Common Article 1 to the Geneva Conventions and the obligation to prevent international humanitarian law violations

Dörmann, Knut; Serralvo, Jose

doi:10.1017/s181638311400037x

Cited by 33 publications

(3 citation statements)

References 12 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…49 The fact that a violation of IHL is necessary to meet the conditions under common article I of the GC so that any action taken can be a humanitarian-related action or at least taken within the course of international humanitarian law. 50 Hence, if a neutral party is willing to step in and take action, it must be limited solely to prevent or stop the IHL violations. Thus, the study began its analysis by emphasizing that a state still maintains its neutral status while assisting one of the belligerents if it is a related humanitarian support.…”

Section: Lawfulness Of United States Military Assistance Under the Fr...mentioning

confidence: 99%

Principle of Neutrality and the Obligation to Prevent International Humanitarian Law Violations: A Case Study of Us Military Assistance in Russia-Ukraine War

Manogar

Christianti

2023

PJIH

View full text Add to dashboard Cite

Although international law forbids states to use force against each other, every state has an obligation to stop the ongoing violation of international humanitarian law. Consequently, the relevance of the traditional law of neutrality is questionable and often considered obsolete in contemporary armed conflict. The United States of America introduced the doctrine of qualified neutrality. The doctrine allows other states to do something when there is a threat or ongoing violations of the peace and security of humankind. The United States has commonly justified its military assistance to one of the warring parties using the doctrine as in the current Russia-Ukraine War. The United States provides vast military assistance to Ukraine, consisting of weapons and specialized military training to stop Russian aggression. This study aims to assess the qualified neutrality doctrine from an international law perspective and whether the United States can still preserve its neutral status or become a co-belligerent of Ukraine. This study argues that qualified neutrality will not change the status of a neutral state into co-belligerent if it does not involve any use of force measures or, otherwise, these measures shall fall within the framework of the UN Charter and require authorization from the UN.

show abstract

Section: Lawfulness Of United States Military Assistance Under the Fr...mentioning

confidence: 99%

Principle of Neutrality and the Obligation to Prevent International Humanitarian Law Violations: A Case Study of Us Military Assistance in Russia-Ukraine War

Manogar

Christianti

2023

PJIH

View full text Add to dashboard Cite

show abstract

“…The first limb, 'to respect ... the present Convention in all circumstances', reflects the general public international principle of pacta sunt servanda ('agreements must be kept') rather than creating a novel obligation per se. 141 The principle of pacta sunt servanda is also implicit in the obligation to investigate alleged violations of IHL committed by a state's own personnel: a good faith undertaking to respect a body of law also involves preventing future violations. Investigating, prosecuting, and evaluating potential war crimes and other violations of IHL are principal methods for states to ensure their own compliance with IHL.…”

Section: The Obligation To Ensure Respect For Ihlmentioning

confidence: 99%

How does the obligation to investigate alleged serious violations of international humanitarian law apply in ad hoc military coalitions?

2022

MLLWR

View full text Add to dashboard Cite

show abstract

“…This is the meaning of the obligationset out in Article 1 common to the four universally ratified Geneva Conventions -"to respect and to ensure respect for" IHL. 25 The use of explosive weapons in urban settings, particularly those that have a wide impact area, creates major challenges in terms of the basic principles of humanitarian law, namely the prohibition on indiscriminate and disproportionate attacks as well as the obligation to take precautions in attack. Although explosive weaponslike bombs, rockets and shellsare not prohibited as such under humanitarian law, their use in urban settings creates a whole set of humanitarian problems.…”

Section: Sparing the Civilian Populationmentioning

confidence: 99%

War in cities: The spectre of total war

Vincent¹

2016

Int. rev. Red Cross

View full text Add to dashboard Cite

A scene of devastation, blanketed with grey dust, stretches into the distance in eerie silence. Walls riddled with bullets, buildings collapsing in on themselves, external walls blown away to reveal an intimate view of a bedroom or living room, streets blocked by piles of rubble.These sickening images of destruction -filmed from above by drones and shared on social media -probably best symbolize the current resurgence in urban warfare. Other images come to mind: bombed-out hospitals, children being pulled from wreckage, snipers roaming the maze of tunnels and walkways that have been blasted through the walls of now-uninhabited houses.Contrasting starkly with these often deserted urban scenes of destruction are the pictures of overpopulated camps and makeshift boats brimming over with men, women and children. City-dwellers are often forcibly evacuated or driven to flee by conflict or hardship, with no choice but to leave behind their work, their relationships and the safety of their homes.But not everyone can or wants to flee. For those who remain, life often becomes extremely dangerous and precarious when the complex fabric of urban services disintegrates: power, water and food supplies are cut off, leading to isolation, cold, darkness, illness and anxiety about what tomorrow may bring. As schools, businesses and shops close, people's future prospects disappear. Bombs -through negligence, error or criminal intent -strike people and the infrastructure they need to survive.Gaza, Sana'a, Ramadi and Aleppo have recently joined the long list of cities that have been devastated by warfare throughout history, and other cities in Syria and Iraq may soon go the same way. After an issue dealing with how war has changed, and with future editions due to cover displacement, migration and the conflict in Syria, the International Review of the Red Cross felt the need to address the subject of urban warfare, not just because of the humanitarian crises that are continuing to unfold, but because urbanization is an unstoppable trend. Tomorrow's wars will inevitably take place in urban areas, where more than half of the world's population now lives. According to the United Nations (UN) World Urbanization Prospects report, urban population growth is accelerating. Only 30% of the world's population lived in cities in 1950, but the figure was 54% in 2014 and is projected to rise to 66% in 2050. 1

show abstract

Common Article 1 to the Geneva Conventions and the obligation to prevent international humanitarian law violations

Cited by 33 publications

References 12 publications

Principle of Neutrality and the Obligation to Prevent International Humanitarian Law Violations: A Case Study of Us Military Assistance in Russia-Ukraine War

Principle of Neutrality and the Obligation to Prevent International Humanitarian Law Violations: A Case Study of Us Military Assistance in Russia-Ukraine War

How does the obligation to investigate alleged serious violations of international humanitarian law apply in ad hoc military coalitions?

War in cities: The spectre of total war

Contact Info

Product

Resources

About