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Non-Refoulement between ‘Common Article 1’ and ‘Common Article 3’
This article considers whether, in the context of armed conflicts, certain non-refoulement obligations of non-belligerent States can be derived from the 1949 Geneva Conventions.
Reuven Ziegler
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Unveiling Common Article 3 to the Geneva Conventions
Abstract 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 ...
Bianca Maganza
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The protective scope of Common Article 3: more than meets the eye
AbstractNon-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.
J. Pejic
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Dutch Courts` Universal Jurisdiction over Violations of Common Article 3 qua War Crimes
On 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 ...
Guénaël Mettraux
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Negotiating Common Article 3 (1949)
Henry Lovat
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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
Lindsay. Moir
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