Common Article 1 and the duty to "ensure respect"
Creighton Authors
Watts, Sean
Watts, Sean
Admin. Units
School of Law
School of Law
Subjects
Geneva Conventions (1949 August 12); War; Humanitarian law
Geneva Conventions (1949 August 12); War; Humanitarian law
Title
Common Article 1 and the duty to "ensure respect"
Common Article 1 and the duty to "ensure respect"
Authors
Schmitt, Michael N.; Watts, Sean
Schmitt, Michael N.; Watts, Sean
Journal
International Law Studies
International Law Studies
Volume
96
Pages
674-706
96
Pages
674-706
Date
2020
2020
Metadata
Show full item record
Link
Check for Full-Text (may not be available)
Check for Full-Text (may not be available)
Other Link(s)
SSRN
SSRN
Citation
Michael N. Schmitt & Sean Watts, Common Article 1 and the Duty to “Ensure Respect”, 96 INT’L L. STUD. 674 (2020).
Michael N. Schmitt & Sean Watts, Common Article 1 and the Duty to “Ensure Respect”, 96 INT’L L. STUD. 674 (2020).
Abstract
Common Article 1 to the four 1949 Geneva Conventions requires Parties to those instruments to “respect and to ensure respect for the present Convention in all circumstances.” Some academics and private organizations claim the article includes an “external” obligation—a duty on the part of all States to use all available means to ensure respect for all provisions of the Conventions by all other States during all armed conflicts, even those to which the State in question is not a party. We reject such assertions. In our view, “ensure respect” refers to the duty of parties to an international armed conflict to take measures to ensure their nationals and others under their control comply with the Conventions.