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Article 7 - Non-Renunciation of Rights

from Part I - General Provisions

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

Common Article 7 (Article 8 in the Fourth Convention) is a cornerstone of theregime established by the Geneva Conventions. Its purpose is to ensure thatprotected persons enjoy the protection of the Conventions until the last momentwhen international humanitarian law applies to them or to their situation. Itstates that the rights of protected persons are inalienable. Together withcommon Article 1 and the articles setting out the duration of application ofeach Convention, as well as common Article 6 (Article 7 in the FourthConvention) prohibiting special agreements that would derogate from theConventions, this article was designed to ensure that the protection of theConventions would be inviolable.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 435 - 444
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Charmatz, Jan P. and Wit, Harold M., ‘Repatriation of Prisoners of War and the 1949 Geneva Convention’, Yale Law Journal, Vol. 62, No. 3, February 1953, pp. 391–415.CrossRefGoogle Scholar
David, Eric, Principes de droit des conflits armés, 6th edition, Bruylant, Brussels, 2019.Google Scholar
d’Argent, Pierre, ‘Non-Renunciation of the Rights Provided by the Conventions’, in Clapham, Andrew, Gaeta, Paola and Sassòli, Marco (eds), The 1949 Geneva Conventions: A Commentary, Oxford University Press, 2015, pp. 145–153.Google Scholar
Esgain, Albert J. and Solf, Waldemar A., ‘The 1949 Geneva Convention Relative to the Treatment of Prisoners of War: Its Principles, Innovations, and Deficiencies’, North Carolina Law Review, Vol. 41, No. 3, 1963, pp. 537–596.Google Scholar
Otto, Roland, ‘Neighbours as human shields? The Israel Defense Forces’ “Early Warning Procedure” and international humanitarian law’, International Review of the Red Cross, Vol. 86, No. 856, December 2004, pp. 771–787.CrossRefGoogle Scholar
Wilhelm, René-Jean, ‘Le caractère des droits accordés à l’individu dans les Conventions de Genève’, Revue internationale de la Croix-Rouge et Bulletin international des Sociétés de la Croix-Rouge, Vol. 32, No. 380, August 1950, pp. 561–590.Google Scholar

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