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By Yves SANDOZ, Christophe SWINARSKI, Bruno ZIMMERMANN

ISBN-10: 9024734606

ISBN-13: 9789024734603

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Extra info for Commentary on the Additional Protocols of 8th June,1977,To the Geneva Convention of 12th August,1949

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Commentary General remarks 1 The title of a treaty does not have a substantial juridical function, but primarily a practical one. If it is properly worded, it will enable all those concerned, first of all to find a particular treaty easily and logically from the many existing treaties, and subsequently it will enable them to see at a glance whether it really is the treaty being sought. The title of the Protocol is worded in such a way as to satisfy these requirements, and for practical purposes a short title, but still an official title, is added in parentheses.

Thus it was not possible to escape this tension between political and humanitarian requirements. Such tension is in the nature of the law of armed conflict, which is based, as we know, on compromise. However, the legislative work is accomplished, and this represents an achievement of great significance. It is also remarkable that almost all the provisions were adopted by consensus. In fact, of the 150 articles on matters of substance contained in the two Protocols, only 14 required a formal vote, not counting of course those draft articles, proposals and amendments that were rejected after a vote.

3 (Preamble). R. III, pp. 3-4 and 153-154. R. VII, pp. 54, paras. 1-43. R. VIII, p. 6, para. 29. R. IX, pp. 67, paras. 45-47 and 49; pp. 69, paras. 24-25; p. 76, para. 1; pp. 475­ 476, paras. 11-15; p. 77, Annex (Cyprus). R. X, pp. 3-4, CDDH/48/Rev. 1, paras. E and 6; p. , Annex (Philippines); p. 1, Annex (Philippines); p. 1, Annex (Preamble); pp. 1, paras. 4, 6 and 11-12; pp. 206-207, paras. 166-171; pp. ) Annex III, paras. 1-3; p. 248, paras. 33-36; p. 294, Annex IV (Preamble). R. XIV, pp. 17, paras.

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Commentary on the Additional Protocols of 8th June,1977,To the Geneva Convention of 12th August,1949 by Yves SANDOZ, Christophe SWINARSKI, Bruno ZIMMERMANN


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