Article

Teasingly inconclusive ? Teasing out from the travaux préparatoires the drafters' intentions of the so-called 'homeland battlefield unprivileged belligerents' under the 1949 Conventions

Yutaka Arai-Takahashi

• Israel yearbook on human rights, Vol. 49, 2019, p. 71-116

English

This paper will engage in extensive investigations into the legislative history of the IIIrd and IVth Geneva Conventions (GCIII and GCIV) adopted in 1949. It seeks to explore if the drafters of the Geneva Conventions excluded from the compass of the GCIV 'unprivileged belligerents' (or 'unlawful combatants') who are trapped on their homeland battlefield. This issue will necessitate an examination of the negotiators' thoughts on the scope of Part III of the GCIV, which supplies the nucleus of the GCIV's elaborate protections. This paper is purported as a sequence to the article that the present writer has published in the previous volume of this Yearbook, which has ascertained strengths and weaknesses of various interpretative methods proposed to overcome the same issue.

• Full text : restricted access (ICRC)

• See also 'Unprivileged (unlawful) belligerents captured on a battlefield and the Geneva Conventions' by the same author

• Israel yearbook on human rights / publ. under the auspices of the Faculty of Law, Tel Aviv University
• Israel yearbook on human rights [Vol. 49, 2019] / publ. under the auspices of the Faculty of Law, Tel Aviv University