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3 results

  • 6 - Adoption and Authentication

  • Jeremy Hill, Formerly Legal Counsellor, Foreign, Commonwealth and Development Office, London
  • Book:
    Aust's Modern Treaty Law and Practice
    Published online:
    13 April 2023
    Print publication:
    06 April 2023, pp 99-106

  • Summary

    Adoption is the formal act by which the form and content of a treaty are settled. The classic principle was that, unless otherwise agreed, adoption needed the consent of all the states participating in drawing up the text. But often, in the case of a multilateral treaty drawn up at an international conference, a text is adopted by a specified majority, although consensus will normally be sought. Adoption of a bilateral treaty text is normally achieved by initialling. The process of establishing the final text is known as authentication and consists of a formal indication that a document contains the authentic and definitive text. Treaties adopted within an international organisation will follow that organisation’s rules. Sometimes, a diplomatic conference will conclude with a summary of proceedings known as a ‘final act’, to which a treaty adopted by that conference will be annexed. ‘Conclusion’ of a treaty is not defined in the Vienna Convention on the Law of Treaties but normally refers, in the case of a bilateral treaty, to signature of that treaty, and, in the case of a multilateral treaty, either to signature of the final act or the date on which the treaty is opened for signature.

  • Strengthening IHL protecting persons deprived of their liberty: Main aspects of the consultations and discussions since 2011

  • Tilman Rodenhäuser
  • Journal:
    International Review of the Red Cross / Volume 98 / Issue 903 / December 2016
    Published online by Cambridge University Press:
    08 January 2018, pp. 941-959

  • One key area in which international humanitarian law (IHL) needs strengthening is the protection of persons deprived of their liberty in relation to non-international armed conflicts (NIACs). While the Geneva Conventions contain more than 175 rules regulating deprivation of liberty in relation to international armed conflicts in virtually all its aspects, no comparable legal regime applies in NIAC. Since 2011, States and the International Committee of the Red Cross (ICRC) have worked jointly on ways to strengthen IHL protecting persons deprived of their liberty. Between 2011 and 2015, the ICRC facilitated consultations to identify options and recommendations to strengthen detainee protection in times of armed conflict; since 2015, the objective of the process has shifted towards work on one or more concrete and implementable outcomes. The present note recalls the legal need to strengthen detainee protection in times of NIAC and the main steps that have been taken over the past years to strengthen IHL.