![]() 679 and 701). They apparently form this view from the International Committee of the Red Cross’s (ICRC) 1952 Commentary on Geneva Convention I, whereby “the words ‘in all circumstances’ do not relate to civil war” ( Pictet, 1952, p. Some authors, most notably Schmitt and Watts, have argued that the “in all circumstances” phrase cannot be extended to NIACs as itapplies only in the context of IACs ( Schmitt & Watts, 2020, pp. The obligation to respect and ensure respect for IHL “in all circumstances”, which was later reproduced in Common Article 1 of the 1949 Geneva Conventions, has been questioned in scholarly assessments. Notably, the obligation to respect IHL in all circumstances first appeared in the 1929 Geneva Convention on the Treatment of Prisoners of War (art 84, LNTS), and the 1929 Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in Armies in the Field (art 25(1), LNTS). Respect and ensuring respect for IHL in NIACs Finally, it analyses the difficulties that would be encountered in the implementation of the precedent obligation if territorial States do not recognise the existence of NIACs on the one hand and the legal status of organised armed groups as parties to NIACs on the other. It then goes on to examine a further important legal question as to whether territorial States must engage with organised groups for the purpose of the obligations contained in Common Article 1. This post builds on the question of whether Common Article 1 obligations extend to situations of NIACs. ![]() At the same time, Common Article 1 of the 1949 Geneva Conventions explicitly provides that States undertake to respect and ensure respect for IHL in all circumstances. However, civilians still face frequent violations in international armed conflicts (IACs) and non-international armed conflicts (NIACs). ![]() ![]() Protecting civilians in armed conflicts represents one of the main goals of international humanitarian law (IHL), as a distinct body of law intended to protect civilians, civilian objects, and other protected persons and objects that are or may be affected by armed conflicts. ![]()
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