Commentary on the Second Geneva Convention: Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed ... (Commentaries on the 1949 Geneva Conventions)

Cambridge University Press, 12/21/2017
EAN 9781108436380, ISBN10: 1108436382

Paperback, 1352 pages, 24.7 x 17.6 x 4.9 cm
Language: English

The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.

Foreword
Acknowledgements
Introduction
Preamble
Part I. General Provisions
Article 1
Respect for the Convention
Article 2
Application of the Convention
Article 3
Conflicts not of an international character
Article 4
Field of application
Article 5
Application by neutral Powers;Article 6
Special agreements
Article 7
Non-renunciation of rights
Article 8
Protecting Powers
Article 9
Activities of the ICRC and other impartial humanitarian organizations
Article 10
Substitutes for Protecting Powers
Article 11
Conciliation procedure
Part II. Wounded, Sick and Shipwrecked
Article 12
Protection and care of the wounded, sick and shipwrecked
Article 13
Protected persons
Article 14
Handing over of wounded, sick and shipwrecked to a belligerent
Article 15
Wounded, sick and shipwrecked taken on board a neutral warship or neutral military aircraft
Article 16
Status of the wounded, sick and shipwrecked who have fallen into enemy hands
Article 17
Wounded, sick and shipwrecked landed in a neutral port
Article 18
Search for casualties after an engagement
Article 19
Recording and forwarding of information
Article 20
Presriptions regarding the dead
Article 21
Appeals to neutral vessels
Part III. Hospital ships
Article 22
Notification and protection of military hospital ships
Article 23
Protection of medical establishments ashore
Article 24
Hospital ships utilized by relief societies and private persons of Parties to the conflict
Article 25
Hospital ships utilized by relief societies and private persons of neutral countries
Article 26
Tonnage of hospital ships
Article 27
Protection of coastal rescue craft and fixed coastal installations
Article 28
Protection of sick-bays
Article 29
Hospital ships in a port fallen into enemy hands
Article 30
Employment of hospital ships and coastal rescue craft
Article 31
Right of control and search of hospital ships and coastal rescue craft
Article 32
Stay of hospital ships and coastal rescue craft in a neutral port
Article 33
Converted merchant vessels
Article 34
Discontinuance of protection of hospital ships
Article 35
Conditions not depriving hospital ships of protection
Part IV. Personnel
Article 36
Protection of the personnel of hospital ships
Article 37
Protection of medical and religious personnel of other ships
Part V. Medical Transports
Article 38
Ships used for the conveyance of medical equipment
Article 39
Medical aircraft
Article 40
Flight over neutral countries. Landing of the wounded, sick and shipwrecked
Part VI. The distinctive Emblem
Article 41
Use of the emblem
Article 42
Identification of medical and religious personnel
Article 43
Marking of hospital ships and coastal rescue craft
Article 44
Limitation in the use of the distinctive signs
Article 45
Prevention of misuse of the distinctive signs
Part VII. Execution of the Convention
Article 46
Detailed execution. Unforeseen cases
Article 47
Prohibition of reprisals
Article 48
Dissemination of the Convention
Article 49
Translations. Implementing laws and regulations
Part VIII. Repression of Abuses and Infractions
Article 50
Penal sanctions
Article 51
Grave breaches
Article 52
Responsibilities of the Contracting Parties
Article 53
Enquiry procedure
Final provisions
Article 54
Languages
Article 55
Signature
Article 56
Ratification
Article 57
Coming into force
Article 58
Relation to the 1907 Hague Convention
Article 59
Accession
Article 60
Notification of accessions
Article 61
Immediate effect
Article 62
Denunciation
Article 63
Registration with the United Nations
Testimonium and signature clause
Sources
Index.