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1. WHY DO MASS EXPULSIONS STILL HAPPEN?

Author:
Meghan Garrity
Publication Date:
01-2023
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
January 30, 2023 marks 100 years since the signing of the Lausanne Convention—a treaty codifying the compulsory “population exchange” between Greece and Turkey. An estimated 1.5 million people were forcibly expelled from their homes: over one million Greek Orthodox Christians from the Ottoman Empire and 500,000 Muslims from Greece. This population exchange was not the first such agreement, but it was the first compulsory exchange. Turkish nationals of the Greek Orthodox religion and Muslim Greek nationals did not have the option to remain. Further, Greek and Muslim refugees who had fled the Ottoman Empire and Greece, respectively, were not allowed to return to their homes. Only small populations in Istanbul and Western Thrace were exempted from the treaty.
Topic:
Human Rights, History, Refugees, International Criminal Court (ICC), Rome Statute, Rohingya, Geneva Convention, and Lausanne Convention
Political Geography:
Afghanistan, Turkey, Greece, Germany, Nigeria, Myanmar, and Niger

2. Common Article 1 and Duty to "Ensure Respect"

Author:
Zachary Manfredi
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper investigates whether the “to ensure respect” clause of Common Article 1 of the 1949 Geneva Conventions creates third state obligations. Third state obligations could impose both negative and positive duties on states to ensure that other states and some non-state actors comply with the Conventions. This issue has gained salience in light of the imminent publication of new set of commentaries on the Conventions by the International Committee for the Red Cross. The new commentaries will likely suggest that third state obligations under Common Article 1 are robust. This paper assesses the anticipated ICRC position in light of both the drafting history of Common Article 1 and subsequent interpretations by major international tribunals and states. It concludes that Common Article 1 provides for some third state obligations, but that their scope and content remains underspecified and highly contested.
Topic:
International Law, Humanitarian Crisis, Red Cross, and Geneva Convention
Political Geography:
Global Focus

3. Common Article 1 and Duty to "Ensure Respect"

Author:
Zachary Manfredi
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper investigates whether the “to ensure respect” clause of Common Article 1 of the 1949 Geneva Conventions creates third state obligations. Third state obligations could impose both negative and positive duties on states to ensure that other states and some non-state actors comply with the Conventions. This issue has gained salience in light of the imminent publication of new set of commentaries on the Conventions by the International Committee for the Red Cross. The new commentaries will likely suggest that third state obligations under Common Article 1 are robust. This paper assesses the anticipated ICRC position in light of both the drafting history of Common Article 1 and subsequent interpretations by major international tribunals and states. It concludes that Common Article 1 provides for some third state obligations, but that their scope and content remains underspecified and highly contested.
Topic:
International Law, Non State Actors, State, International Humanitarian Law (IHL), Geneva Convention, and ICRC
Political Geography:
Global Focus

4. The Geneva Conventions and New Wars

Author:
Renee De Nevers
Publication Date:
09-2006
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
RENÉE DE NEVERS explores how ‘‘new’’ wars—ranging from civil wars to asymmetric war—and new warriors, including warlords, private security companies, and children, fit within the Geneva Conventions. Although the nature of warfare and warriors has changed from the time the Conventions were adopted in 1949, she challenges the view that the Conventions should be abandoned. Rather, she argues, the Conventions should be revitalized to address a broader spectrum of war, because this will generate greater international support for U.S. efforts to combat terrorism.
Topic:
Terrorism, War, and Geneva Convention
Political Geography:
Global Focus and United States of America