Common Article 1: A Lynchpin in the System to Ensure Respect for International Humanitarian Law – Jean-Marie Henckaerts

In March, the ICRC released an updated Commentary on the First Geneva Convention of 1949.  This is the first instalment of six new commentaries aimed at bringing the interpretation of the Geneva Conventions and their Additional Protocols of 1977 to the 21st century.  In this blog mini-series co-hosted with the ICRC, three authors will share their perspective on some of the fundamental obligations enshrined in the Geneva Conventions and the evolution of the application and interpretation of these important provisions. 

Jean-Marie Henckaerts, ICRC’s Head of the Commentaries Update project, kicks off the mini-series with an examination of why the commitment by States to respect and ensure respect for IHL is more than just a “loose pledge”, and what measures States can take to fulfil this obligation.

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What right does Australia have to defend itself against terrorists? – Phillip Alphonse

In the post-9/11 zeitgeist, the ever-present fear of terrorism has reignited debate regarding whether a State has the right of self-defence against attacks by non-State actors. As Australia targets non-State actors such as ISIS and Al-Qaeda fighters in self-defence, the legality of such actions in international law must be questioned.

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Farewell to buried treasure: Claiming proprietary rights under international law in Ure v Commonwealth — Timothy Gorton

Introduction

Whilst many dream of claiming their own island slice of paradise, few would have ever done so with the same verve as Alexander Francis Ure. In 1970, Ure claimed the islands of Elizabeth and Middleton Reefs — some 80 miles north of Lord Howe Island — in order to exploit the substantial hydrocarbon deposits he believed to lie beneath.

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