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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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Chapter 25. Violations of common Article 3 of the Geneva conventions
2009Article 8(2)(c) of the Statute asserts jurisdiction over violations of common Article 3 committed during internal armed conflict. In doing so, it reproduces almost exactly the prohibitions contained in (a)-(d) of common Article 3, paragraph (1). Violence to life and person is an integral part of armed conflict. Numerous such acts are therefore entirely
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Netherlands International Law Review, 1995
A controversial issue in international humanitarian law is whether violations of norms applicable in internal armed conflicts constitute criminal offences under international law and can be adjudicated as such. The International Criminal Tribunal for the former Yugoslavia (ICTY) recently faced this question in the context of a preliminary motion lodged
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A controversial issue in international humanitarian law is whether violations of norms applicable in internal armed conflicts constitute criminal offences under international law and can be adjudicated as such. The International Criminal Tribunal for the former Yugoslavia (ICTY) recently faced this question in the context of a preliminary motion lodged
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2014
International humanitarian law (IHL) is based on the premise that armed conflicts can be categorised as either international under Common Article 2 of the Geneva Conventions or Article 1(4) of Additional Protocol I or non-international under Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II.
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International humanitarian law (IHL) is based on the premise that armed conflicts can be categorised as either international under Common Article 2 of the Geneva Conventions or Article 1(4) of Additional Protocol I or non-international under Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II.
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2009
The displacement of civilians has become a relatively common feature of modern internal armed conflict. It is therefore important to distinguish lawful acts of displacement, from unlawful. The ICTY, for example, has discussed the issue of ethnic cleansing, including sexual assaults as ethnic cleansing in an effort to displace civilians.
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The displacement of civilians has become a relatively common feature of modern internal armed conflict. It is therefore important to distinguish lawful acts of displacement, from unlawful. The ICTY, for example, has discussed the issue of ethnic cleansing, including sexual assaults as ethnic cleansing in an effort to displace civilians.
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