International Criminal Law Deskbook
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International Criminal Law Deskbook

Craig Barker, John Grant, Craig Barker, John Grant

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International Criminal Law Deskbook

Craig Barker, John Grant, Craig Barker, John Grant

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About This Book

Attempts to try individuals such as Slobodan Milosevic and Saddam Hussein for international crimes and the creation of the International Criminal Court highlight the growing currency and importance of international criminal law as a discipline in its own right. Contemporary importance and academic interest in the subject is rapidly eclipsing that in the more mainstream discipline of human rights. For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume.

Containing seventy-nine principal documents on ICL dating from 1919 to 2005, this user-friendly book organizes the documents around generally recognised categories of international crimes, such as war crimes, crimes against humanity and terrorism. It also includes constitutive instruments of the most important international, domestic and hybrid tribunals, including the Statute of the International Criminal Court, its rules of procedure and elements of crimes. Principal international and regional instruments which deal with the facilitation of a truly international system of criminal justice, in the form of extradition and mutual assistance are also included.

Each document has been carefully edited to present information that is directly relevant to international criminal law while all extraneous material has been excluded. Most importantly, each extract has its own introduction which provides the reader with official citations, parties, date of entry into force, an outline of the legislative history, links to related documents and a brief commentary analyzing and contextualizing the principal provisions.

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Information

Year
2013
ISBN
9781135327408
Part I
Substantive International Criminal Law

A
Laws of War

Document 1
Geneva Convention I (for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field) 1949

75 UNTS 31

This Convention was drafted during the Diplomatic Conference held in Geneva from 21 April to 12 August 1949. The Convention was adopted on 12 August 1949 and entered into force on 21 October 1950.
There are 192 parties, making the Convention virtually universal.
When the Convention was adopted in 1949, it replaced three earlier conventions of the same name (Article 59), the first of which, having been adopted on 22 August 1864 (129 CTS 361), was replaced, as between the parties, by the Convention of 6 July 1906 (11 LNTS 440). The First World War made apparent the need to for a new convention to address modern warfare issues. As a result, the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field was adopted on 27 July 1929 (118 LNTS 303) and was accompanied by another convention on the Treatment of Prisoners of War (118 LNTS 343). The 1949 Diplomatic Conference revised and expanded the two 1929 Conventions to create the four Geneva Conventions: this Convention, Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (Document 2), Convention III relative to the Treatment of Prisoners of War (Document 3) and Convention IV relative to the Protection of Civilian Persons in Time of War (Document 4).
Like the other three Geneva Conventions, this Convention is broadly applicable. It applies to all cases of declared war or other armed conflict, even if the state of war is not recognised by one of the parties, and to territorial occupations, even if the occupation meets with no armed resistance (Article 2). Certain minimum provisions of the Convention apply to non-international armed conflicts (Article 3).
Parties are obliged to enact the legislation necessary to ensure effective penal sanctions for those committing or ordering grave breaches of the Convention, as defined in Article 50 (Article 49). Such persons are to be pursued and brought to trial, regardless of their nationality (Article 49). Parties are also obliged to suppress all acts contrary to the Convention that are not grave breaches (Article 49). There is provision for safeguards for proper trial and defence, which are to be no less favourable than those prescribed in Article 105 of Geneva Convention III (Document 3) (Article 49). All laws and regulations enacted by parties to give effect to these requirements are to be transmitted to the Swiss Government (Article 48).
See the other three Geneva Conventions (Documents 2–4) and the two Protocols of 8 June 1977 (Documents 6–7).
See Final Record of the Diplomatic Conference of Geneva of 1949 (3 volumes, 1949); Pictet et al, The Geneva Conventions of 12 August 1949: A Commentary (4 volumes, 1952–60); Draper, The Red Cross Conventions (1958); Friedman, The Law of War: A Documentary History (1972).
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows:

Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
  1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
    • (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
    • (b) taking of hostages;
    • (c) outrages upon personal dignity, in particular humiliating and degrading treatment;
    • (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
  2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Article 12

Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.

Article 18

The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.

Article 19

Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.

Article 20

Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, shall not be attacked from the land.

Article 23

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.

Article 32

Persons designated in Article 27 [medical personnel of a neutral country] who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.

Article 36

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their national colours on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following.

Article 37

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.

Article 44

With the exception of the cases mentioned in the following paragraphs o...

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