This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting.
The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
Table of Contents
Dr Helen Durham Ao
1 Common Article 1: an introduction
Eve Massingham And Annabel Mcconnachie
2 The Geneva Conventions and their Additional Protocols
3 Ensuring respect for IHL in the international community: Navigating expectations for humanitarian law diplomacy by third States not party to an armed conflict
4 Parliamentary scrutiny committees’ contribution to the obligation to respect and ensure respect for IHL
5 Ensuring respect for IHL by, and in relation to the conduct of, private actors
6 Ensuring respect for IHL by Kenya and Uganda in South Sudan: A case study
Kenneth Wyne Mutuma
7 Ensuring respect and targeting
8 Weapons and the obligation to ensure respect for IHL
9 Artificial Intelligence and the obligation to respect and to ensure respect for IHL
10 The obligation to ensure respect for IHL in the peacekeeping context: Progress, lessons and opportunities
11 The obligation to ensure respect in relation to detention in armed conflict
12 Common Article 1 and counter-terrorism legislation: Challenges and opportunities in an increasingly divided world
Petra Ball And Yvette Zegenhagen
13 Ensuring respect for IHL as it relates to humanitarian activities
14 The nature of the obligation to ensure respect under IHL for people displaced as a result of armed conflict
Linda Isabel Ngesa
15 Challenges in the application of the obligation to ensure respect for IHL – foreign fighting as an example
16 The external dimension of Common Article 1 and the creation of international criminal tribunals
17 Common Article 1: emerging themes
Eve Massingham And Annabel Mcconnachie
Eve Massingham is a Senior Research Fellow in the Law and the Future of War team at the University of Queensland School of Law. She has worked in the field of IHL for ten years with the International Red Cross and Red Crescent Movement throughout East and Southern Africa and in Australia. Eve holds a PhD from the University of Queensland and, among other qualifications, an LLM from King’s College London where she attended as a Chevening Scholar. She is an Australian qualified lawyer and has published a number of book chapters and articles on IHL. Eve has also served as an Australian Army Reserve Officer.
Annabel McConnachie has worked with the IHL team at Australian Red Cross as a volunteer and staff member since 2003. Primarily involved with dissemination activities, she led the project developing a series of advocacy publications in collaboration with Pacific National Red Cross Societies for high-level engagement with parliamentarians. Annabel holds a BA (Hons) in law and history from Keele University and a Master of International Relations from Macquarie University in Sydney, where she lectured and convened units about human rights, international law and forced migration for ten years.