Ensuring Respect for International Humanitarian Law: 1st Edition (Hardback) book cover

Ensuring Respect for International Humanitarian Law

1st Edition

Edited by Eve Massingham, Annabel McConnachie

Routledge

320 pages

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Hardback: 9780367186890
pub: 2020-06-23
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Description

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 fighters.

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

  1. Common Article 1: an introduction;

    Eve Massingham and Annabel McConnachie;

  2. The Geneva Conventions and their Additional Protocols;

    Jonathan Crowe;

  3. Ensuring respect for IHL in the international community: Navigation expectations for humanitarian law diplomacy by third States not a party to an armed conflict;

    Sarah McCosker;

  4. Parliamentary scrutiny committees’ contribution to the obligation to respect and ensure respect for IHL;

    Lara Pratt;

  5. Ensuring respect for IHL by, and in relation to, the conduct of private actors;

    Catherine Drummond;

  6. Ensuring respect for IHL by Kenya and Uganda in South Sudan: a case study;

    Kenneth Wyne Mutuma;

  7. Ensuring respect and targeting;

    Dale Stephens;

  8. Weapons and the obligation to ensure respect for IHL;

    Eve Massingham;

  9. Artificial Intelligence and the obligation to respect and to ensure respect for IHL;

    Hitoshi Nasu;

  10. The obligation to ensure respect for IHL in the peacekeeping context: progress, lessons and opportunities;

    Leanne Smith;

  11. The obligations to ensure respect in relation to detention in armed conflict;

    Kelisiana Thynne;

  12. CA1 and counter-terrorism legislation: challenges and opportunities in an increasingly divided world;

    Yvette Zegenhagen and Petra Ball;

  13. Ensuring respect for IHL as it relates to humanitarian activities;

    Nathalie Weizmann;

  14. The nature of the obligation to ensure respect under IHL for people displaced as a result of armed conflict;

    Linda Ngesa;

  15. Challenges in the application of the obligation to ensure respect for IHL– foreign fighters as an example;

    Marnie Lloydd;

  16. The external dimension of CA! and the creation of International Criminal Tribunals;

    Parisa Zangeneh;

  17. Conclusion;

    Eve Massingham and Annabel McConnachie;

About the Editors

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 African and in Australia. Eve 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 10 years.

About the Series

Routledge Research in the Law of Armed Conflict

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
LAW060000
LAW / Legal History
POL004000
POLITICAL SCIENCE / Political Freedom & Security / Civil Rights
POL048000
POLITICAL SCIENCE / Intergovernmental Organizations
POL061000
POLITICAL SCIENCE / Genocide & War Crimes