bluuebunny/crossref_metadata_2025_split huggingface dataset:
Reasons for judgments and decisions/Motivation des arrêts et décisions
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 45 of the European Convention on Human Rights, which sets out a ‘general rule’ by which ‘all judgments and most decisions of the Court must be reasoned’. 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.
Reasons for advisory opinions/Motivation des avis consultatifs
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 49 of the European Convention on Human Rights, which confirms that the rules applicable to judgments of the Court, set out in articles 45 and 46(2) of the Convention, also apply to advisory opinions. 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.
Powers of the Committee of Ministers/Pouvoirs du Comité des Ministres
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 54 of the European Convention on Human Rights, which states that nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe. 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.
Territorial application/Application territoriale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 56 of the European Convention on Human Rights, which establishes the inapplicability of the treaty to non-metropolitan territories in the absence of a distinct declaration. 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 4 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.
Territorial application/Application territoriale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 5 of Protocol 4 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. 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.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 6 of Protocol 4 to the European Convention on Human Rights, which confirms that Protocol No. 6 is an additional protocol. 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.
Signature and ratification/Signature et ratification
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 7 of Protocol 4 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. 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.
Abolition of the death penalty/Abolition de la peine de mort
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 6 to the European Convention on Human Rights, which abolishes the death penalty. 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.
Prohibition of derogations/Interdiction de dérogation
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 3 of Protocol 6 to the European Convention on Human Rights, which prohibits derogation from the provisions of this Protocol. 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.
Entry into force/Entrée en vigueur
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 8 of Protocol 6 to the European Convention on Human Rights, which deals with the entry into force of the Protocol. 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.
Procedural safeguards relating to expulsion of aliens/Garanties procédurales en cas d’expulsion d’étranger
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 7 to the European Convention on Human Rights, which provides for procedural remedies concerning the expulsion of non-nationals (or ‘aliens’). 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.
General prohibition of discrimination/Interdiction générale de la discrimination
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 12 to the European Convention on Human Rights, which prohibits discrimination on any ground. 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.
European Court of Human Rights
Authors: Lambert Elisabeth 
Published: August 2024

Abstract
This chapter reflects on the origin and development of the European Court of Human Rights (ECtHR), before concentrating on its activities and case law as well as on the consequences of its judgments. The ECtHR has probably become the most famous, important, but at the same time criticised organ of the Council of Europe (CoE). Its importance and role have considerably increased throughout the years as a consequence of the enlargement of the Member States parties to the CoE. At the same time, the enlargement, which is one of the main reasons for the current overwhelming of the Court, has put more pressure on the Court and so has weakened the judicial organ. Consequently it has opened the path for many reflections and a certain number of reforms in order to adapt the Court to its new environment.
Group of States against Corruption (GRECO)
Authors: Rau Wolfgang 
Published: August 2024

Abstract
This chapter examines the anti-corruption monitoring body of the Council of Europe (CoE), the Group of States against Corruption (GRECO). GRECO was set up to complement the CoE’s six anti-corruption instruments with a suitable and sustainable monitoring mechanism. The latter has two pillars: an evaluation procedure which is based on on-site visits and the issuing of Evaluation Reports as well as country-specific recommendations, and a fully-fledged impact assessment (‘compliance procedure’) designed to appraise the measures taken by its members to implement the recommendations emanating from country evaluations. As is the case with other international monitoring bodies, GRECO has no authority to act on individual complaints, nor can it ‘investigate’ — on an ad-hoc basis — corruption scandals that hit the headlines in Member States. And unlike other international anti-corruption monitoring bodies, GRECO assesses Member States’ alignment with a whole package of anti-corruption instruments which cover different branches of law and areas of concern.
European Convention on Human Rights
Authors: Dörr Oliver 
Published: August 2024

Abstract
This chapter discusses the European Convention on Human Rights (ECHR). Adopted by the Council of Europe (CoE) Member States on 4 November 1950, it represents one of the major achievements of international law in the 20th century: a treaty coupling a comprehensive catalogue of individual rights with an effective supervisory mechanism which includes the right to submit individual complaints. In the more than 60 years since its entry into force the Convention has developed from an international treaty on human rights to a quasi-constitutional reference standard in Europe. The ECHR regime is today the most important cornerstone of the rule of law in Europe, its human rights standard is an indispensable point of reference for many European constitutions, including that of the European Union. Consequentially it is with some right that the European Court of Human Rights (ECtHR) refers to the Convention as a ‘constitutional instrument of European public order’.
Conventions on the Protection of National Minorities
Authors: Oeter Stefan 
Published: August 2024

Abstract
This chapter details two treaty instruments for the protection of minorities: the Framework Convention on the Protection of National Minorities (FCNM) and the European Charter for Regional or Minority Languages (ECRML). These place the Council of Europe (CoE) in a unique position, as they are the only legally binding, specific legal documents on the protection of minorities that exist worldwide. Although there are other organisations that deal with issues of minority protection, the CoE treaties are unique in that they codify binding obligations for states and initiate ambitious monitoring mechanisms intended to create a dynamic institutional set-up. Furthermore, the chapter shows how these two treaty instruments have a common ideational background, but developed out of completely different political contexts. In the drafting phase (and also in the ratification process) there was a clear political intention to stress the differences between the instruments.
Anti-discrimination Policy
Authors: Giegerich Thomas , Jötten Sara 
Published: August 2024

Abstract
This chapter outlines the legal and political instruments developed by the Council concerning anti-discrimination issues. It first discusses the legal instruments, most notably the European Convention on Human Rights (ECHR) and the European Social Charter (ESC), although some focus is also given to other forms of treaties. The chapter notes that the legal instruments reflect the rising awareness and importance of the fight against discrimination. Afterward, the chapter delves into the political instruments and institutions employed by the Council of Europe (CoE). It examines the development of an anti-discrimination policy at its organisational summits, before looking at the Gender Equality Commission (GEC), the European Commission Against Racism and Intolerance (ECRI), and the Ad hoc Committee of Experts on Roma Issues (CAHROM). To conclude, the chapter offers some final insights on the CoE’s anti-discrimination policy.
Securing and Enhancing the Common Cultural Heritage
Authors: Odendahl Kerstin 
Published: August 2024

Abstract
This chapter examines the work of the Council of Europe (CoE) in the field of cultural heritage. At the same time, it examines the notion of a common European heritage, particularly with regard to the CoE Statute. Thus the chapter traces the genesis of this cultural work through the founding of the Council as well as the growing importance of the common cultural heritage. It then explores the systematic aspects of the Council’s efforts in cultural heritage, highlighting the role of the Council of Ministers (CM) in these proceedings, before looking towards outside institutions, particularly UNESCO and the European Union. Next, the chapter provides an overview of the legal basis for securing and enhancing the common cultural heritage. Finally, the CoE’s practices and influences in the field of the common cultural heritage are discussed, along with some brief concluding remarks.
Cross-border Cooperation
Authors: Niedobitek Matthias 
Published: August 2024

Abstract
This chapter looks at the Council of Europe’s (CoE’s) policy in the field of cross-border co-operation. It elaborates on the concept and terminology of cross-border co-operation, analyses the competence of the CoE to develop a policy in the field of cross-border co-operation, and explains the origins of that policy. Next, institutional issues of the CoE’s cross-border co-operation policy are addressed, namely intra-CoE issues and the relationship between the CoE and the European Union. Then, the CoE practice in the field of cross-border co-operation is being dealt with. A short assessment of the significance of the CoE policy in the field of cross-border co-operation concludes this chapter.
Programmes of Cooperation and Solidarity
Authors: Weiß Norman 
Published: August 2024

Abstract
This chapter examines the Council of Europe’s (CoE’s) social cohesion policies. It first takes a look at the role of the CEB’s activities with regard to social cohesion. Since the bank was established in 1956, the scope of its activity has broadened beyond the original, and now includes other sectors as it grants loans to finance projects with a social purpose, thus complementing the activities of other intergovernmental institutions. The chapter then turns to the broader internal social cohesion policies, before discussing the NSC’s role in external cohesion policies. The NSC is contributing to promote social cohesion in the countries of the South by a broad intercultural dialogue and by dealing with the role of women in society especially. To conclude, the chapter offers some insights on the future prospects for a social cohesion policy within the CoE.
Impact of the Council of Europe on National Legal Systems
Authors: Breuer Marten 
Published: August 2024

Abstract
This chapter attempts to measure the impact of Council of Europe (CoE) activities on national legal systems. In order to do so, the chapter first gives an overview of its methodology, which relies on the case study model of qualitative research. It then proceeds to enumerate the factors that determine the level of implementation of international engagements: binding versus non-binding instruments, self-executing versus non-self-executing norms, the hierarchical rank under national law, forms of indirect implementation, and a number of others described in brief detail. The case studies presented in this chapter are classified according to instrument, and include the following: the European Council of Human Rights (ECHR), the European Social Charter (ESC), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Commission against Racism and Intolerance, and the Venice Commission. The chapter then concludes with reflections on the above topics.
Special Agreements in International Armed Conflicts
Authors: Casey-Maslen Stuart 
Published: August 2024

Abstract
This chapter discusses the scope and nature of protection of special agreements in international armed conflicts (IACs), their relevance in non-international armed conflicts (NIACs), and legal consequences of a violation. Special agreements address the myriad of situations and issues that may arise during an IAC. The notion of a special agreement covers a commitment by at least one party to an armed conflict to adopt or to refrain from certain conduct; to address certain acts; or to respond to the needs or behaviour of a specific group or specific groups above and beyond the protection afforded by the four 1949 Geneva Conventions. Special agreements are also used to detail additional measures to be taken in IACs (for example, with regard to means or methods of warfare, to those entitled to special protection, or to humanitarian measures, such as mine clearance), including, specifically, during a situation of belligerent occupation.
Search for Missing Persons
Authors: Petrig Anna 
Published: August 2024

Abstract
This chapter discusses the core articles of the Geneva Conventions (GCs) and First Additional Protocol to the Geneva Conventions (AP I) dealing with the issue of missing persons. These are Article 16 GC I, Article 19 GC II, Articles 17, 119, 122, and 123 GC III, Articles 133 and 136–140 GC IV, and Articles 32 and 33 AP I. These rules are explained in the context of the different obligations in international humanitarian law to prevent persons from going missing and to account for persons reported missing in situations of armed conflict or occupation. The chapter also covers obligations aimed at preventing persons from going missing in non-international armed conflicts (NIACs), or to clarify the fate and whereabouts of persons who have gone missing in a NIAC. Finally, the chapter discusses the legal consequences of a violation, both in terms of state responsibility and individual criminal responsibility.
Taking of Hostages
Authors: Tuck David 
Published: August 2024

Abstract
This chapter discusses hostage-taking under the Geneva Conventions and their Additional Protocols. Informed by established definitions and interpretations of hostage-taking as a war crime in international criminal law, and also by scholarly opinion, this chapter proposes a definition of hostage-taking as it binds parties to armed conflict. Hostage-taking in non-international armed conflicts and the legal consequences of violation of the prohibition of hostage-taking are also covered.
Prohibition of Reprisals
Authors: De Hemptinne Jérome 
Published: August 2024

Abstract
This chapter discusses the prohibition of reprisals against persons and objects under the Geneva Conventions. It addresses the following issues: the exact meaning and scope of application of these prohibitions; the determination of the conditions under which specific reprisals may be taken; the status under customary law of the prohibitions of reprisals and their exceptions; the application of these prohibitions in non-international armed conflict; and the possibility of invoking reprisal as a ‘circumstance precluding wrongfulness’, or as a defence to charges of war crimes. This chapter argues that, while a consensus is progressively emerging on the general prohibition of reprisals, certain reprisals are still permitted in limited circumstances. Deficiencies in the enforcement international humanitarian law should not, however, lead to the revival of reprisals; instead, they should prompt states to find adequate solutions to curtail reprisals by strengthening and improving the utility existing mechanisms, or by studying alternative solutions.
Who Is Wounded and Sick?
Authors: Bellal Annyssa 
Published: August 2024

Abstract
The legal protection of the wounded and sick in armed conflict situations is at the core of modern international humanitarian law (IHL). In fact, and quite symbolically, the Geneva Conventions of 1864, 1904, and 1928, as well as the first two Geneva Conventions of 1949, focus precisely on this category of persons who suffer most directly from the consequences of war. This chapter addresses the question of who should be regarded as wounded and sick, or in other words who are the beneficiaries of the legal protection afforded by the 1949 Geneva Conventions and their Additional Protocols. It discusses provisions for the protection of the wounded and sick members of the armed forces and civilians, the issue of rape, and the definition of the wounded and sick in Additional Protocol I.
The Use of the Emblem
Authors: Bouvier Antoine A 
Published: August 2024

Abstract
The idea of ‘neutralization’ of military medical services and their auxiliaries led to the idea of making them visible by using a distinctive sign that would be the same in all countries, that would be internationally recognized by treaty, and the misuse of which would be punishable by law. This chapter discusses the rules governing the use of the emblem in the Geneva Conventions. Despite the many different users and several possible uses of the emblem, all relevant rules have a common denominator. This conditions the use of the emblem on three basic requirements: the use must be authorized (no ‘autonomous’ use); it must be controlled; and, generally, in its protective function, display of the emblem must be limited to medical activities.