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    Common Article 1 and the duty to "ensure respect"

    Creighton Authors
    Watts, Sean

    Admin. Units
    School of Law

    Subjects
    Geneva Conventions (1949 August 12); War; Humanitarian law

    Title
    Common Article 1 and the duty to "ensure respect"

    Authors
    Schmitt, Michael N.; Watts, Sean

    Journal
    International Law Studies

    Volume
    96

    Pages
    674-706

    Date
    2020

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    Link
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    Other Link(s)
    SSRN

    URI
    http://hdl.handle.net/10504/129073
    Citation
    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.
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