Article

The protective scope of common article 3 : more than meets the eye

Jelena Pejic

• International review of the Red Cross, Vol. 93, no. 881, March 2011, p. 189-225

English

Non-international armed conflicts are not only prevalent today, but are also evolving in terms of the types that have been observed in practice. The article sets out a possible typology and argues that Common Article 3 to the Geneva Conventions may be given an expanded geographical reading as a matter of treaty law. It also suggests that there is a far wider range of rules – primarily of a binding nature, but also policybased – that apply in Common Article 3 armed conflicts with regard to the treatment of persons in enemy hands and the conduct of hostilities.

• Full text

• International review of the Red Cross / ICRC
• International review of the Red Cross [Vol. 93, no. 881, March 2011] / ICRC