Common Article 1 of the Geneva Conventions and the Obligation to Ensure Respect

Abstract

The obligation to respect and ensure respect is codified by common Article 1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. The following research essay shall consider the second portion of this obligation, that is the obligation to ensure respect, and in particular the responsibilities of third States observing conflicts to which they are not a party. There are two competing interpretations of this obligation. One interpretation, favoured by the International Committee of the Red Cross in their 2016 Updated Commentary, requires that States are required to adopt all appropriate measures to ensure that International Humanitarian Law is observed universally. An alternate interpretation promotes a far more restricted interpretation of this obligation. This research essay concludes that the obligation to take measures to put an end to on-going violations and to actively prevent their occurrence is not supported by the initial intention of the High contracting Parties or the subsequent practice of States. Rather common Article 1 call for a more narrow interpretation whereby States have an obligation to avoid encouraging international humanitarian law violations and to ensure respect of international humanitarian law within their respective jurisdiction.