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Unveiling Common Article 3 to the Geneva Conventions
2021Abstract The chapter analyses the role that contingency played in the negotiation, adoption, and interpretation of Common Article 3 to the Geneva Conventions. It focuses in particular on the choice of including the Article in the Conventions, on the terminology that is used in the provision, and on the way in which the latter is ...
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Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes
Journal of International Criminal Justice, 2006On 14 October 2005, The Hague District Court sentenced two Afghan asylum seekers for their role and participation in the torture of civilians during the Afghan War of 1978-1992. The Court held in both cases that it had `universal jurisdiction` over violations of Common Article 3 of the Geneva Conventions and that the accused were guilty of `torment ...
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Emergency Medicine Australasia, 2017
AbstractKnee injuries are a common presentation to the ED and are often difficult to assess and definitively diagnose due to the patient's acute pain, effusion and guarding. The quality of ED care provided to patients with fractures or soft tissue injuries of the knee is critical to ensure the best possible outcomes for the patient.
Kirsten Strudwick +4 more
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AbstractKnee injuries are a common presentation to the ED and are often difficult to assess and definitively diagnose due to the patient's acute pain, effusion and guarding. The quality of ED care provided to patients with fractures or soft tissue injuries of the knee is critical to ensure the best possible outcomes for the patient.
Kirsten Strudwick +4 more
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2015
Abstract This chapter discusses the scope, application, and elements of the prohibition against murder in Common Article 3. Despite its fundamental importance, Common Article 3 murder has been the subject of surprisingly little commentary.
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Abstract This chapter discusses the scope, application, and elements of the prohibition against murder in Common Article 3. Despite its fundamental importance, Common Article 3 murder has been the subject of surprisingly little commentary.
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The Addressees of Common Article 3
2015Abstract Common Article 3 is the only Article in the Geneva Conventions that regulates non-international armed conflicts (NIACs). Common Article 3 provides that, in NIACs, ‘each Party to the conflict shall be bound to apply’ certain listed provisions. The Article is thus addressed to the parties to the conflict.
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Judicial Guarantees under Common Article 3
2015Abstract This chapter discusses provisions for judicial guarantees in the Geneva Conventions applicable in non-international armed conflicts. It focuses on the meaning and application of the Common Article 3 paragraph 1(1)(d), covering the nature of the court required to pronounce judgment, guarantees recognized as ‘indispensable’, other
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The protective scope of Common Article 3: more than meets the eye
International Review of the Red Cross, 2011AbstractNon-international armed conflicts are not only prevalent today, but are also evolving in terms of the types that have been observed in practice. The article sets out a possible typology and argues that Common Article 3 to the Geneva Conventions may be given an expanded geographical reading as a matter of treaty law.
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The ICC and Common Purpose: What Contribution is Required Under Article 25(3)(d)?
SSRN Electronic Journal, 2014Abstract This chapter discusses the nature and elements of common purpose liability under Article 25(3)(d) of the ICC Statute. It argues that Article 25(3)(d) represents a compromise that tries to combine opposition of state delegations to any form of anticipated (e.g. conspiracy) or organizational/collective liability (e.g.
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The Beneficiaries of the Rights Stemming from Common Article 3
2015Abstract This chapter discusses the protection of certain persons from a number of acts in non-international armed conflicts (NIACs) under Common Article 3 of the Four Geneva Conventions. The Article covers persons ‘taking no active part in the hostilities’, members of armed forces who have laid down their arms, and those placed hors de ...
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