Common Article 1 and the duty to "ensure respect"
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Authors
Schmitt, Michael N.
Watts, Sean
Issue Date
2020
Volume
96
Issue
Type
Journal Article
Language
Keywords
Alternative Title
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.
Description
Citation
Michael N. Schmitt & Sean Watts, Common Article 1 and the Duty to “Ensure Respect”, 96 INT’L L. STUD. 674 (2020).