occupying Power has the right and the duty of evacuating it partially or . Commentary II Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Commentary published under the general editorship of Jean S. Pictet, ICRC Geneva, 1960 Commentary III Geneva Convention relative to the Treatment of Prisoners of War, Commentary published under the general . 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 . "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. Silahl atmalar srasnda atmaya hi katlmam ya da atma d kalm kiilerin korunmas uluslararas insancl hukuku oluturan 1949 Cenevre Szlemeleri ve Szlemelere Ek 1977 tarihli iki Protokolde . Recognizing an important means by which its obligations may be implemented, GC II affords protection to hospital shipsFootnote 51 and coastal rescue craft,Footnote 52 as well as to ships chartered for the transport of medical equipmentFootnote 53 and to medical aircraft.Footnote 54, The operation of hospital ships constitutes one way in which parties to the conflict can carry out their obligation to protect and care for the wounded, sick and shipwrecked at sea. This study on the protection of civilians, in particular those living in occupied territory, is based exclusively on practical experience in the years before 1949 and especially during the Second World War. For example, one of the questions the updated Commentary addresses is whether detention in the context of a non-international armed conflict can take place at sea.Footnote 40 Article 22 of GC III requires prisoners of war to be interned on land. However, there may be cases in which a party may have to make an appeal in order for it to comply with its obligations, such as where it is unable to carry out a rescue itself.Footnote 88, Once collected, the wounded, sick and shipwrecked must receive adequate care as soon as possible.Footnote 89 This includes providing the medical care and attention required by their condition, as well as other forms of non-medical care, such as provision of food, drinking water, shelter, clothing, and sanitary and hygiene items. 5 International Court of Justice, Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia (The Namibia Case), 21 June 1971, para. 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. They contain important institutional and historical knowledge and, in this respect, retain their value. There have been considerable developments in underwater technology since 1949 that permit locating and retrieving dead bodies at sea, including remotely operated vehicles with cameras. 49. Common Article 3 prohibits the passing of sentences and the carrying out of executions without previous judgments pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.Footnote 44 In practice, it seems highly unlikely that a trial at sea can fulfil the minimum fair trial guarantees. Further to the central obligation on the parties to an armed conflict that takes place at sea to respect and protect the wounded, sick and shipwrecked, and to treat them humanely in all circumstances, GC II sets out a number of additional obligations intended to ensure that this core obligation is fulfilled. (1952). Still, that vessel remains under an obligation to consider what measures are possible in light of the circumstances. Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War (1949 : Geneva); Pictet, Jean S; Great Britain. <> Pictet,(ed. Vol.6 No.4, The updated Commentary specifies that such passage does not constitute an international armed conflict.Footnote 39, Some contextualization was also necessary in the updated commentary on common Article 3, regulating non-international armed conflict. Includes foreword and introduction by the ICRC. "shouldUseHypothesis": true, In this respect, Article 18 differs from the parallel provision in GC I, which requires its obligations to be carried out at all times, and particularly after an engagement.Footnote 80 As the updated commentary on Article 18 explains, the different wording reflects the fact that the conditions of warfare at sea, compared to those on land, might make it impossible to carry out search and rescue activities at all times.Footnote 81, What constitutes possible measures in any given case is inherently context-specific. 81 Article 2(1) of the Fourth Geneva Convention. Hiemstra, Heleen Auf welche Punkte Sie bei der Wahl von Bohrer 50mm achten sollten! Pictet, J. 1653. 81 ICRC Commentary on GC II, above note 6, Art. endobj 14 ICRC Commentary on GC II, above note 6, Introduction, para. 2, para. More concretely, for example, the right to be tried within a reasonable time, which is also pertinent in the context of a non-international armed conflict, may require taking into consideration the exceptional circumstances of being at sea.Footnote 46. Learn more. 11 ICRC Commentary on GC II, above note 6, Introduction, para. Krotiuk, Kvitoslava 53. 2 0 obj Geneva ICRC. The use of the word may in Article 21 implies that making such an appeal is optional. For the best experience on our site, be sure to turn on Javascript in your browser. This provision was reiterated in Article 1, paragraph 4, of Additional Protocol I. 87, No. endobj 32 International Convention for the Safety of Life at Sea, 1874 UNTS 3, 1 November 1974 (entered into force 25 May 1980). Add your e-mail address to receive free newsletters from SCIRP. See Opinion, paras.90-101. 11 See, e.g., the references in note 5 above. Log In / Sign Up Change My Account User Settings Access via Institution MyMUSE Library Search History View History Purchase History MyMUSE Alerts 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. 3 to the Geneva Conventions. III. 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. 510. 13 ICRC Commentary on GC II, above note 6, Introduction, para. 76 See ICRC Commentary on GC II, above note 6, Art. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the Convention, the type of vessels it protects (in particular hospital ships and coastal rescue craft), and its relationship with other sources of international humanitarian law and international law conferring protection to persons in distress at sea. For the full text of that resolution, see Report Concerning the Revision of the Tenth Hague Convention of 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, 1937, adopted by a Commission of Naval Experts and presented to the 16th International Conference of the Red Cross, London, June 1938 (Document No. 1378. 1 ICRC, Preliminary Remarks to 1949 Geneva Conventions in "e Geneva Conventions of August 12, 1949 (Geneva: ICRC, 1994), at 29. 6 But also difficulties of legal interpretation. Read more about what we do and who we are. 16, para. Commentary on the Geneva Conventions of 12 August 1949, Volume IV, Skip to the beginning of the images gallery. Contextualization was sometimes prompted by the existence of complementary rules of international law, outside of IHL, that regulate activities at sea.

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