bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prohibition of expulsion of nationals/Interdiction de l’expulsion des nationaux
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 3 of Protocol 4 to the European Convention on Human Rights, which prohibits the expulsion of nationals. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of Protocol 6 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Death penalty in time of war/Peine de mort en temps de guerre
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 2 of Protocol 6 to the European Convention on Human Rights, which sets out the sole exception to the principle of abolition stated in article 1 of Protocol No. 6: A state may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Seat and Symbols of the Council of Europe
Authors: Klein Eckart 
Published: August 2024

Abstract
This chapter discusses the seat of the Council of Europe (CoE), as well as the establishment of its symbols and other institutional accoutrements. It also describes the function of these symbols and how they help to create an image of the European identity. Though the symbols have only an auxiliary effect on the European identity, they have nevertheless helped to create awareness of a common destiny. Thus the chapter looks at how the Council had arrived at its decision to use Strasbourg as its official seat, which is relevant for also determining the working places of its organs. While the seat and the issue of (official and working) languages was settled at the moment of or immediately after the foundation of the Council of Europe (CoE), the organisation needed some time to institute its specific symbols, emblem and flag (1955), Europe Day (1964), anthem (1972), and logo (1998).
Secretariat
Authors: Ruffert Matthias 
Published: August 2024

Abstract
This chapter examines the Council’s administrative organ, the secretariat, as well as its head, the Secretary General. The Secretary General is usually at the same time leading the administration of the organisation and bearing political functions. Thus the chapter discusses the appointment of the Secretary General, as well as their status, privileges, and immunities, before considering the organisation and its tasks as a whole. The Secretariat General is divided into several sub-units, with the Secretary General and the Deputy Secretary General being assisted in the execution of their functions by the Private Office of the Secretary General and the Deputy Secretary General. As the Secretariat provides secretarial functions for the CM and the PACE, respective secretarial units are created within it — the Secretariat of the Committee of Ministers (SecCM) to run the Ministers’ meetings, and the Secretariat of the Parliamentary Assembly.
Commissioner for Human Rights
Authors: Dörr Oliver 
Published: August 2024

Abstract
This chapter covers the background and activities of the Commissioner for Human Rights. The Commissioner for Human Rights of the Council of Europe (the Commissioner) is an independent, non-judicial institution set up in 1999 by a resolution of the Council of Ministers (CoM) with the explicit mandate to promote education in, awareness of, and respect for human rights, as embodied in the human rights instruments of the Council of Europe (CoE) (Article 1 paragraph 1 Resolution (99) 50). Since it has been established by one of the CoE main organs pursuant to its organisational powers (Article 16 CoE Statute) in order to pursue one of the purposes of the organisation (Article 1 (b) CoE Statute) by independent means, the Commissioner may be considered a (subsidiary) organ of the CoE. Its three main functions are, as stated above, education and information, monitoring, institutional cooperation. These functions are not mutually exclusive, but overlap each other.
The Administrative Tribunal
Authors: von Arnim Dorothee 
Published: August 2024

Abstract
This chapter is an examination of the Administrative Tribunal of the Council of Europe (the Tribunal), its functions, and its proceedings. The Tribunal safeguards the right of the organisation’s staff of access to a court in employment disputes. Concerning that right, and other fundamental rights relevant to employment relations, the Tribunal increasingly draws inspiration also from the European Convention of Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR), whose techniques of drafting and reasoning are similar to those of the Tribunal. Moreover, the Tribunal is composed of three judges and three deputy judges, with one judge and their deputy appointed by the ECtHR — the Tribunal’s Chair. The other two judges and two deputy judges are appointed by the Council of Ministers (CM).
European Centre for Global Interdependence and Solidarity (North–South Centre)
Authors: Kaltenborn Markus 
Published: August 2024

Abstract
This chapter looks at the organisation, mandate, and activities of the European Centre for Global Interdependence and Solidarity, or ‘North-South Centre’ (NSC) for short. The NSC was established within the context of development policy, in answer to an appeal for a greater solidarity and an equitable North-South relationship. In the Statute of the NSC, three organs are mentioned which deal with the North-South tasks of the Council of Europe (CoE). These are: the Executive Committee, the decisive organ; the Bureau, which is confronted with tasks regarding execution, monitoring, and reporting; and the Secretariat, which documents and prepares new programs and cooperation projects of the NSC. After an overview of the organisation as a whole, the chapter considers the new direction the NSC hopes to pursue.
European Centre for Modern Languages
Authors: McGonagle Tarlach 
Published: August 2024

Abstract
This chapter is about the European Centre for Modern Languages (the Centre), its history, objectives, structure, activities, and so on. The Centre is a Council of Europe (CoE) body based in Graz, Austria, and styled as an agent for reform in the teaching and learning of modern languages. Its founders’ ambition was for it to become ‘a fundamental instrument of cultural cooperation in Europe’. The Centre plays an important role in the CoE’s activities for the promotion of linguistic diversity and language learning in the field of education. In addition, these activities have been developed against the backdrop of the European Cultural Convention.
Protecting Children
Authors: Kilkelly Ursula 
Published: August 2024

Abstract
This chapter documents the work of the Council of Europe (CoE) in the area of children’s rights. In doing so, it considers the contribution made by the Council in this area, highlighting its principal achievements and the approaches used in this work. Its work is divided into three sections: the first section deals with the standard setting work of the CoE, which identifies the treaties and other instruments adopted by the CoE’s various bodies. The second section considers the establishment of the Children’s Rights Division and outlines the three strategies that have guided its work. The third section explains the mainstreaming of children’s rights undertaken by the Children’s Rights Division across the Council’s activities and functions, as well as the collaborative work undertaken with other international bodies. Finally, the chapter offers some concluding reflections on the contribution of the Council’s work on children’s rights.
Media and Information Society
Authors: Uerpmann-Wittzack Robert 
Published: August 2024

Abstract
This chapter concentrates on three landmark conventions on media and information technology: The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (‘Convention on Data Protection’, CDP), the European Convention on Transfrontier Television (CTT), and the Convention on Cybercrime (CCC). Moreover, recent activities with regard to internet governance are also considered. Other conventions and activities only plays a marginal role in this chapter. The final sections take a cross-sectional approach with regard to the abovementioned topics. These focus on institutional aspects; on evaluating the impact of Council of Europe (CoE) activities with regard to data protection, transfrontier television, and cybercrime; and on an assessment of the prospects of future CoE action with regard to the media and the information society.
The Council of Europe within the System of International Organisations
Authors: Schmahl Stefanie 
Published: August 2024

Abstract
This chapter analyses the inter-institutional role that the Council of Europe (CoE) plays within the system of international organisations. After all, since its foundation, the CoE is embedded in this larger system of international organisations. Thus the chapter elaborates on the CoE’s far-reaching fields of activities and its functional, substantive, and institutional meddling with other organisations. It subsequently analyses them in systematic terms in order to achieve a comprehensive approach of the CoE’s external ‘network activities’ within and outside Europe. By tracing and delimiting its role within the system of international organisations, the chapter further aims at giving a closer insight on the CoE’s contribution towards the shaping of a common framework of institutional international law.
The Applicability of the Conventions to ‘Transnational’ and ‘Mixed’ Conflicts
Authors: Milanovic Marko 
Published: August 2024

Abstract
This chapter addresses the unorthodox types of conflicts that do not clearly fit into the Geneva Conventions’ binary international armed conflict/non-international armed conflict (IAC/NIAC) mould. It begins with definitions and questions of terminology. It then briefly examines the transformative processes that can lead one type of conflict to mutate into the other, namely, the internationalization of NIACs and the internalization of IACs. Next, it looks at cross-border NIACs, i.e. NIACs which are not purely internal, and at mixed or hybrid conflicts in which an IAC and NIAC may exist in parallel. It concludes with a critical assessment of the current state of the law, including an appraisal of whether the existing IAC/NIAC binary is fit for purpose.
The Principle of Non-Discrimination
Authors: Rona Gabor , McGuire Robert J 
Published: August 2024

Abstract
This chapter discusses the principle of non-discrimination in the Geneva Conventions, covering its meaning and application, relevance in non-international armed conflicts, and legal consequences of a violation. Non-discrimination broadly stands for the proposition that humanitarian treatment in armed conflict, while necessarily differentiated, must never be denied without justification. The Geneva Conventions do not require identical treatment; differentiated treatment is acceptable, and even required, as long as it has a reasonable and objective basis. The Conventions codify this general, overarching obligation through two specific, legally operative types of obligations. In many instances, non-discrimination appears as a primary obligation, requiring parties to take action to prevent the occurrence of discrimination. More frequently, non-discrimination is a subsidiary obligation, a condition specifying that a party must satisfy its primary humanitarian obligations, such as caring for the wounded, without discrimination.
Rape and Other Sexual Violence
Authors: Viseur Sellers Patricia , Rosenthal Indira 
Published: August 2024

Abstract
This chapter examines the historical policy origins and modern scope of the application of the protection from rape and other forms of sexual violence under the Geneva Conventions (GCs). Reference is made to the relevant provisions, especially Article 27 paragraph 4 GC IV, as well as to Article 14 GC III and Common Article 3. Reference is also made to Additional Protocol (AP) I and AP II. The chapter discusses the fundamental guarantee under IHL of humane treatment as the underlying principle prohibiting all forms of sexual violence, and looks specifically at the prohibitions against rape, enforced prostitution and indecent assault under Article 27 paragraph 2. It briefly discusses the outdated approach found in the Geneva Conventions of linking protection of a woman’s honour with protection from sexual violence. The chapter also considers the legal consequences of violating the prohibitions against rape and other sexual attacks, including under the grave breaches regime, the criminalization of rape and other forms of sexual violence as offences within the jurisdiction of international criminal courts and tribunals, and the resolutions of the United Nations Security Council on Women, Peace and Security, which affirm the prohibition of sexual violence during armed conflict.
The Beneficiaries of the Rights Stemming from Common Article 3
Authors: Kleffner Jann K 
Published: August 2024

Abstract
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 combat by sickness, wounds, detention, or any other cause. It also sets forth a number of fundamental obligations pertaining to the wounded, sick, and shipwrecked, namely to collect and care for them, and provides that impartial humanitarian bodies may offer their services to the parties to the conflict.
The Right of Initiative of the ICRC and Other Impartial Humanitarian Bodies
Authors: Nishat Nishat 
Published: August 2024

Abstract
This chapter discusses the meaning and application of the right of initiative under Common Article 3. The right of initiative traditionally refers to the right of impartial humanitarian organizations to offer their services to parties to a non-international armed conflict (NIAC), without such an offer being deemed interference in the internal affairs of the state in question. The International Committee of the Red Cross (ICRC) is cited by the provision as an example of such a body. The chapter also describes two (seemingly) contradictory trends emerging with regard to the services of humanitarian organizations in situations of NIAC which could shape the development of the right of initiative.
The Role of the International Committee of the Red Cross
Authors: Giladi Rotem , Ratner Steven R 
Published: August 2024

Abstract
This chapter discusses the role of the International Committee of the Red Cross (ICRC) in the implementation of the Geneva Conventions. It begins with a background on the ICRC, covering its history and structure, international legal status, and its impartiality, neutrality, and independence. It then details the ICRC’s functions under the Geneva Conventions, its methods for fostering compliance with international humanitarian law, and its relations with international criminal courts. The ICRC has repeatedly acted beyond its very limited textual mandate in the Conventions to take on significant responsibilities in their execution. Its unique modus operandi, centred on direct interactions with warring parties, has demonstrated some effectiveness, even as the confidentiality at its centre has proved controversial. Ultimately, the major role played by this unique NGO is evidence of an unwillingness of the Conventions’ parties to create and own a robust enforcement mechanism.
Protecting Powers
Authors: Kolb Robert 
Published: August 2024

Abstract
A Protecting Power is a neutral state or a state not party to an international armed conflict (IAC), which is nominated in order to safeguard the interests of one or more states parties to an international armed conflict, notably when direct diplomatic relations are severed, and to contribute to the control of implementation and respect for the applicable international humanitarian law (IHL). This chapter discusses the regulation of Protecting Powers in the Geneva Conventions. It covers the modalities of appointment of a Protecting Power, functions of the Protecting Power, and reasons for the decline of Protecting Powers. Furthermore, it discusses state practice with regard to the nomination of Protecting Powers and concludes by discussing whether the disuse of the institution of the Protecting Powers is likely to continue in the future.
The Interplay Between the Geneva Conventions and International Criminal Law
Authors: Gaeta Paola 
Published: August 2024

Abstract
This chapter focuses on the process of ‘individualization’ of the rules of the Geneva Convention through international criminal law (ICL). First, it examines to what extent the rules of the Geneva Conventions may constitute, and in fact have constituted, the basis for the identification of war crimes other than the grave breaches of the Geneva Conventions. Secondly, it analyses the application of modes of criminal liability for omission grounded on the violations of pertinent rules of the Geneva Conventions. This leads to a discussion of the possible ‘side effects’ of the expansion of the enforcement of the Geneva Conventions through ICL.
Evacuation and Transfer of Prisoners of War
Authors: Okimoto Keiichiro 
Published: August 2024

Abstract
This chapter discusses provisions on the evacuation and transfer of prisoners of war (POWs) laid down in the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (GC III). The GC III aims at minimizing the risk to POWs while they are being moved from one place to another. It makes a distinction between, on the one hand, the movement of POWs from the place of capture to a camp and, on the other hand, the movement of POWs from one camp to another. The former is dealt with in Articles 19 and 20 GC III, and the latter in Articles 46 to 48. The special case of transfers from one Detaining Power to another is provided for in Article 12 GC III. The chapter also considers the question of transfers of POWs to penitentiary establishments.
Treatment of Prisoners of War
Authors: Sanna Silvia 
Published: August 2024

Abstract
This chapter discusses provisions for the treatment of prisoners of war (POWs) laid down in the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (GC III). It covers the temporal applicability of the Convention’s safeguards; responsibility of the Detaining Power; fundamental rules for the treatment of POWs; conditions of captivity; relations with the detaining authorities; POWs’ labour and financial resources; and POWs’ contacts with the outside. It concludes that the body of rules for POW treatment enshrined in GC III consists of an extremely detailed regime, the correct and good faith application of which may genuinely contribute towards mitigating the suffering of the victims experiencing prolonged internment during armed conflicts, without overlooking the need to balance the interests and the real capabilities of the belligerent parties.
Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War
Authors: Sassòli Marco 
Published: August 2024

Abstract
This chapter discusses the rules governing the release, accommodation in neutral countries, and repatriation of prisoners of war (POWs). It covers repatriation and accommodation in neutral countries during hostilities; repatriation at the end of active hostilities; cases where repatriation at the end of active hostilities is not required; and status and treatment of prisoners of war who are not repatriated. Concerning the obligation to repatriate prisoners of war at the end of active hostilities, the determination of that point in time, the fact that this obligation is not subject to reciprocity, the relevance of objections and fears of prisoners of war to be repatriated, the destination of the repatriation, and practical arrangements and modalities are discussed. Finally, the relevance of the rules on repatriation of prisoners of war in non-international armed conflicts and particular legal consequences of an unlawful non-repatriation or repatriation of prisoners of war are discussed.
Judicial Guarantees
Authors: Akhavan Payam 
Published: August 2024

Abstract
This chapter discusses provisions for judicial guarantees under the Geneva Conventions. The Geneva Conventions do not contain a single consolidated provision listing all judicial guarantees applicable in armed conflict. Rather, they set out an elaborate system of guarantees, with rules applicable to various categories of protected persons, and further distinguish between international armed conflict (IAC) and non-international armed conflict (NIAC). Thus, international humanitarian law contains distinct provisions regulating penal proceedings as they relate to: prisoners of war, civilians, civilian internees, and parties to the conflict in NIAC. The chapter elaborates specific elements of these rules, which include the requirement of an ‘impartial’ and ‘regularly constituted court’, the requirement of individual criminal responsibility, and the principle of nullum crimen, nulla poena sine lege.
Treatment of Internees
Authors: Oswald Bruce , Iapichino Lucrezia 
Published: August 2024

Abstract
This chapter discusses provisions for the treatment of internees in Geneva Convention (GC) IV. Section IV GC IV consists of Articles 79–131, which are contained in 11 chapters that regulate: general concerns about internees; places of internment; food and clothing; hygiene and medical attention; religious, intellectual, and physical activities; personal property and financial resources; administration and discipline; relations with the exterior; plenary and disciplinary sanctions; transfers of internees; and deaths. There are a number of criminal violations that arise with mistreating detainees including torture; and wilfully causing great suffering or serious injury to the body or health of internees. In contemporary military operations there is general acceptance that the provisions in concerning the treatment of internees needs to be also viewed from the perspective of international human rights treaties such as the Convention against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment.