bluuebunny/crossref_metadata_2025_split huggingface dataset:
Remedies in International Human Rights Law
Authors: Shelton Dinah 
Published: August 2024

Abstract
This third edition provides an analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for negotiating and litigating issues of redress for victims. The book incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context.
Interpretation and Amendments of the Founding Treaty
Authors: Walter Christian 
Published: August 2024

Abstract
This chapter starts by analysing the Statute of the Council of Europe (CoE) in the broader context of the general functions of founding treaties of international organisations. The founding treaty is of paramount importance both for the inside and the outside perception of an international organisation. From a theoretical perspective, the treaty forms the basis of the organisation’s international legal personality. From an operational perspective the founding treaty is relevant because it creates the organisation’s organs and determines their interaction. Finally, in a functional perspective, the founding treaty lays down the overall aims which the founding States intend to pursue. The chapter thus describes the main modes of interpretation and, linked to the issue of interpretation, also the formal and informal ways by which amendments or developments of the Statute of the CoE have been brought about.
The Parliamentary Assembly of the Council of Europe
Authors: Leach Philip 
Published: August 2024

Abstract
This chapter discusses the Parliamentary Assembly of the Council of Europe (the Assembly). The Assembly is one of the Council’s two statutory bodies, whose ostensible role is to act as the Council’s ‘deliberative organ’, discussing and making recommendations on any issues falling within the Council’s aim and scope. Yet it is a body with few hard powers, providing an essentially advisory role to the Council of Ministers (CM). This chapter aims to elucidate the Assembly’s objectives and functions, its composition and working methods, before seeking to analyse a number of its principal roles and activities. As the Assembly’s work is quite extensive, the chapter will only be covering key areas — including the State accession and monitoring process, standard-setting, its influence on the European Court of Human Rights (ECtHR), and the observation of elections.
Congress of Local and Regional Authorities
Authors: Schaffarzik Bert 
Published: August 2024

Abstract
This chapter highlights the Congress of Local and Regional Authorities of the Council of Europe (CLRAE). It explores the history of the CLRAE, before discussing its structure and composition, its tasks and working methods, its control standard in the European Charter of Local Self-Government, as well as its achievements and prospects. A body comprising both local and regional representatives, the CLRAE was borne of the CoE’s (joint) responsibility for the protection of local self-government. Thus the central task of the CLRAE is to discuss all matters of relevance with regard to local and regional interests and activities. In keeping with the characteristics of consultancy, the CLRAE is to provide its expertise but also to express subjective opinions reflecting the self-interest of the municipalities represented.
Combating Terrorism and Organised Crime
Authors: Walter Christian 
Published: August 2024

Abstract
This chapter looks at the Council of Europes (CoE) activities geared toward combating terrorism and organised crime. Both are matters of concern for the Council for years, although recently the struggle against international terrorism has become a major focus for the CoE. Thus this chapter analyses both topics using the approach maintained by the CoE, which is to view terrorism and organised crime as interrelated, but nevertheless distinct problems. It then describes and analyses a broad range of CoE activities in the fight against international terrorism, before addressing organised crime. Finally, the chapter concludes with some assessments on CoE strategies against international terrorism and organised crime.
The Geographical Scope of Application of the Conventions
Authors: Schöberl Katja 
Published: August 2024

Abstract
This chapter deals with the geographical scope of application of the Geneva Conventions. It provides an analysis of the geographical scope of international armed conflicts (IACs) inside and outside of belligerent states’ territories. It also discusses the application of Common Article 3 to ‘traditional’ non-international armed conflicts (NIACs) inside a High Contracting Party’s (HCP) territory. It finally seeks to contribute to the debate on ‘spill-over’, ‘multinational’, ‘cross-border’, and ‘transnational’ armed conflicts by analysing whether Common Article 3 as treaty law can be applied outside a HCP’s own territory.
The Obligation to Respect and to Ensure Respect for the Conventions
Authors: Geiß Robin 
Published: August 2024

Abstract
This chapter focuses on Common Article 1 of the four Geneva Conventions, which elevates all states to guardians over the Geneva Conventions by providing that ‘[t]he High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances’. It discusses the scope of application of Common Article 1 along with the obligation to respect and the obligation to ensure respect. Particular attention is given to the due diligence nature of the obligation to ensure respect, the extent to which states parties are obliged to stop and prevent transgressions by third actors, the ‘in all circumstances’ formula, and the obligation not to encourage, aid or assist the commission of violations by others.
The Dead
Authors: Gavshon Daniela 
Published: August 2024

Abstract
This chapter focuses on obligations under the Geneva Conventions and their Additional Protocols that address the treatment of the dead. Parties have an obligation to identify and record information on the dead, and in some instances to create a register of particulars, and in others to issue death certificates or certified lists with the relevant particulars. The Geneva Conventions also set out how this information should be passed between the parties. These provisions on identifying, recording, and passing on information relating to the deceased imply a right of the families to know the fate of their relatives. Whether this right is in fact a legal requirement, and how far it extends is discussed.
Protected Areas
Authors: Ronzitti Natalino 
Published: August 2024

Abstract
This chapter discusses the conditions governing protected areas in the Geneva Conventions. These cover hospital zones and localities, hospital and safety zones and localities, neutralized zones, non-defended localities, and demilitarized zones. It also considers protected areas established by the UN Security Council. It shows that while notions of protected areas are well regulated in the Geneva Conventions and in Additional Protocol I, the same is not true for security zones established by the UN. Practice regarding UN security zones is often inconsistent, and these zones are radically different from the protected zones under the Geneva Conventions, despite their common purpose of removing from the path of hostilities persons who may not be targeted according to the law of armed conflict. Too often the security zones are linked to peace support operations, and their neutrality is consequently open to question.
Murder in Common Article 3
Authors: Knuckey Sarah 
Published: August 2024

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. This chapter addresses the circumstances of protection, the role of intention, acts and omissions, and issues related to proof of death and unidentified victims. It also compares ‘murder’ to other prohibitions against killing in international humanitarian law (IHL), international criminal law, and human rights law, and discusses efforts to both harmonize and distinguish different types of unlawful killings.
Dissemination of the Conventions, Including in Time of Armed Conflict
Authors: Mikos-Skuza Elżbieta 
Published: August 2024

Abstract
This chapter deals with the obligation of states to disseminate the texts of the Geneva Conventions. The main purpose of dissemination is to prevent violations of the Conventions. The discussions cover the parties and entities tasked with dissemination, the importance of dissemination in peacetime, and the two main types of addressee to whom dissemination activities should be directed: the armed forces and the civilian population. The discussion extends also to the consequences of a violation of the obligation to disseminate the Geneva Conventions. The chapter concludes with remarks about the value of combining dissemination work with other measures, methods, and mechanisms to ensure better compliance with the Geneva Conventions.
Grave Breaches of the Geneva Conventions
Authors: Gaeta Paola 
Published: August 2024

Abstract
This chapter examines the so-called system of repression of grave breaches of the Geneva Conventions. After providing an overview of the different agendas of the various actors involved in the negotiation process of the provisions on grave breaches, the chapter discusses the scope and content of the obligations incumbent on state parties in respect to grave breaches, namely: the obligation to provide for effective penal sanctions; the obligation to search for persons who have allegedly committed, or have ordered to be committed, a grave breach; and the obligation to bring to court persons allegedly responsible for a grave breach or to hand them over to another contracting party. The questions of the jurisdictional link for grave breaches and of the respect for judicial guarantees for the accused are also discussed.
Domestic Implementation
Authors: Ziegler Andreas R , Wehrenberg Stefan 
Published: August 2024

Abstract
The Geneva Conventions oblige the states parties not only to respect, but also to ensure respect for, the Conventions in all circumstances under Common Article 1. From this obligation emanate specific duties of domestic implementation, further concretized in the Geneva Conventions and their Additional Protocols. These specific duties include certain preparatory measures to be taken both before and during an armed conflict, such as the planning, construction, and administering of specific infrastructure; the adoption of specific domestic legislation concerning the dissemination of the law and the training of those who must respect and apply the law; and, last but not least, the adoption of sanctions and their enforcement in order to improve observance of the law and fight impunity. This chapter will discuss these specific duties of domestic implementation in detail.
Who is Shipwrecked?
Authors: Haines Steven 
Published: August 2024

Abstract
This chapter is devoted to the humanitarian consequences of war/armed conflict at sea. It examines the humanitarian law relating to those who are entitled to shipwrecked status, addressing questions such as: Who is shipwrecked? When does someone become shipwrecked, and at what point do they cease being so? It discusses the shipwrecked in the context of 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed forces at Sea. The chapter further raises the point that there has been no general and sustained naval war since 1945, there is therefore no evidence of substantial state practice since then, and the law to be applied at sea has not been reviewed formally since 1949. However, because there has been significant change in the characteristics of merchant shipping, in the event of a general naval war, the law may require fresh interpretation.
Buildings, Material, and Transports
Authors: Schöberl Katja 
Published: August 2024

Abstract
This chapter discusses the protection afforded to medical buildings, material, and transports (including medical vehicles, aircraft and vessels). It analyses the detailed protection regime established by the 1949 Geneva Conventions. It also examines the impact of subsequent treaty law (most importantly the Additional Protocols) and restatements of international law, such as the San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the HPCR Manual on International Law Applicable to Air and Missile Warfare, on the application and interpretation of the provisions of the Geneva Conventions.
Loss of Protection
Authors: Haeck Tom 
Published: August 2024

Abstract
This chapter focuses on the conditions under which the protection afforded to medical units, establishments, and transports, and to medical and religious personnel may cease. The Geneva Conventions state that the protection of the different categories of units and establishments ‘shall not cease, unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy’. The chapter discusses acts harmful to the enemy, acts not causing loss of protection, and the consequences of loss of protection.
Status and Treatment of Those Who Do Not Fulfil the Conditions for Status as Prisoners of War
Authors: Olson Laura M 
Published: August 2024

Abstract
This chapter discusses the status and treatment of individuals who do not fulfil the conditions for prisoner of war (POW) status laid down in Article 4(A) of Geneva Convention (GC) III. It covers the consequences of not respecting conditions in Article 4(A) GC III; the relationship between Article 44 AP I and the Geneva Conventions; the debate surrounding ‘unlawful combatants’ and the protection regime applicable to them; residual protection under GC IV; minimum treatment standards; international human rights law protection when conditions of prisoner of war status not fulfilled; (irregular) renditions for persons who are not protected civilians; and recent examples: Israel and the United States.
Determination of Prisoner of War Status
Authors: Tougas Marie-Louise 
Published: August 2024

Abstract
This chapter aims to shed light on the interpretation and meaning of the prisoner of war (POW) status determination process. Article 5 GC III states that those who have committed belligerent acts and have fallen into the power of an enemy, and whose status may be unclear, shall benefit from the protection of GC III and be treated as if they were POWs until their status has been determined by a competent tribunal. However, the situation is more problematic when a case does not raise a doubt in the assessment of the Detaining Power, but does so in the view of one of the other entities or persons concerned. There seems to be a lack of clarity about what should constitute sufficient doubt under Article 5, or the consequences of the existence of such a doubt in the mind of persons or entities other than the Detaining Power. Finally, the reverse problem is discussed, i.e. how someone given POW status by the Detaining Power can object to such status.
The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
Authors: Nishat Nishat 
Published: August 2024

Abstract
This chapter examines the structure of Geneva Convention (GC) IV and the gaps resulting therefrom concerning the protection of civilians at the hands of a party to the conflict. In order to determine the relevance of GC IV to a particular civilian, it must first be determined how the territory that person is in is classified. A traditional reading of the Conventions shows that there are only two types of territory: a belligerent party’s own territory, or occupied territory. This binary classification, and its consequences for the way in which GC IV protection is applied, creates a lacuna in protection of civilians who fall into the power of an invading force before the territory is considered occupied. Fortunately, the most pressing protection need of such civilians—that they be treated humanely—is addressed by Article 75 of Additional Protocol (AP) I, which is now generally accepted as reflecting customary law.
The Derogation Clause
Authors: Graf-Brugère Anne-Laurence 
Published: August 2024

Abstract
This chapter focuses on the derogation clause in Article 5 of Geneva Convention (GC) IV which allows a party to a conflict or an Occupying Power to derogate to a certain extent from the rights afforded by the Convention to the ‘protected persons’ as defined in Article 4. Article 5 applies when in occupied territory, or in the territory of a party to the conflict, an Occupying Power or a party to the conflict is satisfied that an individual protected person is definitely suspected of being engaged in acts hostile to the security of the Occupying Power or party. The chapter discusses the scope of application of Article 5; the ratione materiae scope of the derogations; and the extent of the derogations.
End of Internment
Authors: Oswald Bruce 
Published: August 2024

Abstract
This chapter discusses provisions for the ‘end of internment’ in Geneva Convention (GC) IV, Chapter XII, Articles 132–135. These four Articles concern a number of issues of legal and practical significance, including determining when internment is to cease; establishing agreements concerning the release of certain classes of internees; repatriation and return to their last place of residence; and expenses relating to the release or repatriation of internees. The provisions cover all classes or categories of internees—security, criminal, and voluntary—and apply to both international armed conflict (IAC) and occupation. When dealing with the end of internment it is important to address such matters as the safety of persons released, the role of an independent organisation in overseeing release and repatriation, and the extent to which Security Council mandates govern repatriation.
Law of Maritime Safety
Authors: Boisson Philippe 
Published: August 2024

AbstractThis chapter considers the regulation of safety at sea. It also looks into the mode of production and formulation of the texts constituting the system of safety as well as the conditions of their applications and implementation on board ships. The system involves an essentially technical area, where standards apply to the construction, equipment, and operation of merchant ships, and their conditions of navigation. Regulations differ in status, comprising both public regulations and private standards. Public regulations require certain formalism when adopted or amended, insofar as they involve a large number of States. Private standards are more flexible, referring as they do only to a specific aspect of safety. The chapter analyses the role of two specialized UN agencies that make substantial contributions to standardization-the International Maritime Organization (IMO) and the International Labour Organization (ILO).
Law of General Average
Authors: Nielsen Bent 
Published: August 2024

Abstract
This chapter examines the law of general average, a legal principle of maritime law. The law states that if the common adventure consisting of the ship and the cargo is exposed to peril at sea, losses and expenses which are intentionally incurred to save the common adventure from the peril shall be shared by the saved interests in proportion to their values. The first codification of general average was the York-Antwerp Rules (YAR) 1890, which presented the rights and obligations of ship and cargo owners when cargo must be jettisoned to save a ship. The chapter highlights the YAR 1994 which first added the provision that when the community of interest between the ship and the cargo is finished, there is no longer a common adventure and there will be no general average allowance made for any sacrifice or expenditure arising after that moment.
Pollution from Dumping
Authors: Esmaeili Hossein , Grigg Brendan 
Published: August 2024

Abstract
This chapter considers the international legal regime that applies today to the dumping of waste, including the dumping of radioactive waste at sea. It focuses, in particular, on the specific international legal framework that regulates sea dumping established by the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Convention) and the London Convention’s 1996 Protocol. The chapter also examines the regional treaties and arrangements that apply to pollution from dumping at sea. Further, this chapter also explores recent responses of the international sea dumping regime to climate change and the extent to which it currently regulates the dumping at sea of radioactive waste: the issue that was its genesis.
Pollution of the Marine Environment from or Through the Atmosphere
Authors: Harrison James 
Published: August 2024

Abstract
This chapter considers the international law that is applicable to the pollution of the marine environment from or through the atmosphere. It starts by explaining the way in which this issue is addressed in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then analyses other relevant instruments that have been adopted to combat air pollution. The chapter covers both general treaties on air pollution, as well as the specific regime for the prevention of air pollution from ships. It pays particular attention to the nature of the international regulations and the extent to which they balance the various interests of different states. It also considers the manner in which the international emissions standards have evolved in response to technological developments and the challenges for future evolution.
Liability and Compensation for Ship-Source Pollution
Authors: Jacobsson Måns 
Published: August 2024

Abstract
This chapter covers the scope of liabilities and compensation for ship-source pollution, from the international regimes involved to the methods of their execution. Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (IMO) in the wake of the Torrey Canyon oil spill in 1967. This ‘old’ regime was amended in 1992 by two Protocols, and the amended Conventions are known as the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1969 and 1992 Civil Liability Conventions govern the liability of shipowners for oil pollution damage. The Conventions lay down the principle of strict liability for shipowners and create a system of compulsory liability insurance.