ABSTRACT

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 fighting.

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.

chapter 1|11 pages

Common Article 1: an introduction

ByEve Massingham, Annabel McConnachie

chapter 2|11 pages

The Geneva Conventions and their Additional Protocols

ByJonathan Crowe

chapter 3|21 pages

Ensuring respect for IHL in the international community

Navigating expectations for humanitarian law diplomacy by third States not party to an armed conflict
BySarah McCosker

chapter 6|17 pages

Ensuring respect for IHL by Kenya and Uganda in South Sudan

A case study
ByKenneth Wyne Mutuma

chapter 7|15 pages

Ensuring respect and targeting

ByDale Stephens

chapter 8|17 pages

Weapons and the obligation to ensure respect for IHL *

ByEve Massingham

chapter 10|18 pages

The obligation to ensure respect for IHL in the peacekeeping context

Progress, lessons and opportunities
ByLeanne Smith

chapter 12|20 pages

Common Article 1 and counter-terrorism legislation

Challenges and opportunities in an increasingly divided world
ByPetra Ball, Yvette Zegenhagen

chapter 13|19 pages

Ensuring respect for IHL as it relates to humanitarian activities

ByNathalie Weizmann

chapter 17|11 pages

Common Article 1: emerging themes

ByEve Massingham, Annabel McConnachie