Chapter

The Geneva Conventions and Public International Law

Theodor Meron

in The Making of International Criminal Justice

Published in print July 2011 | ISBN: 9780199608935
Published online September 2011 | e-ISBN: 9780191729706 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199608935.003.0002
The Geneva Conventions and Public International Law

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Today, the rights and values embodied in the 1949 Geneva Conventions implicitly underlie rights and duties of states in both war and peace, as well as shaping the ethos of our shared sense of humanity. But the near universal acceptance of the Conventions and their secure integration into the international system can sometimes lead us to underestimate the significance of their impact. This chapter talks about this transformative impact. It focuses on three concurrent trends set in motion by the Conventions. The first strand was a movement away from reactively protecting civilians to proactively safeguarding their welfare. Second, international humanitarian law shifted its focus from a paradigm of reciprocity to a framework of individual responsibility and rights. Lastly, the near universal acceptance of the Geneva Conventions has led to a non-derogable standard of humane conduct.

Keywords: 1949 Geneva Conventions; human rights; international humanitarian law; civilian welfare; individual responsibility; human conduct

Chapter.  3734 words. 

Subjects: Human Rights and Immigration

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